Is FELA the same as workers' compensation?

No. FELA is a federal negligence law. A covered railroad employee generally must show that railroad negligence caused or contributed to the injury.

Can I recover under FELA if I was partly at fault?

Yes. An employee's own negligence generally reduces the available damages by the employee's percentage of fault rather than automatically preventing recovery.

How long do I have to file a FELA lawsuit?

A FELA lawsuit generally must be filed within three years after the claim accrues. For a specific accident, that usually means three years from the injury date. Different accrual rules can apply to occupational diseases and cumulative injuries.

What if my railroad injury developed over time?

FELA can cover occupational diseases and cumulative-trauma injuries when the required connection to railroad negligence is established. The three-year filing period generally begins when the worker knew or reasonably should have known both of the condition and its work-related cause.

Can a FELA case be filed in Texas state court?

Yes. FELA gives state and federal courts concurrent jurisdiction over these claims. The available court and venue depend on the federal jurisdiction and venue rules that apply to the case.

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September 18, 2026 by Bailey & Galyen

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