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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>75353</law_id><section_number>56-441</section_number><catch_line>Liability for injury to employee</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>65.2-101</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="1" identifier="13">Railroad Corporations</unit><unit label="article" level="3" order_by="1" identifier="9">Liability to Employees</unit></structure><text>
						<section><p>Every <span class="dictionary">corporation</span> operating a <span class="dictionary">railroad</span> in this Commonwealth, whether such <span class="dictionary">corporation</span> be created under the <span class="dictionary">laws</span> of this Commonwealth or otherwise, shall be liable in <span class="dictionary">damages</span> for any and all injury sustained by any employee of such <span class="dictionary">corporation</span> under the following circumstances:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> When such injury results from the wrongful act, neglect or <span class="dictionary">default</span> of an agent or officer of such <span class="dictionary">corporation</span> superior to the employee injured, or of a <span class="dictionary">person</span> employed by such <span class="dictionary">corporation</span> having the right to control or direct the services of such employee injured, or the services of the employee by whom he is injured; and <a id="paragraph-270498" class="section-permalink" href="https://vacode.org/56-441/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> When such injury results from the wrongful act, neglect or <span class="dictionary">default</span> of a coemployee engaged in another department of labor from that of the employee injured or of a coemployee (notwithstanding the <span class="dictionary">fact</span> that the <span class="dictionary">party</span> injured had the right to direct the services of the coemployee) in the performance of any duty on or about the same or another train of cars, or on or about an engine, or of a coemployee who has charge of any switch, signal point or locomotive engine, or who is charged with dispatching trains or transmitting telegraphic or telephonic <span class="dictionary">orders</span>.
			When it shall appear in the <span class="dictionary">evidence</span> at the <span class="dictionary">trial</span> of any action for <span class="dictionary">damages</span> that the accident occurred while the employee was working on an engine or on a car standing upon a track it shall be no defense to such action for the <span class="dictionary">defendant</span> <span class="dictionary">railroad</span> to show that such engine or car was guarded by a derailer or a blue flag or in any other manner. Knowledge by any employee injured of the defective or unsafe character or condition of any machinery, ways, appliances or structures of such <span class="dictionary">corporation</span> shall not of itself be a bar to recovery for any injury or death caused thereby.
			When death, whether instantaneous or otherwise, results from any injury to any employee of such <span class="dictionary">corporation</span> received as aforesaid, the personal representatives of such employee shall have a right of action therefor against such <span class="dictionary">corporation</span> and may recover <span class="dictionary">damages</span> in respect thereof.
			Any <span class="dictionary">contract</span> or agreement, express or implied, made by any such employee to <span class="dictionary">waive</span> the benefit of this section or any part thereof shall be null and void, and this section shall not be construed to deprive any such employee or his personal representative of any right or remedy to which he is now entitled under the <span class="dictionary">laws</span> of this Commonwealth.
			The provisions of this section shall always be so restricted in their application as not to conflict with any of the provisions of the Constitution or <span class="dictionary">laws</span> of the United States and as if necessary limitation upon their interpretation had been herein expressed in each case. <a id="paragraph-270499" class="section-permalink" href="https://vacode.org/56-441/#2"><i class="fa fa-link"/></a></p></section></text><history>1926, p. 853; Michie Code 1942, &#xA7; 4019a.</history><metadata></metadata></law>
