If you’re a railroad worker who has been injured on the job, you have special protections under federal law that most other workers don’t have. The Federal Employers Liability Act (FELA) was enacted in 1908 to protect railroad workers and their families, providing a critical safety net when injuries occur in this inherently dangerous industry.
How FELA Differs from Workers’ Compensation
Unlike standard workers’ compensation claims, FELA allows injured railroad workers to sue their employers directly and potentially recover significantly higher damages. However, with this opportunity comes an important distinction: you must prove that your employer’s negligence contributed to your injury, even if only partially.
What Types of Negligence Are Covered?
Railroad companies have extensive responsibilities under FELA, including:
- Providing a reasonably safe work environment
- Inspecting the workplace for hazards
- Providing proper safety equipment and training
- Ensuring adequate staffing and supervision
- Preventing unreasonable work quotas and time pressures
- Maintaining and repairing all equipment and tools
- Implementing and enforcing safety rules and procedures
Understanding Comparative Negligence
FELA operates under a “comparative negligence” system. This means that even if you were partially at fault for your injury, you can still recover damages. Your compensation would be reduced by your percentage of fault. For example, if you’re found to be 25% responsible for your injury, you can still recover 75% of your total damages.
Common Railroad Injuries by Occupation
Locomotive Engineers
Engineers face unique risks from their long hours in the locomotive cab, including:
- Repetitive stress injuries from constant vibration and jarring movements
- Back and neck injuries from poorly maintained seats and rough track conditions
- Hearing loss from prolonged exposure to engine noise
- Injuries from unexpected emergency braking situations
- Psychological trauma from grade crossing accidents
- Carpal tunnel syndrome from repetitive throttle and brake operations
Conductors
Train conductors face some of the most dangerous conditions in railroading, particularly during switching operations and moving rail cars. Their hazardous duties include:
- Mounting and dismounting moving equipment
- Operating hand brakes and switching equipment
- Walking on uneven ballast and around rail yards
- Coupling and uncoupling cars
- Working in extreme weather conditions
- Controlling and directing car movements during switching operations
- Protecting shoving movements in yards and industries
- Coordinating car movements with remote control devices
- Working for extended periods in extreme temperatures
- Making emergency repairs to air hoses and equipment
Common injuries include:
- Knee and ankle injuries from climbing and dismounting
- Shoulder injuries from throwing switches
- Back injuries from heavy lifting and walking on ballast
- Slip and fall injuries in wet or icy conditions
- Crush injuries from unexpected car movements or close clearances
- Impact injuries during coupling operations
- Injuries from emergency applications while riding rail cars
- Trauma from unexpected car movement during brake operations
- Injuries from being caught between equipment during switching moves
- Repetitive stress injuries from constant physical demands
- Exposure to harmful substances and fumes
- Injuries from defective equipment or tools
The movement of rail cars presents particular dangers during:
- Flat switching operations where cars are uncoupled while moving
- Shoving movements with limited visibility
- Operating remote control locomotives
- Working between cars during coupling operations
- Controlling free rolling cars during hump yard operations
- Securing equipment on industrial tracks with varying grades
- Coordinating movements with multiple crew members
- Making joint air hose connections between cars
- Testing air brakes and brake equipment
- Working with hazardous material cars
- Operating switches and derails during movements
- Protecting against unexpected train movements
Railroad Machinists
These skilled workers face hazards while maintaining and repairing locomotives and rail cars:
- Back injuries from heavy lifting and awkward positions
- Burns from hot engine components and welding operations
- Chemical exposure from cleaning solvents and lubricants
- Crush injuries while working under or between equipment
- Respiratory issues from diesel exhaust and welding fumes
- Hand and finger injuries from power tools and heavy components
Maintenance of Way Workers
BMWED members encounter numerous hazards while maintaining track and right-of-way:
- Back injuries from lifting rail, ties, and track components
- Repetitive stress injuries from track maintenance equipment
- Impact injuries from track machinery and tools
- Heat exhaustion and cold stress from outdoor work
- Injuries from track vehicle accidents
- Electrical injuries during signal and power line work
- Chemical exposure from herbicides and treating materials
Railroad Signalmen
BRS members face unique risks while maintaining vital signal systems:
- Falls from signal masts and poles
- Electrical burns and shocks
- Back injuries from lifting heavy equipment
- Injuries from working alongside active tracks
- Repetitive motion injuries from signal maintenance
- Weather-related injuries from working in all conditions
- Injuries from motor vehicle accidents while traveling between signals
Types of Compensation Available
Under FELA, you may be entitled to recover:
- Past and future medical expenses
- Lost wages and benefits
- Future earning capacity
- Physical pain and suffering
- Mental and emotional distress
- Permanent disability or disfigurement
- Loss of quality of life
The Importance of Prompt Action
There are strict time limits for filing a FELA claim. Generally, you have three years from the date of injury to file a lawsuit. However, waiting can harm your case as evidence may disappear and witnesses’ memories may fade. It’s crucial to document your injury, report it immediately, and seek medical attention right away.
Why You Need Specialized Legal Representation
FELA cases are complex and significantly different from standard personal injury or workers’ compensation claims. Railroad companies have experienced legal teams dedicated to defending against these claims. To level the playing field, you need an attorney who:
- Understands the intricacies of FELA law
- Has experience dealing with railroad companies
- Knows how to properly investigate and document railroad injuries
- Can effectively calculate the full extent of your damages
- Has a track record of successful FELA settlements and verdicts
Taking the Next Step
If you’ve been injured while working for a railroad company, don’t try to navigate this complex process alone. The decisions you make in the immediate aftermath of your injury can significantly impact your ability to recover fair compensation. Contact our experienced FELA attorneys today for a free consultation to understand your rights and options.
Our firm has successfully represented injured railroad workers for [X] years, recovering millions in compensation for our clients. We are proud to regularly represent members of major railroad unions including the Brotherhood of Maintenance of Way Employes Division (BMWED), Brotherhood of Railroad Signalmen (BRS), International Association of Machinists and Aerospace Workers District 19 (IAMAW), and SMART Transportation Division. Our extensive experience working with union members gives us a deep understanding of railroad operations, workplace conditions, and the unique challenges you face. We understand the challenges you’re facing, and we’re here to help you get the compensation you deserve while you focus on your recovery.
Notable Case Results
Our firm has consistently secured substantial verdicts and settlements for injured railroad workers. Some of our recent results include:
- $7,000,000 settlement for a family after a tragic workplace fatality in an intermodal yard
- $5,445,000 net jury verdict against Union Pacific Railroad for an injured railroad worker
- $4,500,000 settlement for a railroad machinist who required multiple back surgeries after being injured while servicing a Metra locomotive
- $1,875,000 settlement for a SMART UTU railroad conductor who suffered wrist and back injuries in a transport van collision
While past results don’t guarantee future outcomes, these cases demonstrate our commitment to maximizing compensation for injured railroad workers and their families. Our experience handling complex FELA cases and willingness to take cases to trial helps ensure our clients receive fair compensation for their injuries.
Contact Us
Don’t let railroad company representatives pressure you into making statements or accepting a quick settlement before you understand your rights. Contact our office today at 312-239-8298 or visit our website to schedule your free, confidential consultation with an experienced FELA attorney.