Railroad workers perform essential and often dangerous jobs. Unlike most employees who are covered under state workers’ compensation laws, railroad employees fall under the Federal Employers Liability Act (FELA). This law allows injured railroad workers to seek compensation if their injury resulted from their employer’s negligence. Understanding your rights under Federal Employers Liability can help you make informed decisions and maximize your claim.

In this guide, we will explore the Federal Employers Liability Act (FELA), how it differs from traditional workers’ compensation, what compensation you can receive, and how a FELA attorney can assist you in filing a claim. If you or a loved one is a railroad employee who has been injured on the job, this information will be invaluable.

For more information on worker rights, visit OSHA’s official site.

What is the Federal Employers Liability Act (FELA)?

The Federal Employers Liability Act (FELA) is a federal law passed in 1908 to protect railroad workers injury who suffer work-related injuries. Before FELA, injured railroad workers had little recourse for workplace accidents, often receiving no compensation unless they could prove gross negligence.

Unlike standard workers’ compensation laws that provide no-fault benefits, FELA requires injured workers to prove employer negligence. If negligence is established, the injured worker may recover compensation for medical expenses, lost wages, and pain and suffering.

Key Differences Between FELA and Workers’ Compensation

Feature	FELA	Workers’ Compensation
Fault Required?	Yes, worker must prove employer negligence	No, benefits provided regardless of fault
Compensation	Full compensation for medical bills, lost wages, pain and suffering	Covers only medical bills and a portion of lost wages
Lawsuit Allowed?	Yes, workers can sue the employer for negligence	No, lawsuits against employers are not allowed
Types of Damages	Economic & non-economic damages (pain & suffering)	Only economic damages (medical bills & partial wage loss)

Under FELA, railroad employees have greater rights than under standard workers’ compensation, making it essential to understand how the law works.

Who is Covered Under the Federal Employers Liability Act?

FELA applies to railroad employees who are injured while performing job-related duties. Workers covered under FELA include:

Train conductors and engineers
Track maintenance workers
Signal operators
Railroad yardmasters
Rail car inspectors
Any other railroad employees exposed to hazardous conditions

To qualify for compensation under FELA, the injury must result from some form of employer negligence. This could be due to unsafe work conditions, defective equipment, or inadequate training.

Understanding Your Rights Under FELA

If you are a railroad worker, FELA grants you specific rights, including:

Right to File a Claim – You have the legal right to file a FELA claim if you are injured due to employer negligence.
Right to Full Compensation – Unlike traditional workers’ compensation, FELA allows you to claim damages for medical expenses, lost wages, and pain and suffering.
Right to Legal Representation – You can hire a FELA attorney to handle your claim and negotiate a fair settlement on your behalf.
Right to a Jury Trial – If your case goes to court, you have the right to present your case before a jury.

These rights are essential in helping railroad employees recover full compensation for their injuries.

What Must You Prove to Win a Federal Employer Liability Act (FELA) Claim?

How to File a FELA Claim

Filing a FELA claim involves several crucial steps. The process can be complex, which is why hiring an experienced FELA attorney is highly recommended.

Steps to File a FELA Claim

✔ Seek Medical Attention
Your health comes first. Seek immediate medical care and document all injuries.

✔ Report the Injury to Your Employer
Notify your employer about the injury in writing and keep a copy for your records.

✔ Gather Evidence
Collect witness statements, photographs of unsafe conditions, medical records, and accident reports.

✔ Contact a FELA Attorney
A skilled FELA attorney can help you build a strong case and negotiate with railroad companies.

✔ File the Claim
Your attorney will file the FELA claim on your behalf, ensuring that all legal requirements are met.

✔ Negotiate or Take the Case to Court
If a fair settlement is not offered, your attorney can take the case to trial.

Types of Compensation Available Under FELA

Under FELA, injured workers may be entitled to substantial compensation, including:

Medical Expenses – Coverage for hospital bills, rehabilitation, and ongoing treatment.

Lost Wages – Compensation for wages lost due to injury.

Pain and Suffering – Unlike workers’ compensation, FELA allows claims for emotional and physical distress.

Wrongful Death Benefits – If a worker dies due to negligence, the family may file a FELA claim.

Since FELA compensation is often higher than workers’ compensation, hiring an experienced FELA attorney can help maximize your payout.

Common Challenges in FELA Claims

Railroad companies often try to minimize or deny FELA claims. Some common challenges include:

Employer Denies Negligence – The Company may claim that your injury was not work-related or that they followed all safety protocols.

Low Settlement Offers – Railroads often offer low settlements that do not fully cover your losses.

Blame Shift to Employee – Employers may argue that the worker was responsible for the accident.

To overcome these challenges, hiring an experienced FELA attorney is crucial. They can negotiate aggressively and take the case to court if necessary.

Contact a FELA Attorney for Legal Assistance

If you or a loved one has been injured while working for a railroad, you need an attorney who understands FELA claims. At Burge & Burge, PC, we specialize in representing railroad employees in FELA cases and ensuring they receive the compensation they deserve.

📞 Contact Us:
Toll-Free: 800-633-3733 | Phone: 205-251-9000 | Fax: 205-323-0512

Don’t let railroad companies deny you the compensation you deserve. Call today for a free consultation and let us fight for your rights under the Federal Employers Liability Act (FELA)!

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Your Rights Under Federal Employers Liability Law