What happens and who may be responsible
Maintenance-of-way work can include inspecting, repairing, and replacing track, ties, ballast, bridges, switches, and other railroad infrastructure. Roadway workers may also operate or work around specialized maintenance machines and hi-rail vehicles.
Depending on the facts, responsibility may involve:
- Inadequate on-track protection
- Roadway maintenance machine hazards
- Unsafe hi-rail vehicle operations
- Poor communication between workers and machine operators
- Improper machine spacing
- Defective or poorly maintained equipment
- Inadequate training
- Unsafe work methods
Federal Railroad Administration’s (FRA) Roadway Worker Protection rules require railroads to maintain on-track safety programs for roadway workers and establish specific protections for employees working around trains, track, and roadway maintenance machinery.
How FELA applies here
A maintenance-of-way injury does not automatically establish railroad negligence. The issue is whether the railroad failed to provide a reasonably safe place to work, safe equipment, adequate training, appropriate on-track protection, or other safeguards required for the assignment.
The investigation may look at the work plan, job briefing, track authority, machine condition, crew communications, training, inspection records, and whether applicable roadway-worker safety procedures were followed.
Federal regulations also require specific safety procedures for employees operating or working near roadway maintenance machines, including training, communication, machine spacing, and safe working distances.
Safety bulletin
Injured During Maintenance-of-Way Work? Do this now.
1
Document the work area and equipment
Record the track location, machinery, hi-rail vehicles, tools, and conditions involved in the incident.
2
Identify crew members and witnesses
Write down the names of coworkers, supervisors, machine operators, and others who witnessed the event or job briefing.
3
Talk to a FELA lawyer before signing important documents
Statements, releases, authorizations, or other paperwork may affect your rights after a serious railroad injury.
Common issues in maintenance-of-way cases
- Inadequate on-track protection
- Roadway maintenance machine collisions
- Hi-rail vehicle incidents
- Unsafe machine spacing
- Poor crew communication
- Defective machinery
- Improperly maintained tools
- Track and ballast hazards
- Unsafe lifting or material handling
- Inadequate staffing
- Insufficient training
- Failure to follow roadway-worker safety procedures
Injuries from maintenance-of-way work
Maintenance-of-way incidents can cause serious injuries, including:
- Back and neck injuries
- Shoulder injuries
- Knee injuries
- Crush injuries
- Fractures
- Hand and foot injuries
- Traumatic brain injuries
- Spinal injuries
- Amputations
- Fatal injuries
What a maintenance-of-way injury case may be worth
The value of a FELA claim depends on the severity of the injury, medical treatment, ability to return to railroad work, lost earnings, future limitations, and the evidence showing railroad negligence.
There is no standard value for a maintenance-of-way claim. Serious cases should be evaluated based on the worker’s actual medical, employment, and liability evidence.
Evidence that may matter
Important evidence can include:
- Job briefings and work plans: These may show how the assignment was expected to be performed and what safety protections were discussed.
- On-track authority records: Track warrants, working limits, or other authority records may help establish what protection was in place.
- Roadway maintenance machine records: Inspection, maintenance, and repair documents may identify prior problems or unsafe equipment conditions.
- Training and qualification records: These may show whether workers and machine operators received required instruction for the work involved.
- Radio and crew communications: Communications can help reconstruct instructions, warnings, machine movements, and coordination between employees.
- Photos and video: Images can preserve track conditions, machinery, ballast, work areas, and other hazards before conditions change.
FRA requires employers to inspect roadway maintenance machines for compliance and address certain non-complying conditions before or during continued use.