FELA Railroad Worker Injury Claim

The federal law that lets an injured railroad employee sue the railroad for negligence instead of receiving workers' compensation.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of law firms for this.

What it means

Railroad workers are not covered by ordinary state workers' compensation for injuries on the job. Instead, the Federal Employers' Liability Act makes a railroad engaged in interstate commerce liable to an employee injured "in whole or in part" by the negligence of the railroad or its other employees, or by a defect in its equipment, track or other property. That is a fault-based lawsuit, not a no-fault benefit schedule, so the employee must prove negligence. In return, damages are not capped by a schedule: they can include lost wages and earning capacity, medical costs, and pain and suffering.

Several rules make FELA claims more favorable to the worker than an ordinary negligence case. The causation standard is relaxed: the question is whether the railroad's negligence played any part, even the slightest, in producing the injury (Rogers v. Missouri Pacific Railroad Co., 352 U.S. 500 (1957); reaffirmed in CSX Transportation, Inc. v. McBride, 564 U.S. 685 (2011)). The worker's own negligence reduces damages in proportion but does not bar the claim, and it does not reduce them at all where the railroad violated a safety statute that contributed to the injury. Assumption of risk is not a defense. A violation of the Safety Appliance Acts or the Locomotive Inspection Act establishes liability without separate proof of negligence. Any contract or rule meant to exempt the railroad from liability is void, and so is any attempt to stop employees from giving information about an injury.

An injured worker may file in federal or state court, and a FELA case filed in state court cannot be removed to federal court by the railroad. Claims for purely emotional injury are limited to workers who were within the zone of danger of physical impact (Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994)).

Where this comes from

When people hire a lawyer for this

Report the injury, get medical care, and be careful with the railroad's own claim agents, who work for the railroad and whose interviews and recorded statements are used in defending the claim. Speak to a lawyer who handles FELA cases before signing a release or giving a recorded statement. The limitation period is set by § 56 and runs from the injury, and occupational illnesses such as hearing loss or toxic exposure raise their own questions about when that period begins.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find a lawyer for this in your state

Choose your state to see Railroad Worker Injury-FELA law firms in the city where we list the most; your city may be under “other cities”, A to Z.

• Alabama (Birmingham)
  +1 other city

  • Montgomery
• Arizona (Chandler)
  +6 other cities

  • Gilbert
  • Glendale
  • Mesa
  • Phoenix
  • Scottsdale
  • Tucson
• Arkansas (Little Rock)
• California (Anaheim)
  +19 other cities

  • Bakersfield
  • Chula Vista
  • Fontana
  • Fremont
  • Irvine
  • Long Beach
  • Los Angeles
  • Oxnard
  • Riverside
  • San Bernardino
  • San Diego
  • Santa Ana
  • and 7 more with fewer listed firms
• Colorado (Aurora)
  +2 other cities

  • Colorado Springs
  • Denver
• Connecticut (Bridgeport)
• District of Columbia (Washington)
• Florida (Hialeah)
  +5 other cities

  • Jacksonville
  • Miami
  • Orlando
  • St Petersburg
  • Tampa
• Georgia (Atlanta)
• Illinois (Chicago)
• Indiana (Indianapolis)
  +1 other city

  • Fort Wayne
• Iowa (Des Moines)
• Kansas (Wichita)
• Kentucky (Lexington)
  +1 other city

  • Louisville
• Louisiana (Baton Rouge)
  +2 other cities

  • New Orleans
  • Shreveport
• Maine (Portland)
• Maryland (Baltimore)
• Massachusetts (Boston)
• Michigan (Detroit)
• Minnesota (Minneapolis)
  +2 other cities

  • Rochester
  • Saint Paul
• Mississippi (Jackson)
• Missouri (Kansas City)
  +1 other city

  • St. Louis
• Montana (Billings)
• Nebraska (Lincoln)
  +1 other city

  • Omaha
• Nevada (Reno)
• New Jersey (Jersey City)
  +1 other city

  • Newark
• New Mexico (Albuquerque)
• New York (Buffalo)
  +2 other cities

  • New York City
  • Rochester
• North Carolina (Charlotte)
  +5 other cities

  • Durham
  • Fayetteville
  • Greensboro
  • Raleigh
  • Winston-Salem
• Ohio (Cincinnati)
  +3 other cities

  • Cleveland
  • Columbus
  • Toledo
• Oklahoma (Oklahoma City)
  +1 other city

  • Tulsa
• Oregon (Portland)
• Pennsylvania (Pittsburgh)
  +1 other city

  • Philadelphia
• Rhode Island (Providence)
• South Carolina (Columbia)
• Tennessee (Nashville)
  +1 other city

  • Memphis
• Texas (Houston)
  +12 other cities

  • Arlington
  • Austin
  • Corpus Christi
  • Dallas
  • El Paso
  • Fort Worth
  • Garland
  • Irving
  • Laredo
  • Lubbock
  • Plano
  • San Antonio
• Utah (Salt Lake City)
• Vermont (Burlington)
• Virginia (Norfolk)
  +3 other cities

  • Chesapeake
  • Richmond
  • Virginia Beach
• Washington (Seattle)
  +2 other cities

  • Spokane
  • Tacoma
• West Virginia (Charleston)
• Wisconsin (Madison)

Related terms

Other entries in the same area of law, each written from the same primary sources.

• At-Will Employment and Wrongful TerminationThe default rule that an employer may end employment for any reason or none, and the exceptions that make some firings unlawful.
• ERISA Benefit Claim Denial (Disability, Health and Pension Plans)The federal rules for appealing, and then suing over, a denied claim under an employer-sponsored disability, health, life or retirement plan.
• FMLA Leave (Family and Medical Leave Act)A federal right to unpaid, job-protected leave for a serious health condition, a new child, or a family member's serious illness, with health coverage kept in place.
• Overtime and Minimum Wage (FLSA)The federal floor for pay: a minimum hourly wage, and time and a half for hours over forty in a workweek, unless the job is exempt.
• Sexual Harassment at WorkUnwelcome sexual conduct at work that is a condition of the job or creates a hostile environment, a form of sex discrimination under Title VII.
• Unemployment Benefits (Unemployment Insurance)State-run insurance that pays part of a worker's lost wages after a job ends through no fault of their own, decided by a state agency with a right to a hearing.
• Whistleblower Claims and Qui Tam (False Claims Act)Laws that protect, and in some cases reward, people who report fraud against the government or other violations, including private qui tam suits under the False Claims Act.

« All glossary terms