From Charlottesville, Virginia

Covering the state of Virginia, Wilson & Hajek, a personal injury law firm, is centrally located in Charlottesville, Virginia. Francis Hajek is an experienced Virginia personal injury attorney and lawyer who provides aggressive representation and personal service to his clients who have suffered injuries. Since 2007, he has been listed in Best Lawyers in America.

Friday, January 21, 2011

Railroad Injury Information


When injured on the railroad the employee’s proof of negligence under FELA is much different than the proximate cause standard that exists for most injury cases such as auto accident injuries.

The railroad industry currently is pursuing an all out effort to change the proof of fault standard for injured railroad workers. As most railroad workers know, there must be some fault (negligence) o the part of the railroad for the worker to recover for an on-the-job injury. The following comparison between the proof required under the FELA and the proof required of other accidental injuries outside the railroad, will demonstrate why the railroads are pushing for a change.

Federal Employers’ Liability Act (FELA). The liability of the railroad as to causation of injury to an employee is as follows:

A railroad is liable in damages to its employee for any injury that is caused, in whole or in part, by any negligence on its part.

Negligence Outside of the Railroad:
The injured person must prove that the other parties actions were the proximate cause of the injuries. This is a much harder test that proving the negligence was the cause “in whole or in part”.

Proximate Cause defined:

The defendant’s negligence must be the sole, efficient, producing cause of the injury.

Under FELA for railroaders they only have to prove that the railroad’s acts in whole or in part, or even in the slightest, caused injury. This is a test that is much more relaxed than proving a defendant’s acts were the sole cause of the injury, i.e., the proximate cause.

You have been furnished this information by our law firm, Wilson & Hajek, and we hope it helps you in understanding the difference between railroad injuries and other injuries away from the railroad, such as auto accidents. The railroad is working hard to eliminate and change the test “in whole or in part” for railroad workers. We are working hard to keep that wording in order to protect workers on the railroad. Please call or e-mail us if you have any questions.
This entry was created by Eddie Wilson

Francis P. Hajek
Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury and Accident Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

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