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QuestionCountry: United States of America
I am a railroad contractor and the machine that I was operating was hit by a train and I was injured. I want to know if this would be a felt claim or not?
AnswerReview details with an injury attorney but you may have to sue under normal personal injury rules if you were not an employee...depending how you were working exceptions do exist. What requirements must be established for a F.E.L.A. case? There are three basic requirements that an injured railroad worker must establish to recover damages under the Federal Employer's Liability Act: 1... The accident must have occurred in the course and scope of the worker's employment with the railroad. The Act does not require that the accident happen on railroad property, as long as the injury occurs in the furtherance of the worker's employment. 2. The railroad must be engaged in interstate commerce between two (2) or more states. As a result of several court decisions on this issue, almost all of the duties of railroad workers are interpreted as being in furtherance of interstate commerce, thus satisfying this requirement. 3.. The railroad must have caused or in some way contributed to the injuries sustained by the worker.