Railway company office workers can indeed file a FELA claim if they meet the necessary criteria and can demonstrate that their injury was work-related and caused by the employer's negligence.
Eligibility Criteria for FELA
Employment by Railroad
The injured party must be an employee of a railroad company engaged in interstate commerce.
Job-Related Injury
The injury must have occurred while the employee was performing job-related duties.
Negligence
The injury must have been caused, at least partially, by the negligence of the railroad company, its agents, or its employees.
The injured party must be an employee of a railroad company engaged in interstate commerce.
Job-Related Injury
The injury must have occurred while the employee was performing job-related duties.
Negligence
The injury must have been caused, at least partially, by the negligence of the railroad company, its agents, or its employees.
Office Workers & FELA Claims
The eligibility of railway company office workers to file a FELA claim depends on several factors, primarily the nature of their employment and the circumstances of the injury.
Nature of Employment
Office workers who are employed by a railroad company and whose work is directly related to the railroad's operations may be eligible for FELA coverage. This includes roles such as dispatchers, clerks, and administrative staff whose duties are essential to the functioning of the railroad.
Circumstances of the Injury
To file a FELA claim, an office worker must prove that their injury was related to their employment and was caused by the railroad's negligence. For instance, if an office worker slips and falls due to a poorly maintained office space or is injured by faulty equipment provided by the employer, they may have grounds for a FELA claim.
Legal Precedents
The U.S. Department of Labor explains that FELA covers "all railroad workers who are injured while employed by a railroad engaged in interstate commerce." This broad definition includes various roles within the railroad company, not limited to those working directly on the tracks.
Legal precedents further support the inclusion of certain office workers under FELA. Courts have ruled in favor of office workers in cases where their roles were deemed integral to the railroad's operations. For example, dispatchers who coordinate train movements or clerks managing critical logistics operations have successfully filed FELA claims.
Consider the case of a railroad dispatcher who suffered repetitive strain injuries due to inadequate ergonomic setups in their office environment. The dispatcher successfully filed a FELA claim, demonstrating that their injuries were work-related and resulted from the railroad's failure to provide a safe working environment.
In another case, an administrative assistant injured by a falling cabinet at a railway company's headquarters was able to secure compensation under FELA.
Nature of Employment
Office workers who are employed by a railroad company and whose work is directly related to the railroad's operations may be eligible for FELA coverage. This includes roles such as dispatchers, clerks, and administrative staff whose duties are essential to the functioning of the railroad.
Circumstances of the Injury
To file a FELA claim, an office worker must prove that their injury was related to their employment and was caused by the railroad's negligence. For instance, if an office worker slips and falls due to a poorly maintained office space or is injured by faulty equipment provided by the employer, they may have grounds for a FELA claim.
Legal Precedents
The U.S. Department of Labor explains that FELA covers "all railroad workers who are injured while employed by a railroad engaged in interstate commerce." This broad definition includes various roles within the railroad company, not limited to those working directly on the tracks.
Legal precedents further support the inclusion of certain office workers under FELA. Courts have ruled in favor of office workers in cases where their roles were deemed integral to the railroad's operations. For example, dispatchers who coordinate train movements or clerks managing critical logistics operations have successfully filed FELA claims.
Consider the case of a railroad dispatcher who suffered repetitive strain injuries due to inadequate ergonomic setups in their office environment. The dispatcher successfully filed a FELA claim, demonstrating that their injuries were work-related and resulted from the railroad's failure to provide a safe working environment.
In another case, an administrative assistant injured by a falling cabinet at a railway company's headquarters was able to secure compensation under FELA.
Steps to Take if You Are an Injured Railway Office Worker
1) Report the Injury
Immediately report the injury to your supervisor and ensure that an official incident report is filed. This documentation will be crucial for your claim.
2) Seek Medical Attention
Get medical treatment for your injuries as soon as possible, and keep detailed records of all medical visits, diagnoses, and treatments. Medical documentation is vital in proving the extent of your injuries.
3) Contact a FELA Attorney
Contrary to what some say, the railroad cannot fire you if you hire an attorney. You are entitled to your own representation, just like they are entitled to corporate representation. An FELA attorney will investigate your unique case, gather evidence, negotiate with the railroad and their lawyers, and bring your case to trial if necessary in order to produce fair compensation that covers all of your immediate and future injuries and damages.
Immediately report the injury to your supervisor and ensure that an official incident report is filed. This documentation will be crucial for your claim.
2) Seek Medical Attention
Get medical treatment for your injuries as soon as possible, and keep detailed records of all medical visits, diagnoses, and treatments. Medical documentation is vital in proving the extent of your injuries.
3) Contact a FELA Attorney
Contrary to what some say, the railroad cannot fire you if you hire an attorney. You are entitled to your own representation, just like they are entitled to corporate representation. An FELA attorney will investigate your unique case, gather evidence, negotiate with the railroad and their lawyers, and bring your case to trial if necessary in order to produce fair compensation that covers all of your immediate and future injuries and damages.
Whether your work in the office or out in the field, if you've been injured on the job, call Wilkes & Mee. Our Florida FELA attorneys will aggressively represent you and protect your rights.