FELA Case Compensation | Recoverable Damages [2025 Guide]

The Federal Employers Liability Act (FELA) is a federal law that allows injured railroad workers to pursue compensation when their injuries are caused by their railroad employer’s negligence.

Unlike traditional workers’ compensation systems, FELA covers a broader range of damages and requires proof that the employer’s negligence played some role—no matter how small—in causing the injury.

FELA covers both acute injuries from workplace accidents and long-term illnesses, including cancer, caused by toxic exposures.

Because railroad worker injuries often result in physical disability and lasting impacts, the financial stakes are high.

A successful FELA claim can result in compensation for both economic and non-economic losses, including those not available under workers’ comp.

The law recognizes the inherent dangers of the railroad industry and provides a legal pathway for injured railroad employees to recover damages that reflect the full scope of their losses.

With the help of an experienced FELA attorney, workers can protect their rights and seek fair compensation for the harm they’ve suffered.

Gianaris Trial Lawyers provides expert legal representation and guidance, proving negligence on the part of the railroad company and pursuing significant compensation for railroad workers.

Contact us today to learn more.

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Types of Damages in FELA Claims

FELA is designed to make injured workers whole by compensating them for both direct financial losses and the broader impacts of their injury or illness.

Because it is a fault-based system, a successful FELA claim may result in significantly higher compensation than what is available under standard workers’ compensation.

This includes coverage for long-term health needs, pain, and the effects of being unable to return to work.

Whether you were injured in a derailment or developed cancer from years of exposure, FELA allows you to hold the railroad employer accountable.

Below are common categories of damages that FELA covers:

• Medical Expenses – Including hospital bills, specialist visits, rehabilitation, and long-term care related to the injury or illness.
• Lost Earnings – Compensation for wages missed due to the inability to work and reduced future earning potential.
• Future Fringe Benefits – Loss of health insurance, retirement contributions, and other employment-related benefits due to the injury.
• Pain and Suffering – For physical pain and emotional distress associated with the injury or illness.
• Loss of Enjoyment of Life – Damages for limitations in daily life, hobbies, and personal relationships.
• Permanent or Partial Disability – Compensation for a physical disability that alters a worker’s quality of life or ability to work.
• Wrongful Death – In cases of fatal accidents or occupational illnesses, families may seek damages for loss of support and companionship.

Each FELA case is unique, and the value of a claim depends on the nature of the injury, the extent of negligence, and the impact on the worker’s life.

How Much Compensation Can You Seek in a FELA Case?

Determining a specific dollar amount in a FELA case is challenging because every injury and illness unfolds differently depending on the circumstances, severity, and long-term impact.

Some workers may suffer immediate physical injuries that require surgery and rehabilitation, while others—especially those exposed to toxic substances—may develop cancer or chronic diseases years later.

The value of a claim also depends on factors like the extent of the railroad employer’s negligence, the worker’s age and income at the time of injury, and the cost of future medical care and lost earnings.

Proving damages in cases involving long-term illnesses like mesothelioma, lung cancer, or neurological conditions adds complexity, often requiring expert medical opinions and in-depth analysis of lifetime care needs.

As we’ve mentioned above, FELA allows for both economic and non-economic damages, including pain and suffering, emotional distress, and the loss of enjoyment of life, which are inherently difficult to quantify.

The legal strategy, strength of evidence, and jurisdiction can also affect the final award or settlement amount.

Given all of these factors, compensation in a FELA case can vary widely.

Settlements and verdicts may range from $25,000 for relatively minor injuries to well over $1 million in cases involving catastrophic harm, permanent disability, or fatal occupational disease.

An experienced FELA attorney can evaluate your individual case to provide a more accurate assessment.

How is FELA Different from Standard Workers’ Compensation?

FELA differs significantly from standard workers’ compensation in both process and potential compensation.

Unlike no-fault workers’ comp systems, FELA requires injured workers to prove that their railroad employer was at least partially responsible for their injury.

This fault-based structure allows for greater financial recovery, especially in cases involving serious or permanent harm.

Claims under FELA can be brought in either state or federal court, giving the injured worker more flexibility in legal strategy.

Because FELA is tailored to the unique risks of railroad work, it provides broader protections for workers injured on the job.

The law allows recovery for not only economic losses, but also non-economic damages, which are typically not available under workers’ compensation.

