Railroad work can expose employees to moving trains, heavy equipment, hazardous materials, repetitive physical strain, and dangerous worksite conditions. When unsafe equipment, inadequate training, poor maintenance, or another form of railroad negligence causes an injury, the effects can reach far beyond the workplace.
Railroad employees are treated differently from many other injured workers. Instead of relying on a traditional state workers’ compensation claim, many railroad workers are protected by the Federal Employers’ Liability Act (FELA). FELA allows a covered railroad employee to bring a negligence lawsuit against their railroad employer when the railroad’s negligence caused or contributed to a work-related injury.
The Texas railroad injury lawyers at Bailey & Galyen help injured workers understand how FELA applies and also help them preserve important evidence and bring legal claims to obtain compensation for their injuries. Bailey & Galyen has served clients across Texas since 1982 with large-firm resources and personal attention. We offer a free initial consultation to railroad workers with potential FELA claims.
What Is the Federal Employers’ Liability Act?
The Federal Employers’ Liability Act (FELA) is a federal law that allows a covered railroad employee to pursue compensation when railroad negligence causes or contributes to a work-related injury or death (45 U.S.C. § 51). FELA generally applies to employees of common-carrier railroads engaged in interstate commerce. Covered workers can include engineers, conductors, track workers, signal maintainers, machinists, carmen, yard workers, and other employees whose duties support interstate railroad operations.
Unlike workers’ compensation, FELA is not a no-fault system. The employee must show that the railroad failed to use reasonable care and that the railroad’s negligence contributed to the injury. Railroad negligence can involve unsafe or poorly maintained equipment, dangerous track or yard conditions, inadequate training or supervision, unsafe work procedures, insufficient staffing, or a failure to comply with applicable safety requirements. The Safety Appliance Act (49 U.S.C. §§ 20301–20306) and the Locomotive Inspection Act (49 U.S.C. §§ 20701–20703) set federal equipment and inspection standards, and a proven violation of either statute can establish railroad negligence as a matter of law in a FELA case, depending on the equipment and circumstances involved.
How Is FELA Different From Workers’ Compensation?
FELA is a federal negligence law, not a traditional workers’ compensation program. Workers’ compensation generally provides statutory benefits without requiring an employee to prove employer negligence.A FELA claim requires evidence that the railroad was negligent and that the negligence contributed to the injury.
When supported by the evidence, FELA allows recovery for a broader range of losses than a worker can obtain with a workers’ comp claim, including medical expenses, lost wages, reduced earning capacity, pain and suffering, physical impairment, and disfigurement. An injured railroad employee may file a FELA lawsuit in state or federal court, since FELA gives both concurrent jurisdiction over these claims (45 U.S.C. § 56). If the case proceeds to trial, a jury can decide whether the railroad is liable and if so, what damages to award.
What Should You Do After a Railroad Injury?
After a railroad injury, report it through the required procedure, get medical care, preserve evidence, and be careful about the statements you give to claims representatives. Each step can affect both your health and the evidence available in a later claim.
Report the Injury
Report the injury through the railroad’s required procedure and make sure an injury report is completed. Keep copies of any reports or written statements you provide. If your condition developed gradually, such as hearing loss or a repetitive-trauma injury, document when symptoms began and when you first learned they might be connected to your work.
Get Medical Care
Seek medical attention and explain to the healthcare provider how the injury happened or why you believe the condition may be work-related. Follow treatment recommendations and keep copies of medical records, work restrictions, and bills.
Preserve Evidence
When possible, save photographs, witness information, work assignments, equipment information, written communications, and other evidence related to the incident. Equipment can be repaired, work areas can change, and witnesses can become harder to locate over time.
Be Careful With Statements and Documents
Railroad claims representatives may ask you to describe what happened or provide a recorded statement. Avoid guessing about fault, equipment conditions, or the extent of an injury. Before signing a release, settlement agreement, or other claim-related document, make sure you understand what it means and how it may affect your rights.
Common Causes of Railroad Worker Injuries
Railroad injuries can result from many different workplace hazards.
Unsafe Equipment and Work Areas
Problems involving locomotives, railcars, switches, brakes, tools, or machinery can lead to crushing injuries, falls, and other accidents. Dangerous yard and track conditions, including poor lighting, debris, uneven walking surfaces, defective track, and inadequate clearance, can also place workers at risk.
Training, Staffing, and Work Procedures
Inadequate training, poor supervision, insufficient staffing, or unsafe work procedures can contribute to an accident. Evidence may include how the work was assigned, what instructions employees received, whether adequate personnel were available, and whether applicable railroad safety requirements were followed.
