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What is the Federal Employers Liability Act (FELA)?

The Federal Employers Liability Act (FELA) is a comprehensive statute directed at protecting rights of injured railroad workers. Congress passed the law in 1908 to combat elevated accident rates in the rail industry and to promote uniform rules regarding railroad equipment and practices.

An Overview of the Federal Employers Liability Act for Injured Railroad Workers

Understanding the Federal Employers Liability Act (FELA) is essential for anyone working in the railroad industry.

This pivotal law outlines the rights of injured railroad workers and the responsibilities of railroad employers when accidents occur.

Gianaris Trial Lawyers actively represents injured railroad workers and their families in FELA claims alleging serious injuries, occupational diseases, and wrongful death.

FELA Lawyer Ted Gianaris; Employer Negligence; Asbestos Related Lung Disease; Secondhand Smoke_ An Overlooked Risk Factor

Injured Railroad Employees Can Seek Justice and Financial Compensation Under FELA

The Federal Employers Liability Act (FELA) is a landmark federal law enacted in 1908 to provide legal recourse for injured railroad employees.

Unlike standard workers compensation systems, which offer no-fault benefits, FELA is a fault-based statute that requires a person suffering injury to prove negligence on the part of their railroad employer.

FELA applies exclusively to the railroad industry, covering nearly every railroad worker engaged in interstate commerce within the United States.

FELA was created in response to the dangerous working conditions that defined early 20th-century railroads: conditions that led to high rates of injury and death with little accountability or protection for workers.

Under FELA, injured employees can file FELA claims in either state or federal court, seeking damages for medical expenses, lost wages, pain and suffering, and other economic or personal losses.

To succeed, the injured worker must show that the employer’s negligence (even in the slightest) contributed to their injury or illness.

This may involve unsafe working conditions, inadequate training, defective equipment, or the failure to enforce safety regulations.

While FELA claims are more complex than traditional workers compensation cases, they often allow for broader recovery and access to a jury trial.

Over a century after its enactment, the Federal Employers Liability Act remains the principal legal framework for addressing workplace injuries in the railroad sector.

Injured railroad workers seeking to understand their rights under FELA may file a claim in state or federal court, provided they can establish negligence by their railroad employer.

Contact Gianaris Trial Lawyers’ team of FELA Lawyers to find out if you qualify for a FELA claim.

History and Purpose of the Federal Employers Liability Act (FELA)

The Federal Employers Liability Act (FELA) was enacted by Congress in 1908 as a safety statute designed to protect workers in the rapidly expanding railroad industry, which at the time was one of the most dangerous professions in the United States.

Prior to FELA, railroad companies operated under common law principles that made it extremely difficult for injured workers (or their surviving family members) to obtain compensation.

Doctrines like contributory negligence, assumption of risk, and the fellow servant rule often barred recovery entirely, even in cases of severe or fatal injuries.

The passage of FELA marked a significant shift in labor policy by establishing a federal standard for legal claims related to a worker’s injury or death resulting from railroad employment.

FELA is unique among labor protection laws in that it does not function as a no-fault system like traditional workers’ compensation statutes.

Instead, FELA requires the injured worker (or their kin dependent upon a deceased worker) to prove that their injury was caused, at least in part, by negligence attributable to the railroad employer.

This includes negligent acts or omissions such as failing to provide a safe working environment, improper maintenance of equipment, lack of training, or violations of safety regulations.

Importantly, the required threshold of proof is lower than in most tort cases, a principle sometimes referred to as “featherweight” causation.

This means that if a railroad employer’s negligence played any role, however small, in causing the injury, liability may attach under FELA.

FELA applies only to railroad employees engaged in such commerce as defined by federal jurisdiction.

Typically interstate transportation or work substantially related to it.

The law authorizes both injured on the job workers and surviving dependents to file lawsuits in either state or federal court.

Successful FELA cases may result in compensation for a wide range of losses, including medical costs, lost wages, pain and suffering, and diminished earning capacity.

However, not all these costs are guaranteed: plaintiffs must present clear evidence (such as medical records and accident reports) that links their injury to the employer’s negligence.

The statute also permits railroad employers to raise defenses, such as comparative fault, although full bars to recovery based on contributory negligence were eliminated with FELA’s passage.

In sum, the purpose of FELA was to balance the need for industrial productivity with the rights and safety of railroad workers, establishing a durable legal framework that remains in place over a century later.

Who Is Covered Under FELA?

The Federal Employers Liability Act (FELA) applies specifically to railroad employees who are employed by common carriers engaged in interstate commerce.

In other words, FELA covers workers whose duties are connected to the operation, construction, or maintenance of railroads that transport goods or passengers across several states or contribute materially to interstate rail operations.

