Complete Guide to Railroad Worker Injury Lawsuits

The Federal Employers Liability Act (FELA), enacted by Congress in 1908, is a pivotal federal law designed to protect railroad workers injured on the job.

Unlike earlier attempts to legislate railroad worker protections that were declared unconstitutional, FELA was upheld as a valid exercise of Congress’s power to regulate interstate commerce.

Unlike standard workers’ compensation systems, which operate on a no-fault basis, FELA requires injured employees to demonstrate that their employer’s negligence contributed, in whole or in part, to their injury.

This distinction allows for potentially greater compensation, as damages under FELA are not capped and can include full coverage for medical expenses, lost wages, and pain and suffering.

Under 45 U.S.C. § 51, FELA stipulates that every common carrier by railroad engaged in interstate or foreign commerce is liable for damages to any person suffering injury while employed by such carrier, or, in the case of death, to his or her personal representative.

The beneficiaries can include the surviving spouse and children, or, if none, such employee’s parents, and if none, then the next of kin dependent upon such employee.

The law covers injuries resulting from the negligence of the railroad’s officers, agents, or employees, or due to defects in equipment, tracks, or other operational components.

FELA covers a broad range of situations, including:

• Injuries caused by defective or insufficient equipment, such as cars, engines, or machinery.
• Accidents resulting from unsafe working conditions or environments.
• Harm due to the negligence of fellow employees or supervisors.
• Exposure to hazardous substances, including diesel exhaust and asbestos.
• Inadequate training or supervision leading to injury.
• Failure to enforce safety regulations or procedures.

One of the critical aspects of FELA is its allowance for comparative negligence.

Even if an injured employee is partially at fault, they can still recover damages, though the compensation may be reduced in proportion to their share of the blame.

This provision makes sure that railroad employers cannot entirely evade liability by shifting blame onto the injured worker.

Given the complexities involved in proving employer negligence and navigating federal court procedures, it’s imperative for injured railroad workers to seek experienced legal counsel.

An attorney specializing in FELA cases can provide invaluable assistance in gathering evidence, interviewing witnesses, and building a compelling case to secure fair compensation.

Without proper legal representation, workers may find it challenging to meet the stringent requirements of FELA and may risk forfeiting their rightful claims.

The Federal Employers Liability Act serves as a crucial safeguard for railroad employees, offering a legal avenue to hold employers accountable for negligence and to obtain comprehensive compensation for injuries sustained in the course of their employment.

What Railroad Companies are Governed by the FELA Statute?

Railroad companies governed by the Federal Employers Liability Act (FELA) include any “common carrier by railroad” engaged in interstate or foreign commerce, as defined under 45 U.S.C. § 51.

This means nearly all major railroad companies operating across state lines are legally bound by FELA’s requirements when it comes to protecting their workers from injuries caused by negligence attributable to the railroad.

The law applies to carriers that transport goods or passengers as part of interstate operations—commonly referred to in the statute as engaging in “such commerce.”

FELA was enacted to compensate injured railroad employees for the inherent dangers of railroad industry work, including exposure to unsafe conditions, defective equipment, or negligent supervision.

When a railroad fails to protect its workers, and that failure causes injury in whole or in part, FELA gives the worker (or their family) the right to pursue legal relief in federal court.

Companies governed by this federal law are obligated to uphold safety standards and are liable when they fail to do so.

The following Railroad Companies are Governed by FELA:

• BNSF Railway
• Union Pacific Railroad
• Norfolk Southern Railway
• CSX Transportation
• Amtrak (National Railroad Passenger Corporation)
• Canadian National Railway (U.S. operations)
• Canadian Pacific Kansas City (CPKC)
• Kansas City Southern Railway
• Metro-North Railroad (New York area commuter rail)
• NJ Transit Rail Operations
• Alaska Railroad
• Countless other railroad employers and operators

When a railroad worker is injured on the job, the process of pursuing a legal claim is governed by the Federal Employers Liability Act (FELA), which grants workers the right to seek compensation from their employer for negligence.

FELA applies whether the injury occurs in a single state, across several states, or even in a foreign nation, provided the railroad is engaged in interstate commerce.

