FELA Claims due to Negligence of Supervisors
The Federal Employers’ Liability Act (FELA) is a federal statute that allows railroad workers to sue their employers for damages if they are injured on the job. Unlike workers’ compensation, FELA requires the injured worker to prove that the railroad was ” negligent,” at least in part, in causing the injury. Railroad supervisors have a duty to ensure a safe working environment, and their negligence can lead to serious injuries. This article will explore how FELA claims apply when a supervisor’s negligence causes an injury.
Table of Contents
- Examples of Supervisor Negligence
- Proving Negligence in a FELA Claim
- Common Injuries from Supervisor Negligence
- Filing a FELA Claim for Supervisor Negligence
- Benefits of Hiring a FELA Attorney
- Conclusion: Holding Supervisors Accountable
1. Examples of Supervisor Negligence
Supervisor negligence can take many forms. Some common examples include:
- Failing to properly train employees on safety procedures or the use of equipment
- Ignoring safety rules or allowing employees to violate them
- Failing to address hazardous conditions or report them to maintenance
- Inadequately supervising employees to prevent accidents
- Retaliating against employees who report safety concerns
2. Proving Negligence in a FELA Claim
To succeed in a FELA claim, the injured worker must prove that the railroad was negligent, and that the negligence played a role in causing the injury. This requires showing that the railroad failed to provide a reasonably safe work environment. Evidence of supervisor negligence, such as eyewitness testimony, safety records, and photographs, can be crucial in meeting this burden.
3. Common Injuries from Supervisor Negligence
Supervisor negligence can lead to a wide range of injuries, from minor sprains and strains to severe trauma. Some common examples include:
- Musculoskeletal injuries from lifting or repetitive motion
- Traumatic injuries from falls, equipment accidents, or collisions
- Exposure to hazardous substances
- Long-term injuries like hearing loss or carpal tunnel syndrome
4. Filing a FELA Claim for Supervisor Negligence
An injured worker has three years from the date of injury to file a FELA claim. The claim must be filed in federal court and must allege the specific acts of negligence by the supervisor and how they caused the injury. It’s important to consult with an experienced FELA attorney when filing a claim.
5. Benefits of Hiring a FELA Attorney
FELA cases can be complex and require a deep understanding of railroad regulations and industry standards. An experienced FELA attorney can help gather evidence, interview witnesses, and build a strong case. They can also negotiate with the railroad’s attorneys to secure a fair settlement.
6. Conclusion: Holding Supervisors Accountable
Supervisors play a critical role in ensuring a safe working environment for railroad employees. When their negligence causes an injury, the railroad can be held liable under FELA. By filing a FELA claim, injured workers can secure the compensation they need to recover and hold supervisors accountable for their actions.