To bring a claim under FELA, the worker must have been injured while performing tasks that further the business of such carrier in the course of their employment.

FELA does not apply to general industrial workers, independent contractors, or employees of rail-adjacent businesses (such as trucking companies or equipment suppliers), unless those entities meet the narrow definition of a common carrier under the Act.

Courts have consistently held that common carriers under FELA must operate in the transportation of goods or passengers for the general public on railroad use track systems.

Importantly, FELA covers not only the injured worker, but also allows a personal representative (typically a spouse or dependent family member) to bring a lawsuit in cases involving death caused by a workplace accident or long-term toxic exposure.

The law recognizes the right of dependents to seek damages when a fatality is attributable to employer negligence.

Covered job roles include a wide variety of operational and support functions within the railroad industry.

These positions span both fieldwork and administrative responsibilities, so long as the duties relate to the mission of a common carrier engaged in interstate commerce.

Workers commonly covered under FELA include:

  • Conductors and brakemen: Responsible for the operation and coordination of train movements
  • Locomotive engineers and firemen: Operate trains and manage the engines on both freight and passenger lines
  • Track maintenance workers (maintenance-of-way): Repair and inspect rails, ties, ballast, and signaling systems
  • Machinists and electricians: Repair locomotives, rail cars, and electrical systems in yards and shops
  • Signal maintainers: Install and repair trackside signal systems to ensure train routing and safety
  • Car inspectors and carmen: Maintain, inspect, and repair freight and passenger cars
  • Yardmasters and switch operators: Manage train assembly, routing, and switching in rail yards
  • Telecommunication technicians: Install and service communication systems used in railroad operations
  • Train dispatchers: Oversee and direct train movements, often from centralized control centers
  • Bridge and building workers: Maintain structures used in rail operations such as trestles, stations, and storage facilities
  • Utility employees: Perform multiple support tasks, including cleaning, fueling, and preparing trains for service
  • Clerical staff: If employed directly by the carrier and engaged in support of transportation activities

While FELA’s coverage is broad within the context of rail employment, it does not extend to non-railroad workers, purely intrastate operations, or situations in which the carrier is not involved in public transport across state lines.

Establishing employment with such carrier, and showing that the duties performed were in service of interstate commerce, are foundational elements in any FELA claim.

Legal Principles and Requirements Under FELA

Unlike workers compensation systems, the Federal Employers Liability Act (FELA) is a federal law that relies on fault-based litigation.

For a railroad worker to recover damages under FELA, they must demonstrate that their accident, illness, or physical disability was caused in whole or in part by the negligence of their employer.

This could involve unsafe working conditions, failure to provide adequate training or safety gear, exposure to harmful substances like diesel exhaust, or the improper maintenance of tracks, tools, or other equipment.

The burden of proof in FELA cases is unique in that it only requires the injured worker to show that the railroad’s negligence played some role (no matter how slight) in causing such injury.

This standard of causation, often referred to as “featherweight evidence,” makes FELA distinct from common law tort claims and sets it apart from workers compensation, which generally bars lawsuits against the employer in exchange for no-fault benefits.

Under FELA, injured workers retain the right to trial by jury and can pursue full compensation for both economic and non-economic damages.

Proving Negligence and Establishing Liability in FELA Claims

To prevail in a FELA claim, the plaintiff must present evidence that the railroad employer breached a duty of care owed to the employee.

This may include failing to comply with safety statutes, neglecting to inspect or maintain equipment, or assigning the worker to a job they were not trained for.

Employers are also responsible for ensuring that work environments are reasonably safe and free from foreseeable hazards.

In some cases, a union representative may help document safety complaints or policy violations that support a negligence finding.

Even if the worker is partially at fault, FELA still allows recovery under a comparative negligence framework.

A jury may reduce the damages in proportion to the worker’s share of the fault, but recovery is not barred completely, as it would be in certain states under contributory negligence doctrines.

Available Damages and Recoverable Losses Under FELA

FELA permits a broader range of damages than traditional workers compensation systems.

If liability is established, plaintiffs may recover both economic and non-economic losses, which could include:

  • Medical expenses (past and future) related to the injury or illness
  • Lost wages and loss of earning capacity, including limitations caused by permanent disability
  • Pain and suffering, both physical and emotional
  • Loss of enjoyment of life resulting from long-term disability or occupational disease
  • Future fringe benefits such as pension contributions, healthcare coverage, or retirement losses
  • Wrongful death damages, which may be sought by surviving spouses, children, or—if unmarried—the employee’s parents

Legal Support and Strategic Considerations for Injured Workers

Because FELA claims involve complex questions of federal law, evidentiary standards, and employer liability, it is critical for the injured worker to retain an experienced FELA attorney.

