Railroad Injury Blog

Under the Federal Employers’ Liability Act (FELA), a covered railroad is liable for negligently causing the injury or death of any person while he is employed by the railroad. It is often the case, however, that an employee will be carried on the payrolls of more than one employer at any given time. In this situation, the dominant issue is control. How much control did the railroad have over the employee during the time of the injury? The law does not require the railroad to have full supervisory control over its employees. Instead, the law requires that the railroad plays a significant supervisory role as to the work of the injured employee in order to collect under FELA. The actual test applied by the court is whether the railroad has control over the employee’s work or the right to control the employee’s work at the time of the injury. Essentially, the right to control details of the work which exposed an employee to the risk of injury is the most important factor in determining one’s status as an employee.

If you or a loved one has been injured while employed as a railroad worker contact the experienced railroad injury attorneys at the Fitts Zehl Law Firm by email at info@railroad-injury-lawyer.com or by phone at (800) 99-FITTS.