Because FELA grants concurrent jurisdiction, cases can be filed in either federal or certain state courts, allowing injured workers flexibility in how they pursue legal remedies.

Claims may involve violations of a safety statute, the use of defective tools or other equipment, or failure to provide a safe working environment.

Even if the worker is partially at fault, contributory negligence under FELA does not bar recovery—it only reduces the damages proportionally.

Claims can be brought by the injured worker or, in cases of death resulting from the injury, by his or her personal representative or family members.

The legal process involves gathering medical and employment records, proving the railroad’s negligence, and calculating damages such as lost wages, medical costs, and physical disability.

Working with a skilled FELA attorney is vital to handling this process and achieving full compensation.

Steps in a railroad worker injury lawsuit include:

1. Report the Injury – Immediately notify your supervisor or employer of the incident and request appropriate medical care.
2. Seek Medical Treatment – Prioritize health and obtain documentation of all injuries and diagnoses.
3. Consult a FELA Attorney – Choose a legal representative with experience in railroad injury cases and federal law.
4. Investigation – Your attorney will gather evidence including witness statements, maintenance records, and expert testimony related to any safety statute violations or equipment issues.
5. Filing the Lawsuit – The case is filed in federal or state court with concurrent jurisdiction.
6. Discovery Phase – Both sides exchange documents, conduct depositions, and develop their legal arguments.
7. Settlement Negotiations or Trial – The parties may reach a settlement, or the case may proceed to trial if no agreement is reached.
8. Verdict and Compensation – If successful, the injured worker or their family receives compensation for damages tied to employer negligence.

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

A railroad claim agent is an employee of the railroad company whose job is to investigate worker injuries and attempt to settle claims quickly—often for as little money as possible.

While they may appear helpful, their primary responsibility is to protect the interests of the railroad, not the injured worker.

If a claim agent contacts you after an injury, it’s important not to give any recorded statements, sign documents, or accept a settlement offer without first speaking to a FELA lawyer.

Anything you say can be used to minimize or deny your claim, especially if your injuries involve long-term disability or toxic exposure.

Before speaking to a claim agent, it’s wise to contact a union representative or experienced FELA lawyer to understand your rights.

How is a Railroad Employee Defined Under FELA?

Under the Federal Employers’ Liability Act (FELA), a railroad employee is broadly defined to include “any person suffering injury while he is employed by such carrier engaged in such commerce,” as outlined in 45 U.S. Code § 51.

This includes workers involved in the actual movement of trains as well as those supporting railroad operations across state lines or affecting interstate commerce (“such commerce”).

FELA covers not only direct injuries sustained on the job but also extends to injuries caused in whole or in part by the “negligence of any of the officers, agents, or employees of such carrier,” or due to any defect in “cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.”

This statutory language means that a wide range of railroad workers—both operational and maintenance-related—are protected under the law when hurt due to employer negligence.

Specific job roles and functions covered under FELA include:

• Locomotive Engineers – Operate trains and are exposed to long-term diesel exhaust, vibrations, and equipment failure risks.
• Conductors – Manage train operations and are at risk of falls, coupling injuries, and collisions.
• Brakemen – Assist with train assembly and braking operations; often injured during coupling or in yard movements.
• Trackmen – Maintain and repair track infrastructure; exposed to heavy equipment and hazardous weather conditions.
• Signal Maintainers – Install and maintain rail signals, often working near active tracks and electrical systems.
• Electricians – Service electrical systems in locomotives and facilities; exposed to shocks and confined workspaces.
• Welders and Pipefitters – Repair or fabricate metal structures on trains and railcars; face burn and fume inhalation risks.
• Carmen – Inspect and repair railcars; commonly exposed to repetitive stress and crush injuries.
• Machinists – Maintain and overhaul engines or components; injuries often stem from mechanical defects or tool failures.
• Locomotive Shop Workers – Work in roundhouses or terminals maintaining engines and cars; exposed to noise, fumes, and moving equipment.
• Signal and Communication Technicians – Work on control systems vital to train safety; often in hazardous or remote environments.

