Fall 2002
Volume 109 - No. 3

FELA Series

Scope of employment important to FELA claims

In order to recover damages under the Federal Employees Liability Act, employees must show that at the time of the accident, they were acting in the "scope of their employment." Of course, when members are injured while working at their regular job, there is no question that they are covered.

It is important to realize there are many instances in which employees who have been injured are covered by the FELA even though their activities at the time were not directly related to their usual job duties. This can occur, for example, when members are on railroad property going to and from their train, or when they are having lunch or on a rest period.

Employees can also be within the scope of their employment when they voluntarily undertake a task which is not part of their regular job. In one case, an engineer was injured while replacing a bulb in the engine's head lamp. It was not part of his job and he undertook it voluntarily, but since the company was benefiting from his activity, he was within the scope of his employment.

Whether employees are within the scope of their employment depends on whether or not the railroad stands to benefit, either directly or indirectly, from such activity.

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© 2002 Brotherhood of Locomotive Engineers