Railroad Maintenance-of-Way Injuries Under FELA: Legal Protections for Track and Signal Workers
If you or a co-worker were hurt on the rails, call 800-654-7245 now for a free case review with a top-rated railroad injury lawyer that can secure record-setting railroad settlements across the Northeast.
Maintenance-of-way (MOW) employees—track laborers, tie-gang foremen, surfacing crews, and signal maintainers—face vibrating tampers, high-voltage circuitry, and heavy on-track machinery every shift. In February 2024 a 41-year-old foreman was killed by a reversing ballast regulator in Roanoke Rapids, North Carolina, a tragedy documented in a Federal Railroad Administration FAMES alert.
Incidents like this illustrate why Congress enacted the Federal Employers’ Liability Act (FELA): a law that lets injured railroaders sue the carrier for full, uncapped compensation instead of accepting limited workers’-comp benefits. Knowing your rights under FELA—and enforcing them quickly—can determine whether you receive fair railroad injury settlement amounts or struggle with unpaid bills.
Below are the key protections you can assert immediately after an accident.
Track and Signal Workers Have the Right to Safe Equipment and Tools
Spike mauls, welders, ballast regulators, and hi-rail trucks must arrive on site in reliable condition. FELA requires railroads to inspect, maintain, and replace gear before defects cause harm. A cracked hydraulic hose, faulty arc welder, or misfiring spike gun is evidence of negligence, even if management’s fault seems “slight.”
FELA attorneys uncover maintenance logs showing skipped service intervals—proof that drives high case settlements. Photograph damaged tools, save repair tags, and note verbal complaints; such records strengthen claims for serious lumbar fusion or railroad shoulder injury settlements.
Track and Signal Workers Have the Right to A Hazard-Free Work Zone
Loose, un-compacted ballast, missing signage at road crossings, inadequate foul-time, or mis-aligned switch points dramatically increase the risk of slips, trips, and struck-by injuries. FELA obliges carriers to grade walking surfaces, post speed limits for roadway machines, and enforce roadway-worker protection so no train enters your zone without clearance.
FRA Safety Advisory 2024-01 emphasizes rigorous communication and red-zone procedures for roadway maintenance machines. If ballast depth, lighting, or traffic control violated those procedures, you can seek damages far above typical state benefits—including sizable railroad injury settlements for herniated discs and nerve damage.
Track and Signal Workers Have the Right to Adequate Staffing and Training
A two-person gang rushing to change ties or rewire a signal mast faces fatigue and lifting hazards that a properly staffed crew could avoid. Railroads must assign enough qualified employees and provide current instruction on lockout/tagout, roadway-worker protection rules, and FRA Part 213 track standards.
Inadequate training or crew size often explains why workers suffer torn rotator cuffs that lead to six-figure FELA back injury settlements. Keep personal notes on manpower shortages and request copies of safety-briefing sheets; these demonstrate management’s failure and help your Connecticut railroad injury lawyer seek full damages.
Track and Signal Workers Have the Right to Full Compensation for Railroad Negligence
Track and signal workers injured because of railroad negligence can pursue all economic and human losses under FELA, not just a fraction. That means past and future wages, Railroad Retirement credits, overtime differentials, medical expenses, and pain and suffering are recoverable without statutory caps.
Substantial railroad injury settlement amounts often result when vocational and economic experts project lifetime earnings while physicians document permanent restrictions. Every pay stub, benefit statement, therapy invoice, and prescription receipt strengthens those calculations by providing hard proof of what the injury will truly cost. Preserve this paperwork from day one to maximize any future award or settlement.
Track and Signal Workers Have the Right to Choose Their Own Doctor and Courtroom
You are free to select your own orthopedic, neurological, or rehabilitation specialist instead of a carrier-appointed doctor who might minimize injuries. Independent treatment records often prove critical during the FELA claims process. Venue choice is equally powerful: a lawsuit may be filed wherever the railroad “does business,” allowing your attorney to select worker-friendly juries in New Haven, Boston, or Manhattan.
Strategic filing places pressure on carriers to settle, a tactic prized by clients searching for the best FELA attorneys. Keep MRI discs, prescription lists, and therapy notes—they substantiate long-term impairments and justify robust railroad injury settlement amounts.
Track and Signal Workers Have the Right to Litigate Without Assumption-of-Risk Barriers
Before 1939, railroads escaped liability by claiming employees “assumed the risk” inherent in track work. Congress abolished that defense, and the Supreme Court underscored the point in Tiller v. Atlantic Coast Line—holding that assumption of risk no longer shields carriers.
Today, even if you inadvertently stepped inside the gauge or missed a hand signal, comparative negligence only reduces—never eliminates—recovery. Collect coworker statements, safety-rule excerpts, and incident-report copies to show that management’s decisions, not unavoidable hazards, primarily caused your harm, preserving the path to substantial case settlements.
Don’t Settle for Less–Maximize Your Railroad Injury Settlement
Track maintenance should deliver a paycheck, not permanent hardship. For over four decades Cahill & Perry, P.C. Attorneys at Law has focused on railroad injury law, winning verdicts and settlements that cover full wages, medical costs, and quality-of-life losses. Call 800-654-7245 or reach out today to place a committed legal team between you and the railroad’s claim agent. Your rights are clear; let seasoned advocates enforce them and pursue the maximum compensation you deserve.
