Railroad Worker Injury:

Requirements of a FELA case

There are three basic requirements that have to be established for an injured railroad worker to recover damages under FELA. First, the accident must have happened in the course and scope of the worker’s employment with the railroad company. The injury does not have to happen on railroad property as long as it occurred in the furtherance of employment. Second, the railroad must be engaged in interstate commerce between two or more states. Nearly all the duties of a railroad worker are viewed as furthering interstate commerce, so most railroad worker injuries qualify under the federal FELA rules. Lastly, the railroad must have caused or contributed to the injuries. It must be proven that your employer did not provide a safe workplace for you.