FELA Series

Deadheading and FELA

Many BLE members inquire about how the FELA applies to them when they are being deadheaded or otherwise transported in connection with their tour of duty.

A railroad's liability for injuries sustained by its employees within the scope of their employment extends to such injuries that occur while being transported at the carrier's behest.

However, since the FELA is a negligence statute, a railroad is liable to an employee who is injured while deadheading only when its negligence - or the negligence of the person or firm providing the transportation, who is the railroad's agent - contributes in whole or in part to the accident causing the injury.

In laymen's terms, the railroad is liable only if the operator of the deadhead vehicle bears some fault for causing the accident or defective transportation equipment is a contributing factor. Otherwise, the injured employee is limited in his or her recovery to what is available under the applicable automobile insurance laws and policies.

For this reason, BLE members who deadhead should protect themselves by purchasing sufficient underinsured and uninsured automobile coverage, so that they may recover from their own insurer if there is no negligence on the part of the railroad or the transporter, and the negligent party does not have any liability insurance, or has insufficient liability insurance coverage.

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© 2001 Brotherhood of Locomotive Engineers