Common Defenses Used by Railroads in FELA Cases: How to Strengthen Your Claim

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Injured while working for a railroad? Understanding the defenses railroads often use in Federal Employers’ Liability Act (FELA) cases is crucial to protecting your rights and maximizing your potential railroad injury settlement amounts. This knowledge can significantly impact the outcome of your FELA claims process. 

Cahill & Perry, P.C. Attorneys at Law, with offices in New Haven, CT, Boston, MA, and New York, NY, have decades of experience assisting injured railroad workers. We understand the tactics railroads employ and how to build a strong case on your behalf. If you’ve been hurt on the job, it’s important to speak with a qualified FELA attorney as soon as possible. 

Don’t delay – protect your future. Call 800-654-7245 today for a consultation.

Defense #1: Assumption of Risk

Railroads frequently claim that employees accepted the inherent dangers of the job. The idea is to shift liability onto the worker by arguing that the individual chose to work under hazardous conditions. However, 45 U.S.C. § 54 sets limits on how effectively this defense can be used. Even if a role includes daily hazards, railroad companies remain responsible for minimizing those risks through proper training, equipment maintenance, and safe protocols.

According to the Federal Employers’ Liability Act, an employer that fails to uphold safety standards typically cannot claim a worker simply assumed every risk. Employers must consistently address known dangers. If a railroad disregards routine inspections or supplies substandard protective gear, the argument that a worker simply “accepted the danger” loses ground. Gather evidence of any safety violations or past employee complaints to illustrate an environment where the railroad neglected its legal obligations.

Defense #2: Contributory Negligence

Another common argument is that the injured party was partially at fault, thus warranting a reduction in any award. Under FELA, contributory negligence lowers potential compensation but does not eliminate it entirely. For instance, a railroad might suggest a worker ignored established safety guidelines, thereby increasing the chances of injury.

Even if you share some degree of fault, FELA still allows for damages in proportion to the railroad’s negligence. This means the employer’s oversight or misconduct remains central to determining how much you recover in railroad settlements. Occupational Safety and Health Administration often highlights the impact of inadequate training or unsafe conditions, weakening attempts to assign full blame to an employee.

Your level of responsibility does not outweigh an employer’s duty to furnish a secure work setting. Trained FELA attorneys recognize how to prove the railroad’s larger role, ensuring contributory negligence doesn’t overshadow genuine claims.

Defense #3: Pre-Existing Conditions

Railroad companies may argue that your injury stems from a health issue you had before the incident, thereby disputing the severity or legitimacy of your workplace-related harm. The goal is to reduce railroad injury settlement amounts or block a claim altogether by labeling the ailment as unrelated to job duties.

FELA recognizes that a railroad can still be liable if its negligence exacerbates a pre-existing condition. You do not have to be in perfect health to qualify for compensation. Gather medical documentation showing when and how your injury worsened. This could include physician reports, physical therapy records, and diagnostic images that highlight fresh damage or accelerated deterioration.

Linking a relapse or flare-up to employer negligence is often all that’s required to clear this defense and validate your claim. In many FELA cases regarding back injury settlements, clear medical timelines have proven key in demonstrating that workplace factors triggered or aggravated the pain. If a railroad points to older x-rays or prior treatments, work with a skilled railroad injury attorney to present updated expert evaluations explaining precisely how on-the-job hazards intensified your condition.

Defense #4: Inadequate Safety Protocols vs. Worker Disregard

Sometimes, a railroad will claim that robust safety protocols were in place but that the worker failed to follow them. This shifts the narrative from corporate responsibility to employee irresponsibility. However, the real question is often whether those rules were correctly implemented and monitored.

• Company Records: If training manuals are outdated or rarely enforced, the notion that adequate safety guidelines existed becomes dubious.
• Inspections and Audits: Routine checks, both internal and external, can reveal lapses like defective machinery, insufficient staffing, or incomplete staff orientations.

Demand documentation of all operational guidelines, enforcement logs, and disciplinary records to see if management consistently carried out its own rules.

Defense #5: Comparative Fault and Shared Responsibility

Under FELA, you can still receive compensation even if you share some blame for your injury. Comparative fault essentially allocates a portion of responsibility to each party and adjusts the final award accordingly. This is not the same as contributory negligence, which focuses on whether the employee’s misstep contributed to the accident at all.

If the railroad fails to maintain safe track conditions, allows for overlong shifts without breaks, or neglects repairs on vital equipment, its share of fault is likely substantial. Collect job logs, shift schedules, and prior incident reports to demonstrate a pattern of insufficient measures. For questions about your potential role in an accident, feel free to contact our team so we can evaluate if shared liability might arise in your FELA cases.

Fight FELA Cases & Win with Cahill & Perry, P.C. Attorneys at Law

Cahill & Perry, P.C. Attorneys at Law combine legal insight and thorough investigation to challenge each tactic. Contact us today for immediate help, as the evidence you collect now and the legal steps you take can significantly influence the outcome of your claim under railroad injury law.