Railroad employees work in one of the nation’s most demanding and hazardous industries. When an injury occurs on the job, many workers are surprised to learn that they are not covered by traditional state workers’ compensation systems. Instead, most railroad employees are protected by the Federal Employers’ Liability Act (FELA), a federal law that allows injured workers to seek compensation when a railroad’s negligence contributed to their injuries.
While FELA provides important legal protections, a successful claim requires more than simply proving that an injury occurred. Understanding the criteria for a successful FELA case can help injured railroad workers protect their rights and avoid costly mistakes.
1. You Must Be Covered Under FELA
The first requirement for a successful FELA claim is that the injured worker must be covered by the Federal Employers’ Liability Act. In general, FELA applies to employees of railroads engaged in interstate commerce who are injured while performing duties within the scope of their employment. Unlike state workers’ compensation systems, FELA does not automatically provide benefits following a workplace injury. Instead, an injured worker must establish that the railroad’s negligence played a role in causing the injury.
Determining whether someone is covered under FELA is not always as straightforward as it may seem. While the law clearly applies to most railroad employees, there are situations where a worker’s employment status is less clear. For example, some individuals who perform work for a railroad through a contractor or subcontractor may still qualify for protection under FELA, depending on the specific facts of their employment relationship.
Courts have considered a variety of factors when deciding whether a contractor or contract worker should be treated as a railroad employee for purposes of FELA. These factors can include the degree of control the railroad exercised over the worker’s day-to-day activities, the nature of the work being performed, who directed the worker’s tasks, and whether the work was an integral part of the railroad’s operations. Because every situation is different, there is no simple rule that determines whether a contractor is covered.
If you were injured while working for or around a railroad but were employed by a contractor, staffing company, or another third party, you should not assume that FELA does, or does not, apply to your case. These cases are highly fact-specific and require a careful legal analysis of the employment relationship and the circumstances surrounding the injury.
At Doran & Murphy, PLLC, we regularly evaluate complex railroad injury claims and can help determine whether you may be entitled to pursue a claim under FELA. If you have questions about your employment status or whether FELA applies to your situation, we encourage you to read this more in-depth discussion of “independent contractors” and the potential for the FELA to apply, and contact us for a confidential consultation. An early review of your case can help preserve your rights and identify the legal options available to you.
2. The Railroad Must Have Been Negligent
The cornerstone of every successful FELA claim is proving negligence.
Negligence means the railroad failed to exercise reasonable care in providing a safe workplace. This can occur in many different ways, including:
- Failing to provide safe equipment or tools
- Allowing dangerous working conditions to exist
- Failing to properly inspect or maintain equipment
- Providing inadequate training or supervision
- Violating federal safety regulations
- Requiring employees to work under unsafe conditions
Importantly, FELA does not require the railroad to be entirely responsible for the injury. Even if the railroad’s negligence played only a small part in causing the accident, the employee may still have a valid claim. Courts have consistently recognized that FELA applies a more employee-friendly standard of causation than ordinary negligence cases.
3. The Negligence Must Have Caused or Contributed to the Injury
Simply proving negligence is not enough.
An injured railroad worker must also demonstrate that the railroad’s negligence caused or contributed to the injury. Under FELA, the burden of proving causation is less demanding than in many personal injury cases. The employee generally needs to show that the railroad’s negligence played some role—even a slight one—in producing the injury.
For example, if defective equipment, poor lighting, inadequate staffing, or an unsafe work procedure contributed to an accident, the railroad may be held liable.
It is important to note that Comparative Negligence does not automatically prevent recovery.
Many injured railroad workers mistakenly believe they cannot recover compensation if they made a mistake that contributed to the accident. Under FELA, that is generally not the case.
FELA follows a comparative negligence system, which we have explained in a prior blog. If an employee is partially responsible for an injury, compensation may be reduced by the employee’s percentage of fault, but recovery is not necessarily barred. This is an important distinction from some areas of personal injury law.
4. You Must Have Sustained Actual Damages
A successful FELA claim also requires evidence of actual damages resulting from the injury.
These damages may include:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress in appropriate cases
- Permanent disability or disfigurement
Unlike many state workers’ compensation systems, FELA allows injured railroad workers to recover compensation for pain and suffering and other non-economic losses, making potential recovery significantly broader in appropriate cases.
5. Strong Evidence Is Essential
Evidence often determines whether a FELA case succeeds.