These cases often require expert testimony, detailed analysis of job duties, and documentation of unsafe practices or chemical exposure (e.g., diesel exhaust exposure in rail yards or maintenance shops).

In many cases, employers will contest the claim aggressively, denying negligence or attempting to shift fault to the worker.

Early consultation with legal counsel can help preserve critical evidence and make sure the injured party understands their rights under FELA.

Unlike administrative compensation systems, FELA litigation occurs in civil courts (either state or federal) and carries the procedural complexity of a traditional personal injury case.

However, for workers who can establish liability, FELA provides one of the most powerful tools available for achieving full compensation under the law.

FELA Statute of Limitations

Under the Federal Employers Liability Act (FELA), injured railroad workers (or the families of deceased workers) must file their claims within three years from the date of the injury or the date the injury was discovered (or reasonably should have been discovered).

This timeframe applies to both physical injuries from accidents and occupational illnesses caused by long-term exposure to hazardous conditions, such as diesel exhaust or asbestos.

Missing the statute of limitations deadline may permanently bar a worker or family from recovering compensation.

Because FELA claims involve complex medical histories and workplace conditions, it’s important to consult a qualified attorney as soon as you suspect a work-related illness or injury may be tied to your job in the railroad industry.

Common Injuries and Illnesses in FELA Cases

Railroad workers operate in some of the most hazardous conditions in American industry.

From dangerous track environments to heavy machinery and toxic exposures, these jobs carry a high risk of both acute injuries and chronic health conditions.

Under the Federal Employers Liability Act (FELA), workers who suffer harm due to employer negligence (whether it results from an unsafe worksite, lack of proper safety protocols, or long-term exposure to toxic materials) may have the right to pursue compensation.

The injuries covered by FELA are not limited to visible trauma.

They also include long-developing diseases caused by unsafe work conditions, exposure to diesel exhaust, and improper handling of hazardous materials.

While some injuries result from a single accident, others manifest after years of exposure or repetitive physical stress.

Both physical injuries and occupational illnesses are legally actionable under FELA if the harm can be linked to the railroad employer’s negligence.

Physical Injuries Common in FELA Claims

Railroad work often involves physically demanding labor, dangerous machinery, moving trains, and unpredictable environmental hazards.

Even with proper safety procedures, the job remains high-risk. Without adequate protections, accidents can cause serious harm.

Examples of physical injuries seen in FELA cases include:

  • Traumatic brain injuries (TBI): Caused by falls, equipment failures, or being struck by heavy objects.
  • Spinal cord injuries and back trauma: Often result from derailments, lifting injuries, or collisions.
  • Fractures and broken bones: Common in slip and fall incidents, falls from heights, or being crushed by rail cars.
  • Amputations and crush injuries: Typically occur during coupling/uncoupling operations or maintenance accidents.
  • Burns and electrical injuries: May result from contact with live wires, engine malfunctions, or hazardous spills.
  • Lacerations and disfigurement: From mechanical tools, debris, or workplace explosions.
  • Soft tissue and musculoskeletal injuries: Including sprains, herniated discs, and tendon damage from overexertion.

Occupational Illnesses Linked to Railroad Work

Not all harm is immediate.

Many FELA cases involve workers who develop serious diseases after years of occupational exposure.

Prolonged contact with toxic substances (such as asbestos, benzene, solvents, and diesel exhaust) has been linked to debilitating and often fatal illnesses.

These cases are complex and require substantial evidence to connect the illness to the worker’s railroad employment.

Examples of occupational diseases covered by FELA include:

  • Lung cancer: Frequently linked to diesel exhaust, silica, and asbestos exposure in rail yards and maintenance shops.
  • Mesothelioma: A rare but aggressive cancer caused by asbestos exposure, common in older locomotives and insulation materials.
  • Chronic obstructive pulmonary disease (COPD): Caused by repeated inhalation of toxic fumes and airborne irritants.
  • Bladder cancer and kidney cancer: Associated with benzene exposure, solvents, and cleaning agents used in railroad maintenance.
  • Leukemia and other blood cancers: Strongly tied to benzene exposure from fuel and degreasers.
  • Hearing loss: A result of long-term exposure to loud engine noise without sufficient ear protection.
  • Neurological disorders: Including memory loss, tremors, and cognitive decline tied to solvent and heavy metal exposure.
  • Asbestosis: A debilitating lung disease caused by chronic asbestos inhalation.
  • Occupational asthma and respiratory disease: Triggered or worsened by exposure to airborne particles in confined rail spaces.

