If you work on the railroad, you already know how dangerous the job can be. Heavy equipment, moving cars, long shifts, and exposure to diesel exhaust and other hazards put railroad employees at risk every day. When a railroad worker is hurt, the path to compensation is different from almost any other work injury because it runs through a federal law called the Federal Employers' Liability Act, or FELA.
FELA has protected railroad workers and their families since 1908. It gives injured employees the right to hold a railroad accountable when its negligence contributes to an injury, and it lets surviving family members seek compensation when a worker is killed. Understanding how FELA works, what it covers, and how its deadlines apply can make a major difference in the outcome of your claim.
This guide explains FELA in plain English for railroad workers in Texas, New Mexico, Arkansas, Oklahoma, and beyond. It is general information, not legal advice, and every case depends on its own facts.
The Federal Employers' Liability Act, found at 45 U.S.C. Section 51 and the sections that follow, makes railroads engaged in interstate commerce liable to employees injured on the job when the injury results in whole or in part from the negligence of the railroad, its officers, agents, or employees. Liability also extends to injuries caused by defects in cars, engines, track, or other equipment that result from the railroad's negligence.
For most railroad employees, FELA takes the place of a state workers' compensation system. That difference matters. Workers' compensation pays limited benefits without proof of fault. FELA requires the worker to show that the railroad was negligent, but in exchange it allows recovery of full damages, including pain and suffering.
Congress wrote FELA to favor injured workers in several important ways. The key protections include the following.
In CSX Transportation v. McBride (2011), the U.S. Supreme Court confirmed that a railroad is liable under FELA if its negligence played any part, even a small one, in causing the injury. The worker does not have to prove that the railroad's negligence was the only or the main cause. The harm must still be reasonably foreseeable, but this standard is more favorable to injured workers than ordinary negligence law.
Under 45 U.S.C. Section 53, a worker who was partly at fault can still recover. The jury reduces the damages in proportion to the worker's share of negligence. Unlike Texas law for most injury cases, FELA has no 51 percent cutoff, so a worker who shares some blame can still recover a portion of the damages. And if the railroad violated a federal safety statute that contributed to the injury, the worker's own negligence does not reduce the award at all.
Railroads cannot avoid liability by arguing that dangerous conditions were simply part of the job. Under 45 U.S.C. Section 54, an employee is not treated as having assumed the risks of employment when the injury was caused in whole or in part by the railroad's negligence or by its violation of a safety statute.
FELA voids any contract, rule, or device that tries to exempt a railroad from liability. It also makes it unlawful to use threats or intimidation to stop employees from voluntarily giving information about a coworker's injury or death. Separately, the Federal Railroad Safety Act at 49 U.S.C. Section 20109 prohibits retaliation against workers who report a work-related injury or follow a treating physician's orders. A retaliation complaint under that law generally must be filed with the Secretary of Labor within 180 days.
Two federal safety laws often play a major role in railroad injury cases:
• The Federal Safety Appliance Act requires equipment such as couplers, handbrakes, grab irons, and ladders to be in proper condition.
• The Locomotive Inspection Act, once called the Boiler Inspection Act, requires locomotives and their parts to be safe to operate without unnecessary danger.
When a violation of one of these laws causes an injury, courts treat it as negligence in a FELA case. The worker does not have to prove ordinary carelessness, and the worker's own fault cannot be used to reduce the recovery.
FELA covers both sudden accidents and injuries that develop over time. Many of these are catastrophic injuries that change a worker's life and career.
• Broken bones and crushing injuries from coupling, switching, or falls
• Head trauma and traumatic brain injuries
• Spinal cord and back injuries
• Neck and shoulder injuries
• Burns from fires, explosions, or electrical hazards
• Amputations
Years of repetitive motion, heavy lifting, and walking on uneven ballast can damage the hands, wrists, elbows, shoulders, knees, and ankles. Whole body vibration from locomotive seats and platforms can contribute to back, neck, and joint problems. FELA can cover these injuries when the railroad's negligence, such as poor equipment or unsafe work practices, contributed to them.
Railroad workers may be exposed to diesel exhaust, silica, solvents, and other hazards. Some older workers were exposed to asbestos in brake linings, insulation, and locomotive components. Lung disease, cancer, and asbestos and mesothelioma claims are all possible under FELA when the railroad failed to provide a reasonably safe workplace.
