A Complete Guide to FELA Lawsuits for Injured Railroad Workers

The Federal Employers Liability Act (FELA) is a critical federal law enacted in 1908 to protect railroad employees who suffer injuries or develop illnesses due to their work.

Before FELA, injured railroad workers had few options for recovery, and employers could avoid liability by blaming co-workers or arguing that the worker assumed the risk.

FELA was introduced in response to the dangerous nature of railroad work and the increasing rate of on-the-job injury and death, particularly during the explosive growth of the railroad industry in the late 19th and early 20th centuries.

The law allows injured railroaders—or, in cases of death, their family members—to sue their railroad employer directly for compensation in either state or federal court.

FELA applies specifically to common carriers by railroad that engage in interstate commerce, making it a federal remedy for employees of railroad companies operating across state lines.

Unlike traditional workers’ compensation systems, FELA is fault-based, meaning the injured employee must show that the railroad employer was negligent in some way.

This could include a failure to follow safety regulations, inadequate training, unsafe equipment, or lack of maintenance.

Even if the worker was partially at fault, they may still recover damages under FELA, with the award reduced in proportion to their share of the blame.

The statutory phrase from 45 U.S.C. §51 states that:

“Under FELA, a railroad employer is liable if the injury resulted ‘in whole or in part’ from the employer’s negligence—meaning even minimal fault can establish the right to compensation.”

FELA does not require that the injury occur in a single accident; it also applies to cumulative trauma and occupational diseases caused by long-term exposure to dangerous conditions.

Claims under FELA can be made for a wide variety of railroad injuries and illnesses, including those that are not immediately obvious but worsen as time passes.

Common types of qualifying incidents and conditions include:

• Traumatic injuries from a railroad accident or sudden equipment failure
• Repetitive stress injuries from prolonged use of heavy tools or improper ergonomics
• Hearing loss due to high noise levels and lack of ear protection
• Respiratory diseases from prolonged exposure to diesel exhaust or silica dust
• Cancers and chronic illnesses related to exposure to asbestos, benzene, or other toxic substances
• Slip and fall injuries caused by unsafe work environments
• Back, neck, and spine injuries from heavy lifting or inadequate support
• Fatal accidents, for which families may bring a wrongful death claim

What Does it Take to Pursue a FELA Claim?

Pursuing a FELA claim involves several key steps.

The injured worker—or their legal representative/designated legal counsel—must document the injury, gather testimony from co-workers and witnesses, compile evidence of the railroad’s negligence, and file the claim within the three-year statute of limitations.

Medical records, accident reports, and expert opinions all play a crucial role in proving the case.

Unlike workers’ compensation, which typically pays only a portion of medical bills or lost wages, a successful FELA claim can recover full compensation for lost earnings, medical expenses, pain and suffering, and loss of quality of life.

In the event of a fatal injury, family members may recover for the economic and emotional losses resulting from the death.

The whole process can be time-intensive and legally complex, making experienced legal counsel essential.

Many injured railroaders feel overwhelmed or pressured to settle for less, especially when claim agents act quickly after a railroad accident.

At Gianaris Trial Lawyers, we help clients fight for what is fair, not just what is offered.

Our team builds strong cases that reflect the true cost of an injury—not all these costs are visible on a medical bill.

FELA continues to serve as a vital tool to protect the rights of those who keep the nation’s railways running.

Pursuing a claim under the Federal Employers Liability Act (FELA) can be a complex process, but understanding each step can help injured railroad workers and their families feel more confident as they seek justice.

As we’ve established, FELA is unlike traditional workers’ compensation.

FELA requires that the injured railroader prove the railroad company was negligent or failed to provide a safe working environment.

FELA is the exclusive remedy for injured railroad workers in interstate commerce, preempting state workers’ compensation laws while requiring proof of employer fault.

This is why working with a professional legal team with extensive experience in railroad injury cases is so important.

An experienced FELA attorney, like those at Gianaris Trial Lawyers, can help you gather evidence, understand your rights, and fight for the full and fair compensation you’re entitled to.

After a railroad injury, it’s critical to act quickly.

Time is limited, and waiting too long may jeopardize your ability to recover damages.

Every part of the legal process—from documentation to trial—requires strategy, preparation, and legal knowledge.

Here’s a breakdown of the key steps involved in a FELA claim:

1. Seek Immediate Medical Attention – After an injury, your health and safety are the top priority. Make sure you get treated and that all details of the injury are documented.
2. Report the Injury to Your Employer – Notify your railroad employer of the incident as soon as possible. Do not give a recorded statement without consulting your legal team.
3. Consult with an Experienced FELA Attorney – A lawyer with extensive experience in FELA claims will evaluate your case, advise you of your rights, and begin building your claim.
4. Investigation and Evidence Gathering – Your attorney will gather crucial documentation, including medical records, witness statements, employment records, and photographs of the accident scene.
5. Determine Liability and Damages – With your legal team, you’ll identify what safety violations or negligent acts contributed to your injury and calculate your damages.
6. File the Claim – Your attorney will file your FELA claim in state or federal court, depending on your circumstances and legal strategy.
7. Negotiate a Settlement – Before trial, your lawyer may negotiate with the railroad company to reach a fair compensation amount without going to court.
8. Proceed to Trial (If Necessary) – If a settlement can’t be reached, your case will go to trial where your attorney will present the evidence and argue for the compensation you deserve.
9. Verdict and Award – A judge or jury will issue a decision. If successful, you’ll be awarded damages for medical expenses, lost wages, pain and suffering, and more.
10. Appeals and Post-Trial Motions (If Applicable) – In some cases, either party may challenge the decision, which can extend the legal process.

