FELA Coverage: Before or After I Punch In or Out of Work?

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As railroad workers, we understand that the job comes with its own set of risks and challenges. Accidents and injuries can happen at any time, whether during work hours or even when you’re just about to start or finish your shift. If you’ve been injured while working on the railroad, it’s essential to know your rights and the protections available to you under the Federal Employers Liability Act (FELA).  In this blog, we will explore FELA coverage as it relates before or after you punch in or out of work and how it can help you secure the compensation you deserve. Before diving into the details, let’s understand the key concepts surrounding the FELA.

A Safety Net for Railroad Workers

FELA, unlike standard workers’ compensation laws, permits injured railroad employees to sue their employers for negligence. It provides coverage for injuries sustained due to various reasons, such as unsafe work conditions, equipment malfunction, and negligence by coworkers. However, the claimant must demonstrate that the railroad company, through negligence or violation of safety statutes, contributed to the injury. FELA case settlements, like railroad shoulder injury settlements or railroad back injury settlements, can cover lost wages, medical expenses, and even pain and suffering.

FELA Coverage

The heart of the matter in question – whether FELA covers you before or after you punch in or out of work – is embedded in the understanding of the “scope of employment” concept. Essentially, FELA protects you if an injury occurs within the parameters of your employment duties. To illuminate this concept further, we need to delve into the activities encapsulated within this scope.

• Direct Job-Related Tasks: Activities that fall under your explicit job duties, undertaken during the official work hours, are undoubtedly within the scope of employment. For instance, operating railway machinery, carrying out maintenance tasks, or engaging in freight loading operations.
• Peripheral Job-Related Activities: Beyond the direct tasks, the scope of employment under FELA also extends to activities indirectly related to your job, which often occur just before or after your designated work hours. Examples of such activities can include…

Pre-shift preparations – These could involve setting up tools and equipment or even safety checks before initiating the day’s work.

Post-shift procedures – These might include tasks such as cleaning your work area, securing machinery, or filling out end-of-day reports.

• Incidental Activities During Work Hours: Even within your working hours, activities not directly related to your primary job function but necessary for work, such as taking scheduled breaks, attending mandated training sessions, or engaging in team meetings, are also considered within the scope of employment.
• Job-Related Tasks Off-Site: Some job responsibilities might require you to be off-site, such as traveling for work-related purposes or engaging in remote assignments. Injuries incurred during such tasks can also fall under FELA’s purview.
• Transition Activities: Crucially, the scope can extend to activities related to transitioning in or out of your work, such as walking to your work area from the parking lot or leaving the work premises after your shift.

In essence, if an injury occurs during any of the above scenarios, you might qualify for FELA protection. It’s important to remember that the scope of employment under FELA extends to pre- and post-shift activities if they are integral to the job or benefit the employer. For example, if you were injured while preparing equipment before your shift or undergoing a safety briefing, these activities are typically considered within the scope of employment. Conversely, if you were engaged in personal activities unrelated to work, such as running a personal errand before or after work, the FELA would likely not apply.

Importance of Legal Representation

The FELA claims process can be complex and daunting, especially when trying to establish the scope of employment for pre- and post-shift activities. This is where legal representation from experienced railroad injury attorneys at Cahill & Perry, P.C. Attorneys at Law, becomes essential. They can provide the expertise needed to build a strong case, gather evidence, and protect your rights throughout the process. If you’ve been injured, seeking legal counsel from experienced attorneys can significantly increase your chances of securing the justice you deserve especially for FELA case settlements.

Remember, the FELA is there to protect you, and you have the right to a safe workplace. If you or a loved one has suffered a railroad injury, don’t hesitate to take action. Contact Cahill & Perry, P.C. today.