A railroad has a continuing duty to use reasonable care to provide its employees a reasonably safe place to work. The Federal Employers' Liability Act (FELA) does not contain specific standards of care applicable to the railroad within the act itself. However, over the years, courts have determined that some of the duties the railroads owe to its employees include a duty:
(1) to provide reasonably safe tools and equipment;
(2) to provide sufficient help;
(3) to promulgate and enforce safety rules;
(4) not to assign tasks beyond an employee's physical capacity;
(5) to warn employees of unsafe conditions;
(6) to protect employees from intentional torts committed by co-workers; and
(7) to furnish a safe place to work.
A railroad breaches its duty to its employees when it fails to use ordinary care to make the working environment safe. A railroad breaches its duty when it knew, or by the exercise of due care should have known, that its conduct was inadequate to protect the injured railroad employee. The FELA protects a rail employee working on the property of a third-party industry that is unsafe, and protects employees who are injured in van accidents, while being transported from one location to another while on company time.
Nebraska Railroad Safety Act Lawyers
The railroad safety acts are known as the Locomotive Inspection Act (former Boiler Inspection Act) and the Safety Appliance Act, which mandates that the railroad maintain certain components of locomotives and safety appliances free from defects. These safety acts supplement the FELA and promote employee recovery. The railroads are also required to fully comply with federal regulations applicable to the rail industry as set forth in the Code of Federal Regulations (CFR) and rules promulgated by the Occupational Safety and Health Administration (OSHA).
When a railroad employee is injured due to the railroad's violation of a safety act, whether in North Platte, Nebraska, or Chicago, Illinois, the railroad is subject to "strict liability," which means that negligence against the railroad is established as a matter of law. The railroad is unable to attempt to reduce the employee's damages based on the employee's comparative negligence, and the railroad is 100 percent responsible for the resulting injuries and damages.
Proving a violation of a safety act can substantially increase employees' FELA recovery, and our law firm is experienced in analyzing case facts to determine if any such violation exists. O'Brien Chod, LLC, has successfully handled numerous cases involving federal negligence and railroad safety statute violations, so call our office toll free at 877-746-3165 or e-mail us with any questions regarding these critical laws that protect the rights of injured railroad employees.