FELA provides the right to a jury trial, giving injured railroaders a powerful tool to seek justice rather than relying solely on administrative procedures.

Throughout this process, having a professional legal team ensures that your rights are protected and your case is handled with care.

FELA claims often involve going up against powerful railroad companies, which is why an experienced lawyer can make the difference between a denied claim and a successful recovery.

At Gianaris Trial Lawyers, we have extensive experience helping injured railroad workers fight for justice.

We approach each case with compassion, precision, and a tireless commitment to our clients.

What Should I Do If a Railroad Claim Agent Contacts Me?

If a railroad claim agent contacts you after an injury, it’s important to proceed with caution. Claim agents work for the railroad company—not for you—and their goal is often to minimize the company’s financial responsibility.

Do not provide any written or recorded statements, sign documents, or discuss your injuries in detail without first speaking to a qualified FELA attorney.

Anything you say can be used to weaken or deny your claim.

Instead, politely inform the agent that your legal counsel will handle all communications moving forward.

Hiring an experienced FELA lawyer protects your rights and helps you avoid costly mistakes early in the process.

Evidence to Gather for Your FELA Claim

Building a strong FELA claim requires detailed, reliable evidence that shows how your injury occurred and how it impacted your life.

While injured railroad workers may not be able to gather every piece of evidence themselves—especially during recovery—our legal team will step in to conduct a full investigation and collect the documentation needed to prove negligence and damages.

We pursue every available source of proof to present the most compelling case possible and seek the maximum compensation under the law.

Relevant evidence for a FELA claim may include:

• Accident reports – Official documentation filed with your railroad employer after the incident.
• Medical records – Diagnosis, treatment plans, and documentation of the physical effects of the injury.
• Witness statements – Testimony from co-workers or others who observed the accident or unsafe working conditions.
• Employment and work history records – Documents showing your job duties, assignments, and potential exposure to hazardous conditions.
• Photographs or videos – Visual documentation of the accident scene, faulty equipment, or unsafe environment.
• Maintenance logs – Records that may show failures to inspect or repair defective tools, vehicles, or machinery.
• Training and safety compliance records – Evidence of inadequate safety procedures or failure to train workers properly.
• Correspondence with the railroad company or claim agents – Letters, emails, or calls that may show the company’s response after the incident.
• Contact information and telephone numbers – Details for witnesses, supervisors, and medical providers who may offer statements or records relevant to the claim.

Gathering and organizing this evidence is one of the most important steps in pursuing justice under the Federal Employers Liability Act.

Let our experienced legal team handle the investigative burden while you focus on recovery.

When a railroad worker is injured due to employer negligence, the Federal Employers Liability Act (FELA) provides a path to pursue full and fair compensation.

Unlike state workers’ compensation, FELA allows recovery for non-economic harms such as pain and suffering, loss of enjoyment of life, and emotional distress, in addition to tangible economic losses.

These damages are meant to reflect the true impact of the injury on the worker’s life—financially, physically, and emotionally.

Common categories of damages available in FELA claims include:

• Lost earnings and reduced earning capacity – Income lost while recovering and future wages the injured worker can no longer earn due to disability.
• Medical expenses – Costs for past, present, and future medical care related to the injury or illness.
• Pain and suffering – Physical discomfort and chronic pain caused by the injury.
• Loss of enjoyment of life – Inability to participate in meaningful or previously routine activities due to injury.
• Emotional distress – Mental anguish, anxiety, and trauma stemming from the injury and its consequences.
• Wrongful death damages – In fatal cases, surviving family members may recover for loss of companionship, funeral costs, and the economic contributions of the deceased.

FELA claims are designed to hold negligent railroad employers accountable and to help injured employees reclaim the stability and support they’ve lost.

At Gianaris Trial Lawyers, we are proud to represent the men and women who keep America’s rail system running—and to fight for justice when their work leads to injury, illness, or loss.

Our client testimonials speak for themselves: we take the time to understand each case, build compelling legal arguments, and pursue maximum compensation for every injured railroad worker and their family.

Whether you’ve suffered from a sudden on-the-job injury or a diagnosis linked to long-term exposure, our team is here to guide you through every step of the legal process with professionalism, compassion, and relentless dedication.

If you or a loved one has been hurt while working for the railroad, don’t wait—contact Gianaris Trial Lawyers today to schedule a free consultation and begin your fight for justice.

Contact us today for a free case evaluation or use the chat feature on this page to find out if you qualify for a FELA claim instantly.

Refer to our website and YouTube channel for blogs, articles, and our latest videos on the legal process for FELA claims.