Every common carrier by railroad engaged in intrastate commerce shall be liable in damages to any of its employees suffering injury while employed by such carrier or, in the case of the death of any such employee, to his personal representative, for such injury or death, resulting in whole or in part from the wrongful act or neglect of any of its officers, agents, servants, or employees, or by reason of any defect, or insufficiency due to its neglect in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves or other equipment, except when such employee is injured while engaged in interstate commerce, and except when such employee is injured in the course of his regular employment and such regular employment does not expose such employee to the hazards incident to the maintenance, use and operation of such railroad. If the action be for the death of an employee, §§ 8.01-50 through 8.01-56 shall apply thereto.
§ 8.01-57.Liability of railroads for injury to certain employees.
Chapter 3. Actions · Article 6. Injuries to Railroad Employees · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-57 makes an intrastate railroad common carrier liable for an employee’s injury or death caused by the negligence of its officers or employees, or by defective equipment due to its own neglect, except for interstate-commerce employees or those whose regular work carries no railroad hazard, and it applies wrongful death procedures to fatal injuries.
Full Text of § 8.01-57
Plain-English Summary
Section 8.01-57 opens Article 6’s scheme of employee-protective rules for railroads operating within Virginia. A common carrier by railroad engaged in intrastate commerce is liable in damages to an employee injured on the job — or, if the employee dies, to the personal representative — when the injury or death results, in whole or in part, from the wrongful act or neglect of the carrier’s officers, agents, servants, or employees, or from a defect or insufficiency, due to the carrier’s own neglect, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
The liability has two carve-outs. It does not reach an employee injured while engaged in interstate commerce — that falls under federal law instead — and it does not reach an employee injured during regular employment that does not expose the employee to the hazards of maintaining, using, or operating the railroad.
Where the injury proves fatal, the statute folds the claim into Virginia’s wrongful death framework: §§ 8.01-50 through 8.01-56 apply to the action, meaning the same rules on who sues, what damages are available, how beneficiaries are determined, and how the claim may be compromised carry over to a railroad employee’s death.
Frequently Asked Questions
When is a Virginia railroad liable for an employee’s on-the-job injury?
When the injury results, in whole or in part, from the wrongful act or neglect of the railroad’s officers, agents, or employees, or from a defect or insufficiency in its equipment, track, or other property caused by the railroad’s own neglect.
Does this statute cover railroad employees working in interstate commerce?
No. Section 8.01-57 excludes employees injured while engaged in interstate commerce; that category is governed by federal law rather than this state statute.
Are all railroad employees covered, regardless of their job duties?
No. The statute also excludes an employee injured during regular employment that does not expose the employee to the hazards incident to maintaining, using, or operating the railroad — the job itself has to carry railroad-related risk.
What happens if the injury under this section results in the employee’s death?
The claim proceeds under Virginia’s wrongful death statutes, §§ 8.01-50 through 8.01-56, which govern who may sue, what damages are recoverable, how beneficiaries are identified, and how the claim may be settled.
What kinds of railroad defects can trigger liability under this section?
The statute lists defects or insufficiencies, due to the carrier’s neglect, in cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Amendment History
Code 1950, § 8-641; 1954, c. 614; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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