Subcontracting Is No Escape From FELA and FRSA Liability
Many railroad workers are hired through subcontractors rather than directly by railroad companies. This arrangement often raises questions about protections under the Federal Employers’ Liability Act (FELA) and the Fair Labor Standards Act (FLSA). At Cahill & Perry, P.C. Attorneys at Law, we ensure that your rights are fully protected, regardless of your employment status. If you have concerns about your workplace protections, visit this page.
Subcontracting in the Railroad Industry
Subcontracting in the railroad industry involves a primary contractor (typically a railroad company) hiring another company or individual, known as a subcontractor, to perform specific tasks related to rail operations. This could include maintenance, construction, or other specialized work that requires specific expertise.
In modern railroad operations, it is not uncommon for major railroad companies to subcontract certain tasks. While subcontracting can lead to operational efficiencies, it does not absolve the primary company from liability under FELA and FRSA should an injury occur.
A critical element of the Federal Employers Liability Act (FELA) and the Federal Railroad Safety Act (FRSA) is the enduring liability for worker injuries, which persists even when tasks are outsourced to subcontractors. Under FELA, established by Congress in 1908, railroad companies are required to provide a reasonably safe work environment, training, supervision, and equipment.
This liability extends to any work outsourced to third parties, ensuring that the primary employer remains legally responsible for the safety of all work performed under its purview, irrespective of the direct employer of the worker.
If you or a loved one has been injured in a railroad-related incident, understanding your legal options is crucial. At Cahill & Perry, P.C. Attorneys at Law, we have dedicated over four decades to defending the rights of railroad workers across the country. Our firm’s success in securing favorable railroad injury settlements demonstrates our commitment to justice for our clients.
Essential Steps to Protect Your Rights
If you are a subcontractor who has been injured while working on railroad tasks, it’s crucial to ensure that your rights are protected. Here is a step-by-step guide:
Step 1: Seek Immediate Medical Attention
Prioritize your health and safety by getting medical attention as soon as possible after the injury. Ensure that all injuries are documented thoroughly by medical professionals, as this documentation will be vital for any future claims.
Step 2: Report the Injury
Inform your direct supervisor or employer about the injury immediately. Also, report the incident to the main railroad company if possible, as they are the primary contractor. Make sure to document when and whom you reported the injury to, and keep a copy of any written report you submit.
Step 3: Document the Incident and Your Injuries
Gather as much information as possible about the incident, including:
- The conditions that led to the injury.
- Names and contact information of witnesses.
- Photographs of the location and any equipment involved.
- Detailed notes on what happened before, during, and after the incident.
Step 4: Keep All Medical Records and Receipts
Maintain a file of all medical treatments, receipts, and correspondences related to your injury. This includes hospital visits, medications, rehabilitation, and any out-of-pocket expenses incurred due to the injury.
Step 5: Consult with a Railroad Injury Attorney
Contact a skilled New Haven, CT railroad injury lawyer who can offer unparalleled guidance, help you navigate the legal complexities, and represent your interests in negotiations or court. An attorney will also help in establishing negligence and linking it to your injury.
Step 6: File a Claim
Your attorney will help you prepare and file a claim under FELA. This includes gathering necessary evidence, drafting legal documents, and initiating the claim process. Timing is crucial, as FELA claims have a statute of limitations which typically is three years from the date of the injury.
Step 7: Prepare for Possible Litigation
While many FELA claims are settled out of court, some go to trial. Be prepared for this possibility by discussing the potential outcomes and strategies with your FELA lawyer.
Cahill & Perry, P.C. Attorneys at Law: The Best FELA Attorneys
Railroad workers facing injuries should not hesitate to seek legal support. With extensive experience in railroad injury law, FELA lawyers at Cahill & Perry, P.C. Attorneys at Law are equipped to handle your case with the dedication it deserves. Our track record in securing substantial settlements underscores our ability to tackle even the most challenging cases. For those in need of a Connecticut railroad injury lawyer, our doors are open. Reach out to us today and ensure your rights are fully protected.
