Working on the railroad involves tough, physical labor. Every day, railroad employees face workplace hazards that most workers never have to consider. If you suffer an injury on the job, you may have legal rights under a unique federal law called the Federal Employers’ Liability Act (FELA).
What is FELA?
Congress enacted FELA as a federal law to protect railroad workers who suffer injuries while on duty. Unlike standard state workers’ compensation systems, which do not require you to prove who caused an accident, FELA uses a fault-based system. This means you have the right to sue your employer if their negligence played a role in your injury.
Under FELA, you do not have to prove the railroad company caused the entire accident. You only need to show that their carelessness contributed—even a small amount—to your accident. However, your own percentage of fault will reduce your total financial recovery. If an investigation proves you caused the accident entirely, you will not be able to recover damages.
Most common railroad injuries
Railroad workers frequently deal with dangerous conditions that cause serious medical issues. Some of the most common workplace injuries include:
- Musculoskeletal injuries: Back pain, torn rotator cuffs, and joint damage from lifting heavy equipment or maintaining awkward postures.
- Slip-and-fall accidents: Wet rails, uneven ballast, or cluttered walkways cause broken bones and head trauma.
- Struck-by incidents: Moving train cars and heavy machinery cause severe crushing injuries or fractures.
- Occupational illnesses: Loud engines cause permanent hearing loss and cumulative trauma like carpal tunnel syndrome.
These injuries can affect a worker’s ability to earn a living and perform daily activities. Many railroad employees also require long-term medical treatment and rehabilitation.
Navigating the claims process
Filing a FELA lawsuit requires gathering medical records, accident reports, and witness statements. Generally, you must file your claim within three years. For a specific accident, this clock starts on the date of the injury. For long-term conditions like hearing loss, the three-year limit begins when you realize your illness relates to your work.
An experienced attorney can help you navigate this complex process, calculate your true medical costs, and fight for the fair compensation you deserve.