At Eckman, Strandness & Egan, we
believe it's important for railroad workers and their families to know their
rights before they are injured on the job. We understand that injuries to the
back, neck, hands, elbows, shoulders, arms, knees, lungs, and brain can occur on
all major railroads. We have extensive experience working with the Burlington
Northern (BNSF), Union Pacific, Canadian Pacific, Canadian National, and the
Duluth, Missabe & Iron Range (DM&IR) railroads. For years,
we have successfully represented members of the Brotherhood of Maintenance of
Way Employees; Brotherhood of Locomotive Engineers (BLE); Brotherhood of Railway
Signalmen (BRS); the International Brotherhood of Electrical Workers (IBEW); the
Transportation Communications International Union (TCU); and the United
Transportation Union (UTU).
Unlike most workers, railroad
employees are not covered by state workers' compensation laws. Instead, you and
your family are protected by the Federal Employers' Liability Act (FELA). This
unique set of laws actually gives you more rights and more protection that any
other worker in the United States. There are, however, still important
guidelines for you to follow if you are a railroad worker injured on the job.
- FELA applies to all railroads engaged in interstate commerce and to their
employees whose work furthers interstate commerce. Interstate commerce includes
running across state lines and handling freight. It applies equally to big-line
and short-line railroads.
- Both union and non-union workers are covered under FELA.
- To recover damages under FELA, an injury must be caused by negligence (no matter
how small) on the part of the railroad. Negligence is defined as "doing
something that a reasonable person would not do, or failing to do something a
reasonable person would do, under the existing circumstances."
- Railroads have a legal duty to provide a safe place for employees to work. This
includes providing adequate help, safe equipment, suitable tools, and proper
working conditions. If an injury results because a railroad fails to provide
these things, or due to another employee's carelessness, the railroad is
- In cases under FELA, the statute of limitations is three (3) years from the date
of the injury. The time limit usually begins to run on the day the injury
- In certain cases, however, the time limits begins to run when the injured
employee knew, or should have known, he or she sustained an injury and that the
injury was caused by some condition or substance in the workplace. These cases
usually involve occupational injuries, such as hearing loss or silicosis, that
occur over a period of time rather than on a single day.
- If a claim is not settled with the railroad or a lawsuit is not filed in the
proper court within these time frames, the claim could be barred.
For a booklet containing this information and all the additional information
listed here on our web site concerning railroad injuries, please
contact us, and
we will send it to you at no charge.
What To Do If You're Injured
A Warning Regarding Claim Agents
Railroad Newsletter Articles
Defective Product Accidents
Drunk Driving Collisions
Slip & Fall Accidents
Talk to an attorney now!
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Eckman, Strandness & Egan P.A.
319 Barry Ave. South Suite 100, Wayzata, MN 55391-0597
Mailing Address: P.O. Box 597, Wayzata, MN 55391-0597
(952) 594-3600 | (800) 328-1096 Fax (952) 594-3601
Copyright © 2004 Eckman Strandness & Egan
Friday, October 24, 2014