In the railroad industry, deadhead transportation is a way of life for many.  Today, the most common method of deadheading is a contract van company.  There are a wide variety of van companies that have contracted with the various railroads to provide transportation services to railroad workers.  This transportation of railroad workers has been deemed by courts to be the "operational activity" of the railroad and, therefore, within the scope of coverage of the Federal Employers' Liability Act (FELA) if an accident occurs on a deadhead trip.

If you work for the railroad in or around Illinois, you should be aware that under a recent Illinois court opinion, you cannot sue your railroad employer if you are fired due to getting hurt at work.  Although this was long believed to be true by most attorneys practicing in the railroad field, an Illinois appellate court has ruled that railroad workers cannot sue under the long-recognized Illinois tort of "retalitory discharge", a claim that can be brought if a worker in Illinois is terminated due to exercising his or her workers' compensation rights.