These roles are all part of the railroad industry’s complex infrastructure, and FELA is specifically designed to protect these employees when injuries occur due to employer negligence.

Statute of Limitations for FELA Claims

Time limits are critical in Federal Employers Liability Act (FELA) cases.

Injured railroad workers, or their personal representatives in the case of death, must file a claim within a specific period to preserve their legal rights.

Under FELA, the three-year filing deadline begins when the injured worker knew or reasonably should have known that the injury was work-related—this is known as when the action accrued.

This is especially important in cases involving occupational illnesses or delayed-onset injuries, such as those caused by diesel exhaust or toxic chemical exposure, where symptoms may appear years after the initial harm occurred.

Waiting too long to act can result in a case being dismissed, regardless of the severity of the injury or the employer’s negligence.

Because of the complexity involved in determining the accrual date, especially in exposure-related cases, consulting with an experienced FELA attorney as soon as possible is essential.

They can evaluate your case, determine how the statute applies, and begin building the strongest possible claim before your window to file closes.

Railroad workers injured due to employer negligence are entitled to pursue compensation under the Federal Employers Liability Act (FELA).

These lawsuits differ from standard workers’ compensation in that they require proof of fault, but they offer the potential for broader and more complete financial recovery.

FELA claims may seek damages for lost wages, medical bills, and future fringe benefits, such as retirement plans or healthcare coverage the injured worker would have received.

In cases involving permanent disability or death, surviving family members may also be eligible for compensation.

Common types of damages in FELA lawsuits include:

• Lost income – Past and future wages the injured worker is unable to earn due to the injury
• Medical expenses – Costs related to hospital visits, surgeries, medication, rehabilitation, and long-term care
• Pain and suffering – Compensation for physical pain and emotional distress caused by the injury
• Future fringe benefits – Loss of retirement contributions, health insurance, or union benefits
• Loss of earning capacity – When the injury limits the worker’s ability to continue in their railroad career
• Wrongful death benefits – Financial support for surviving family members if the worker died as a result of the injury

Building a strong FELA case requires thorough and organized evidence that clearly shows the railroad employer’s role in causing the injury.

Injured railroad workers and their attorneys should begin collecting documentation as soon as possible, especially in cases where liability may be disputed or where the injury developed over time.

Critical pieces of evidence include employment records to verify job duties and exposure history, as well as medical records to document the nature, severity, and progression of the injury.

Telephone numbers and contact information for coworkers or eyewitnesses can also prove invaluable for gathering testimony that supports the worker’s account of the incident or work conditions.

Common evidence used in railroad injury lawsuits includes:

• Employment records – Job titles, duties, shift logs, and past complaints that show patterns of unsafe conditions
• Medical records – Diagnoses, treatment history, physician statements, and long-term prognosis related to the injury
• Witness contact info – Telephone numbers, email addresses, or written statements from coworkers and supervisors
• Photographic or video evidence – Images of defective equipment, unsafe conditions, or visible injuries
• Accident reports and internal safety documents – Official filings, inspection results, and company memos showing prior knowledge of risks
• Union reports or grievances – Prior documented concerns about hazards or improper procedures raised through formal channels

Preserving this evidence early helps your legal team build a compelling case that proves negligence and supports your claim for full compensation.

At Gianaris Trial Lawyers, we understand the physical, emotional, and financial toll that serious railroad injuries take on workers and their families.

With decades of experience in FELA claims and a focused commitment to justice, we represent injured railroad employees and their loved ones in cases involving toxic exposure, catastrophic injury, and wrongful death.

Our team prepares every case for trial, investigates every detail thoroughly, and advocates relentlessly for the compensation our clients deserve.

Whether you’re suffering from an occupational illness, a disabling injury, or seeking justice for a family member’s loss, we’re here to help you through every step with professionalism and care.

If you or a loved one has been injured while working in the railroad industry, contact Gianaris Trial Lawyers today.

You can also use the chat feature on this page to find out if you qualify for a Railroad Worker Injury Lawsuit instantly.

We offer free consultations and only get paid if we win your case.

Let us help you hold negligent railroad employers accountable and secure the future you and your family deserve.