Going to Court


Under the U.S. Federal Employers' Liability Act the railroad worker's claim may be brought in a State Court or a U.S. Federal Court, whichever better suits the workers convenience or purpose. The injured worker is entitled to have a trial by a jury. Moreover the employee may bring the claim in these courts in any city into which the railroad runs, or has branch lines, or even where the railroad has no tracks but does have any kind of an office, for the doing of any business.

The right of a worker to choose the place and court where he/she may bring the claim is an important right. It gives workers the chance to sue in courts located in the larger cities where usually court and jury awards are more adequate and reasonable than in rural communities. In addition, injured workers who are members of minority groups are more likely to receive a fairer hearing in the bigger cities.

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Published by Brotherhood Railway Carmen Division of TCU
Heartland Lodge 6760, Fort Wayne, Indiana, USA, August 16, 1996
Revised August 29, 2012