Differences between FELA and standard workers’ compensation include:

• Proof of Fault – FELA requires evidence of the railroad’s negligence; workers’ comp does not.
• Broader Damages – FELA allows recovery for pain and suffering, lost future earnings, and more.
• Court Access – FELA claims can be filed in state or federal court; workers’ comp is handled administratively.
• Jury Trials – Injured railroad workers may present their case to a jury under FELA.
• Higher Awards – Compensation under FELA is often greater due to the inclusion of full damages.
• Limited to Railroad Industry – FELA applies specifically to railroad employees, not the general workforce.

When a railroad worker suffers an injury on the job, they have the right to pursue compensation under the Federal Employers Liability Act (FELA) if the harm was caused, even in part, by the railroad employer’s negligence.

Because FELA claims require proof of fault, the process involves collecting substantial documentation and working closely with an experienced attorney.

Prompt action is essential—not only for health reasons but also to protect legal rights and preserve valuable evidence.

Injured workers should avoid speaking in detail with railroad representatives or a railroad claim agent until they’ve received legal advice.

The success of a FELA claim often hinges on the strength of the evidence, including medical records and witness statements.

Below is an overview of the key steps involved in filing a FELA claim:

1. Seek Immediate Medical Attention – Get prompt treatment for your injuries and make sure the cause of injury is documented in your medical records.
2. Report the Injury – Notify your supervisor or railroad employer of the incident as soon as possible.
3. Consult a FELA Attorney – Speak with a lawyer who handles FELA claims to understand your rights and start building your case.
4. Preserve Evidence – Save physical evidence, record details of the incident, and collect contact information and telephone numbers of anyone who witnessed it.
5. Gather Medical Records – Compile treatment records, diagnoses, and billing statements related to your injury or illness.
6. Collect Other Evidence – Secure photographs, safety reports, job logs, and any communication with the railroad.
7. Obtain Witness Statements – Written or recorded testimony from coworkers can help establish how the injury occurred and support your version of events.
8. File Legal Documents – Your attorney will draft and submit the necessary legal filings in either state or federal court.
9. Negotiate or Proceed to Trial – Many FELA cases are resolved through negotiation, but your attorney will be prepared to try the case in court if needed.

Each case is unique, but following these steps will give injured railroad workers a strong foundation to pursue full and fair compensation under FELA.

Railroad workers in the United States are protected by a comprehensive framework of federal laws that safeguard their rights, promote workplace safety, and provide avenues for compensation in the event of injury or illness.

Understanding these rights is crucial for workers to advocate for themselves and seek appropriate remedies when necessary.

Legal protections for railroad workers include:

1. Federal Employers Liability Act (FELA): As we’ve mentioned, a successful FELA claim allows an injured employee to pursue compensation from negligent railroad companies. FELA requires the injured employee to prove negligence, but allows for comprehensive compensation.
2. Federal Railroad Safety Act (FRSA): FRSA provides whistleblower protections to railroad employees, safeguarding them from retaliation when they report safety violations, injuries, or other protected activities. Employees who believe they have faced retaliation can file a complaint with the Occupational Safety and Health Administration (OSHA).
3. Occupational Safety and Health Act (OSHA): While OSHA’s jurisdiction in the railroad industry is limited, it still plays a role in enforcing safety standards, especially concerning general occupational health and safety issues. OSHA collaborates with the Federal Railroad Administration (FRA) to address safety concerns and protect workers from hazardous conditions.
4. Railway Labor Act (RLA): The RLA governs labor relations in the railroad industry, aiming to prevent disruptions to commerce by encouraging collective bargaining and arbitration. It provides mechanisms for resolving labor disputes and protects the rights of employees to organize and bargain collectively.

At Gianaris Trial Lawyers, we understand the stakes for injured railroad workers and their families. Whether you’re recovering from a serious on-the-job injury or facing a devastating diagnosis caused by toxic exposure, our team is prepared to hold negligent railroad employers accountable.

With decades of trial experience and a deep understanding of the Federal Employers Liability Act (FELA), we build powerful cases that reflect the full scope of our clients’ losses—medical expenses, lost earnings, future benefits, and the life-altering impact of injury or illness.

If you’re considering filing a FELA claim, don’t settle for less than full justice.

We are relentless advocates for railroad workers and their families, and we fight for results that truly make a difference.

Contact Gianaris Trial Lawyers today for a free consultation.

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