Gianaris Trial Lawyers: Advocating for Injured Railroad Workers Under FELA

Understanding the Federal Employers Liability Act (FELA) is essential for any railroad worker who has suffered injury, illness, or long-term harm due to employer negligence.

Unlike standard workers compensation systems, FELA offers a more powerful legal pathway.

One that holds railroad companies accountable when they fail to provide a safe working environment.

But with that power comes complexity: FELA claims require a deep understanding of federal law, strong evidence, and the ability to clearly prove negligence.

At Gianaris Trial Lawyers, we’ve dedicated our practice to helping injured railroad workers and their families pursue rightful compensation through FELA litigation.

We understand the inherent dangers of the railroad industry, the hazards, and the legal framework necessary to build successful cases.

Whether you’ve suffered a physical injury on the job or developed a serious occupational disease after years of exposure, we are here to help you determine your legal options, and fight for what you’re owed.

Contact Gianaris Trial Lawyers today to schedule a free, confidential consultation.

Let us help you evaluate your FELA claim and take the next steps toward justice.

Frequently Asked Questions

  • What types of injuries and illnesses are covered under the Federal Employers Liability Act (FELA)?

    FELA covers a wide range of injuries and occupational illnesses suffered by railroad workers due to the negligence of a railroad employer.

    These can result from unsafe work conditions, lack of protective equipment, exposure to hazardous materials, or failure to follow federal safety regulations.

    Both acute injuries from accidents and long-developing illnesses caused by long-term exposure are included under the law.

    Common conditions covered under FELA include:

    • Traumatic brain injuries (TBI) from falls, impacts, or collisions
    • Spinal cord injuries and herniated discs due to lifting or derailments
    • Fractures and crush injuries sustained during coupling or yard work
    • Burns and electrical injuries from malfunctioning equipment or spills
    • Mesothelioma and asbestosis due to asbestos exposure in locomotives and shops
    • Lung cancer and COPD tied to diesel exhaust and toxic fumes
    • Leukemia and other blood cancers linked to benzene and chemical solvents
    • Hearing loss from prolonged noise exposure in poorly protected environments
    • Occupational asthma and chronic respiratory conditions
    • Neurological disorders caused by solvent, heavy metal, or fuel exposure

    Each of these conditions must be linked to employer negligence to be compensable under FELA. An experienced FELA attorney can help assess the connection and build a strong case.

  • Do I need to prove negligence to file a FELA claim?

    Yes.

    Unlike traditional workers’ compensation systems, FELA is based on fault, meaning the injured railroad worker must prove that their injury was caused (at least in part) by the negligence of the railroad employer.

    This could involve showing that the company failed to maintain safe working conditions, did not provide adequate training or equipment, or violated a safety statute.

    Even if the employer’s negligence played only a small role in the accident or illness, that is often enough to support a valid FELA claim under the law’s relatively low burden of proof.

  • Which railroad companies can be held liable under the Federal Employers Liability Act?

    FELA applies to common carriers by railroad engaged in interstate commerce, which includes most major railroad employers operating in the United States.

    If a railroad company employs workers who are injured due to its negligence (whether in rail yards, on tracks, or in maintenance and repair facilities) it can be held liable under FELA.

    This federal law is specifically designed to protect workers employed by these companies, regardless of whether the company is publicly traded, privately held, or a subsidiary.

    The following railroads are among those that may face FELA claims:

    • Union Pacific Railroad
    • BNSF Railway
    • Norfolk Southern Railway
    • CSX Transportation
    • Amtrak (National Railroad Passenger Corporation)
    • Kansas City Southern Railway
    • Canadian National Railway (U.S. operations)
    • Canadian Pacific Kansas City (CPKC)
    • Genesee & Wyoming Inc. (short line and regional carriers)
    • Metra and other commuter rail systems (for qualifying claims)

    These companies and others engaged in railroad use across several states are subject to FELA when their negligence results in injury, illness, or death of their workers.

  • Can family members file a FELA claim if a railroad worker dies from their injuries?

    Yes, under the Federal Employers Liability Act, certain surviving family members (such as a spouse, children, or dependent parents) can file a FELA wrongful death claim if a railroad worker dies as a result of employer negligence.

    The claim must still establish that the death was caused in whole or in part by the railroad’s failure to provide a safe working environment.

    Compensation in these cases may include funeral costs, loss of financial support, and damages for the emotional and practical impact of the worker’s death on their family.

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Ted Gianaris

With nearly 30 years of legal experience, Attorney Ted Gianaris has secured over $350 million in compensation for Illinois injury victims, car accident victims, and surviving family members of wrongful death victims.

This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Gianaris Trial Lawyers and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Illinois injury lawyer, Ted Gianaris, you can do so here.

Gianaris Trial Lawyers does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.