Repetitive Work and Hazardous Exposure
Not every railroad injury results from one sudden event. Repeated lifting, vibration, awkward movements, and overexertion can cause cumulative-trauma injuries over time. Railroad employees may also be exposed to diesel exhaust, asbestos, silica, solvents, excessive noise, and other substances that can contribute to occupational illness.
Common Railroad Injuries
Railroad accidents and occupational exposures can cause both sudden injuries and conditions that develop gradually. Common examples include:
- Back and spinal injuries
- Head and brain injuries
- Broken bones
- Crush injuries and amputations
- Shoulder and knee injuries
- Burns
- Hearing loss
- Repetitive-trauma injuries
- Respiratory illnesses
- Occupational diseases
An injury or diagnosis by itself does not establish a FELA claim. The worker must also establish the required connection between the injury and railroad negligence or another applicable basis for liability under federal railroad law.
Contact Bailey & Galyen to discuss your situation and learn what options may be available. The firm offers free consultations for railroad injury matters, and someone is available 24/7 to help you get started.
What Compensation Can You Recover Under FELA?
FELA allows an injured railroad worker to recover economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering and physical impairment. The exact amount depends on the injury, the evidence, and the losses caused by the accident or occupational condition.
Economic damages can include:
- Past and reasonably necessary future medical expenses
- Past lost wages
- Loss of future earning capacity
- Other supported financial losses related to the injury
Non-economic damages can include:
- Physical pain and suffering
- Physical impairment
- Disfigurement
When a railroad worker dies from a covered work-related injury, FELA also provides a claim for the benefit of certain surviving family members. The available damages and eligible beneficiaries depend on the circumstances.
There is no fixed formula for determining the value of a FELA claim. The evidence concerning negligence, comparative fault, medical treatment, lost income, future limitations, and other losses determines what damages may be supported in a particular case.
Can You Recover If You Were Partly at Fault?
Yes. Being partly responsible for causing the accident that injured you does not automatically prevent recovery under FELA. FELA follows a comparative negligence rule (45 U.S.C. § 53). If both the railroad and the employee were negligent, the employee’s damages are reduced by the percentage of negligence assigned to the employee. For example, if a jury determines that the worker sustained $100,000 in damages and finds the worker 20% responsible, the damages would be reduced to $80,000.
The FELA rule differs from the modified comparative responsibility rule that generally applies in Texas personal injury cases, which bars recovery entirely once a claimant’s share of fault exceeds 50% (Tex. Civ. Prac. & Rem. Code § 33.001). FELA allows recovery regardless of the degree of the injured party’s fault. In addition, a worker’s damages may not be reduced, even in situations where the worker was partially at fault for causing the accident, if the accident resulted from the railroad’s violation of a federal railroad safety statute.
How Long Do You Have to File a FELA Claim?
A FELA lawsuit generally must be filed within three years after the claim accrues (45 U.S.C. § 56). For an injury caused by a specific accident, the three-year period generally begins on the date of the injury. For an occupational disease or cumulative-trauma injury that develops over time, the deadline generally begins when the worker knew or reasonably should have known both that the condition existed and that it was connected to railroad employment.
Filing an internal injury report or participating in the railroad’s claims process does not by itself extend the federal filing deadline. Because the date a claim accrues can become disputed in gradual-injury cases, the timing of the symptoms, diagnosis, and connection to railroad work may become important.
How Can a Texas FELA Lawyer Help?
FELA claims can involve railroad safety rules, equipment records, witness testimony, medical evidence, and disputes about how the injury occurred. A railroad injury lawyer can investigate the accident, identify evidence of railroad negligence, review maintenance and inspection records, and determine whether federal railroad safety laws may apply.
An attorney can also gather medical and wage documentation, preserve witness and workplace evidence, respond to allegations that the worker contributed to the accident, and communicate with railroad claims representatives. If the claim cannot be resolved, a lawyer can prepare the FELA lawsuit and represent the worker through litigation.
Contact Bailey & Galyen About a Railroad Injury
A railroad injury can affect your health, your income, and your ability to continue working. If railroad negligence caused or contributed to an injury, FELA may provide a way to pursue compensation. Our attorneys can listen to what happened, explain how FELA generally works, and discuss possible next steps.
Call Bailey & Galyen to schedule a free consultation about a Texas railroad injury. The firm offers free consultations for railroad injury matters, and someone is available 24/7 to help you get started. Hablamos español en nuestra oficina.
Frequently Asked Questions About Railroad Injury Claims
1. 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.
2. 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.
3. 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.
4. 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.
5. 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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