An injured railroad worker may be able to recover:
• Past and future medical expenses
• Past and future lost wages and loss of earning capacity
• Physical and occupational therapy
• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
Some payments the railroad already made, such as certain insurance or relief benefits, may be credited against what it owes. A FELA attorney can help you understand how any offsets affect your case.
When a railroad worker dies because of the railroad's negligence, FELA allows the worker's personal representative to bring a claim for the benefit of the surviving spouse and children. If there is no spouse or child, the claim benefits the worker's parents, and if there are none, dependent next of kin. Families may seek financial losses such as lost support, and the worker's own claim for pain and suffering before death may also survive. Our wrongful death team can explain how these rules apply to your family.
Under 45 U.S.C. Section 56, a FELA lawsuit must be filed within three years after the cause of action accrues. For a sudden accident, that is usually the date of the injury. For occupational diseases and cumulative trauma, courts generally hold that the clock may start when the worker knew or reasonably should have known about the injury and its connection to work. Because these rules can be complicated, do not wait to get advice.
FELA cases may be filed in either state or federal court. A federal case can be brought where the railroad resides, where the injury happened, or where the railroad does business.
1. Get medical treatment and follow your doctor's instructions.
2. Report the injury to your supervisor, and keep a copy of any report you sign.
3. Be careful with written statements. Describe the facts accurately and do not guess about the cause.
4. Write down the names of witnesses and take photos of the equipment and conditions if you can do so safely.
5. Keep records of missed work, medical bills, and how the injury affects your daily life. Federal FRA accident reporting rules also require railroads to report certain injuries.
6. Speak with a FELA lawyer before accepting any settlement offer from the railroad.
Railroads have claims agents and lawyers working to limit what they pay. You deserve a team on your side with the same resources. Founder John Daspit began his career at Fulbright & Jaworski and also worked in insurance defense, so he understands how large companies evaluate and defend negligence claims.
The Daspit Law Firm has more than 50 attorneys, has recovered over $500 million for clients, and has more than 15 offices in Texas, New Mexico, Oklahoma, Arkansas, Georgia, Tennessee, and Arizona. We offer free consultations 24/7, will visit you at home or in the hospital, and work on contingency, so you pay no legal fees unless we win.
If you or a loved one was injured or killed while working for a railroad, we are ready to fight for you. Call The Daspit Law Firm today at (888) 273-1045 for a free, confidential FELA case review.
FELA, the Federal Employers' Liability Act, is a 1908 federal law that lets railroad employees recover damages from their employer when the railroad's negligence contributes, even in part, to a work injury or death. For most railroad workers it replaces state workers' compensation, and it allows recovery of full damages, including pain and suffering, rather than limited benefits.
A FELA lawsuit must generally be filed within three years after the cause of action accrues under 45 U.S.C. Section 56. For an accident, that is usually the date of injury. For occupational illnesses and repetitive stress injuries, courts often start the clock when the worker knew or should have known of the injury and its work connection.
Yes. FELA uses pure comparative negligence, so your damages are reduced by your percentage of fault rather than barred entirely. If the railroad violated a federal safety statute, such as the Safety Appliance Act or Locomotive Inspection Act, and that violation contributed to your injury, your own fault cannot reduce the award at all.
Workers' compensation pays limited benefits without requiring proof of fault, and it usually bars lawsuits against the employer. FELA requires the injured railroad worker to show the railroad's negligence played some part in the injury, but it allows recovery of full damages, including future lost earnings, pain and suffering, and mental anguish, decided by a judge or jury.
Yes. The deceased worker's personal representative can bring a FELA claim for the benefit of the surviving spouse and children, or if none, the parents, or if none, dependent next of kin. The family may recover financial losses such as lost support, and the worker's own claim for suffering before death may also survive.
All too often, accident victims are steamrolled by insurance companies determined to minimize or deny their claims. Don't let this happen to you. Hire us to fight for the compensation you deserve.
At The Daspit Law Firm, Our Team of Attorneys Handles the Full Range of Personal Injury Cases, Including Car and Truck Accidents, Industrial Accidents, Construction Accidents, Maritime & Offshore Accidents, and Much More.
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