What happens and who may be responsible
Railroad workers regularly walk across ballast, climb on and off equipment, use ladders and steps, cross tracks, and work around changing surface conditions. A fall may occur due to a single hazard or a combination of conditions that make the work area unsafe.
Depending on the facts, responsibility may involve:
- Uneven or unstable walking surfaces
- Loose ballast or debris
- Ice, snow, mud, or standing water
- Poor lighting or visibility
- Defective steps, ladders, or handholds
- Unsafe access to locomotives or railcars
- Poorly maintained walkways
- Unmarked holes, drop-offs, or obstructions
Federal Railroad Administration (FRA) has noted that railroad yard workers are frequently exposed to lower-extremity hazards because of the amount of walking and stepping required around tracks and equipment.
How FELA applies here
A slip, trip, or fall does not automatically establish railroad negligence. The question is whether the railroad failed to provide a reasonably safe place to work or failed to correct a hazard that contributed to the injury.
That may require looking at inspection practices, maintenance records, prior complaints, lighting, housekeeping, weather response, walkway conditions, and whether the railroad knew or should have known about the hazard.
Safety bulletin
Hurt in a Slip, Trip, or Fall? Do this now.
1
Photograph the condition
Take photos of the surface, obstruction, equipment, lighting, or other condition that contributed to the fall before it changes.
2
Identify witnesses
Write down the names of coworkers or others who saw the incident or knew about the condition beforehand.
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 slip, trip, and fall cases
- Uneven ballast
- Debris in walking areas
- Ice and snow
- Mud or standing water
- Poor lighting
- Defective steps or ladders
- Missing or damaged handholds
- Unsafe locomotive access
- Poorly maintained walkways
- Unmarked obstructions
- Holes or drop-offs
- Cluttered work areas
Injuries from slips, trips, and falls
Falls can cause more than minor sprains. Depending on the height, surface, and circumstances, railroad workers may suffer:
- Back injuries
- Neck injuries
- Shoulder injuries
- Knee injuries
- Ankle and foot injuries
- Fractures
- Traumatic brain injuries
- Spinal injuries
- Hand and wrist injuries
- Hip injuries
What a slip, trip, or fall 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 slip, trip, or fall 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:
- Photos and video: Images can preserve the surface, obstruction, lighting, weather, or equipment condition before it changes.
- Inspection records: These may show whether the railroad inspected the area and identified prior problems.
- Maintenance records: Repair or cleanup records may help establish whether a known condition had been addressed.
- Prior complaints: Reports from workers or supervisors may show that the hazard existed before the injury.
- Weather and site conditions: Weather records and site information can help document ice, snow, rain, mud, or other temporary hazards.
- Witness statements: Coworkers can provide details about the condition, how long it existed, and whether it had caused problems before.