Helpful evidence may include:
- Accident reports
- Photographs of the accident scene
- Witness statements
- Medical records
- Safety inspection reports
- Maintenance records
- Employment records
- Expert testimony
Promptly documenting the circumstances surrounding an injury can preserve valuable evidence before conditions change or records disappear.
6. Filing Within the Statute of Limitations
Most FELA claims must be filed within three years from the date of the injury or, in certain occupational disease cases, from when the worker knew or reasonably should have known the injury was work-related.
Waiting too long can result in losing the right to pursue compensation, making it important to seek legal advice promptly after an injury.
7. Being Prepared for the Common Railroad Defenses
Just because a railroad worker suffers an injury on the job does not mean the railroad will readily accept responsibility. In many FELA cases, railroads and their claims departments begin investigating the incident almost immediately—often before the injured worker has had an opportunity to fully understand the extent of their injuries.
Railroads and their insurers devote significant resources to defending FELA claims and frequently raise a variety of defenses designed to reduce or eliminate their liability. Understanding these tactics can help injured workers avoid common pitfalls and better protect their rights.
Some of the most common defenses include:
- Arguing the Railroad Was Not Negligent – One of the primary defenses in a FELA case is that the railroad did nothing wrong. The railroad may argue that it provided a reasonably safe workplace, properly maintained its equipment, complied with applicable safety regulations, and exercised reasonable care under the circumstances.
- Claiming the Employee Was Responsible for the Injury – Railroads also frequently argue that the injured employee’s own actions caused the accident. As noted above, the FELA follows a comparative negligence system, but the railroad may attempt to shift as much responsibility as possible onto the worker in an effort to reduce the amount it must pay.
- Disputing that their Negligence was the Cause of the Injury – Railroads may scrutinize medical records, retain their own medical experts, or suggest that an injury is the result of a pre-existing condition rather than the workplace accident. If there is a delay between the event and the employee reporting or seeking medical attention, the railroad will often use that to try to create doubt that their negligence resulted in an injury. This strategy is often solidified by the culture of the railroad of trying to work through injuries or waiting to see if an injury is “severe” before reporting it.
- Minimizing the Severity of the Injury – Another common defense is to argue that the employee’s injuries are not as serious as claimed. In some cases, railroads may also conduct surveillance or carefully review an injured worker’s public social media activity. A photograph or video showing an employee attending a family gathering, working in the yard, traveling, or engaging in a recreational activity may be taken out of context and used to argue that the worker is less injured than they claim to be. This does not mean injured workers should isolate themselves or stop living their lives. However, they should recognize that anything posted publicly online may become evidence in a FELA lawsuit. Even an innocent post can be misleading if it captures only a brief moment and does not reflect the pain, limitations, or recovery challenges the worker experiences before or after the photograph or video was taken.
- Arguing That Someone Else Was Responsible – In some cases, the railroad may attempt to shift blame to another company, contractor, or equipment manufacturer. While third parties may share responsibility in certain situations, that does not necessarily relieve the railroad of liability under FELA if its negligence also contributed to the injury.
Determining who is legally responsible often requires a detailed investigation of the accident, the working relationships among the parties, and the applicable safety rules.
Why Early Legal Representation Matters
Because railroads often begin building their defense immediately after an accident, injured workers should consider speaking with an attorney as soon as possible. Early legal representation can help preserve critical evidence, identify witnesses before memories fade, protect against common defense strategies, and ensure that important deadlines are not missed.
At Doran & Murphy, PLLC, we understand the tactics railroads and their insurers use to defend FELA claims. We work to level the playing field by conducting our own thorough investigation, preserving evidence, and aggressively advocating for the rights of injured railroad workers throughout every stage of the case.
Why Experienced Legal Representation Matters
Although FELA is designed to protect railroad workers, these cases are often vigorously defended by railroad companies and their insurers. Investigations begin quickly after an accident, and evidence that supports an employee’s claim may not remain available indefinitely.
An attorney experienced in FELA litigation can help investigate the accident, preserve evidence, work with medical and industry experts, and build a compelling case designed to maximize recovery.
Contact Doran & Murphy, PLLC
At Doran & Murphy, PLLC, representing injured railroad workers is not just one area of our practice—it’s our primary focus. For decades, our attorneys have handled FELA claims throughout the United States, helping railroad employees and their families navigate complex injury cases against major rail carriers. We understand the unique legal and practical challenges these cases present and work diligently to protect our clients’ rights from the very beginning.
If you were injured while working for a railroad, contact Doran & Murphy, PLLC for a confidential consultation. We’ll evaluate the facts of your case, explain whether FELA may apply, and help you understand your legal options.
