Who Qualifies for a FELA Railroad Claim? [2025 Guide]

The Federal Employers Liability Act (FELA) provides a legal avenue for railroad employees and their families to seek compensation when injuries or illnesses result from employer negligence.

Unlike traditional workers’ compensation systems, FELA requires proof that the railroad employer’s negligence contributed to the injury or illness.

This standard allows for broader recovery options, including damages for pain and suffering, lost wages, and medical expenses.

Eligibility to file a FELA claim includes:

• Current Railroad Workers: Employees injured due to unsafe working conditions, defective equipment, or inadequate training.
• Former Railroad Workers: Individuals who have developed occupational diseases, such as cancer, due to prolonged exposure to hazardous conditions during their employment.
• Family Members of Deceased Workers: Surviving spouses, children, or dependent relatives can file wrongful death claims if a railroad worker dies due to work-related injuries or illnesses.
• Personal Representatives: Executors or administrators of a deceased worker’s estate may file a claim on behalf of the estate.
• Dependent Parents or Siblings: In the absence of a spouse or children, dependent parents or siblings may be eligible to file a claim.

To successfully pursue a FELA claim, it’s crucial to gather comprehensive legal documents and evidence demonstrating the employer’s negligence.

This may include maintenance records, safety reports, and witness testimonies.

Collaborating with a specialized legal team experienced in FELA cases can significantly enhance the likelihood of obtaining fair compensation.

If you or a loved one has suffered an on-the-job injury or developed an occupational disease due to railroad work, it’s essential to understand your rights under FELA.

Consulting with a knowledgeable attorney can provide clarity on your eligibility and guide you through the claims process.

How Long Do You Have to File a FELA Lawsuit?

Injured railroad employees typically have three years from the date of their injury—or from when they discovered that their illness was related to railroad work—to file a lawsuit under the Federal Employers Liability Act (FELA).

This statute of limitations applies to both traumatic injuries and long-term occupational illnesses, such as mesothelioma or lung cancer.

It’s critical to act as soon as possible, especially in cases involving diseases that develop decades after exposure.

The longer time passes, the harder it may become to gather medical evidence, locate witnesses, or prove employer negligence.

Filing early also allows your legal team to secure documents and testimony before they are lost or destroyed.

Gianaris Trial Lawyers helps injured railroad employees assess their timeline and take timely legal action to protect their right to compensation.

How Much Does it Cost to Hire a FELA Lawyer from Gianaris Trial Lawyers?

At Gianaris Trial Lawyers, we represent injured railroaders and their families on a contingency fee basis, which means you don’t have to pay anything upfront.

Our attorney fees are only collected if we win your case, either through a settlement or a successful verdict in court.

This arrangement allows injured employees to pursue justice without the financial burden of hourly legal costs or retainers.

It also aligns our interests with yours—we’re fully invested in securing the best possible outcome for your claim.

If you’re an injured railroader considering legal action, hiring our firm means getting experienced FELA representation without financial risk.

Filing a FELA claim involves several key steps that are different from a typical workers’ compensation case.

Because the Federal Employers Liability Act is fault-based, you must prove your railroad employer was negligent in failing to provide a reasonably safe work environment.

The claim can be filed in either federal court or state court, depending on the circumstances and strategy.

Early involvement of experienced legal counsel is crucial to preserving evidence, identifying violations of safety regulation, and building a strong case.

If you’re still employed, it may also be helpful to speak confidentially with your union representative to understand your rights and protections.

The process can take time, but each step is designed to build toward maximum recovery.

Our attorneys handle every stage of the FELA claim while keeping clients informed and supported.

Here are the typical steps in the FELA claim process:

1. Consult with legal counsel to evaluate your case and determine eligibility
2. Investigate the incident or illness, including workplace conditions and safety regulation violations
3. Gather evidence, including medical records, witness statements, and maintenance logs
4. File the FELA claim in either state or federal court
5. Enter discovery, where both sides exchange documents and conduct depositions
6. Attempt negotiation or mediation to reach a fair settlement
7. Proceed to trial, if necessary, to present your case before a judge or jury

Each FELA case is unique, and the outcome depends on the strength of your evidence and the strategy of your legal team.

Gathering Evidence for a FELA Lawsuit

Solid evidence is the foundation of a successful FELA lawsuit, especially when proving that a railroad employer’s negligence caused a worker’s injury or illness.

Skilled FELA lawyers know how to gather, retain, organize, and present documentation that supports the claim and withstands scrutiny in court.

From collecting an official accident report to tracking down witness telephone numbers and compiling detailed medical records, every piece of information matters.

Evidence for a FELA lawsuit may include:

• The official accident report filed with the railroad
• Medical records documenting diagnosis, treatment, and long-term prognosis
• Witness statements and their telephone numbers
• Maintenance logs showing equipment failures or unsafe conditions
• Safety inspection records and OSHA citations
• Photographs of the scene or hazardous equipment
• Employment history and job duty descriptions
• Correspondence with supervisors or union representatives
• Expert reports from medical or occupational safety professionals

Recoverable Damages in FELA Claims

Injured railroad workers and their families may be entitled to a wide range of damages under the Federal Employers Liability Act.

Unlike standard workers’ compensation, FELA allows for full compensation based on actual harm suffered, including both economic and non-economic losses.

This includes coverage for immediate and future medical expenses, lost earnings, and compensation for pain and suffering, emotional trauma, and lasting effects like permanent disfigurement.

Common damages recovered in FELA claims include:

• Past and future medical expenses related to the injury or illness
• Lost earnings and diminished earning capacity
• Pain and suffering resulting from physical injury
• Emotional trauma caused by the accident or diagnosis
• Costs for rehabilitation, therapy, or assistive equipment
• Compensation for permanent disfigurement or disability
• Loss of enjoyment of life and ability to participate in daily activities
• Funeral expenses and loss of support in wrongful death cases

Railroad workers face some of the most dangerous conditions in any industry—and when negligent railroad employers fail to provide a safe workplace, the consequences can be life-altering.

At Gianaris Trial Lawyers, we have the experience, focus, and resources to take on complex FELA cases and fight for the compensation injured railroad employees and their families deserve.

Whether you’re facing mounting medical bills, the loss of income, or the death of a loved one from occupational exposure, our team is here to help.

If you or a loved one has suffered due to unsafe railroad work conditions, contact Gianaris Trial Lawyers today for a free consultation.

Our attorneys will walk you through your options, handle every step of the legal process, and work relentlessly to protect your rights and pursue the justice you’re owed.