31Mar 2026
The Federal Employers’ Liability Act (“FELA”) was first enacted by our United States Congress in 1908 to protect railroad workers. The FELA governs the right to compensation for damages and injuries suffered by railroad employees injured on the job. Unlike state workers compensation statutes, this Federal law requires proof of negligence or certain statutory violations by the railroad employer before an employee will be compensated for loss of earnings and other damages. Also, unlike workers compensation laws the FELA grants the parties a right to a jury trial. Under certain circumstances, depending on the facts of the case, the railroad can be held absolutely liable which means that the injured worker need not show negligence on the part of the railroad. If absolute liability applies, then the worker’s damages cannot be reduced by any comparative negligence on his or her part. The FELA is a unique law and may involve complex issues. The railroad industry is one with its own “jargon” and customs. As an injured employee or the dependent of a deceased worker who died as the result of a work related injury or illness, we believe it is essential that you consult with an experienced and caring FELA lawyer. In fact it is not uncommon for FELA lawyers to be consulted by attorneys from other jurisdictions who are faced with a railroad employee injury.
Have you or a loved one been injured as an employee of a railroad company in Ohio, New York, or Pennsylvania? Our lawyers can help! Contact our FELA Injury Lawyers Brian Reddy, Mark Baran, Don Kral or Ryan Gembala. For a New York FELA Injury Lawyer contact Brian Reddy and for a Pennsylvania Injury Lawyer contact Mark Baran. In addition, we have worked on cases in many other states with co-counsel.
WHO IS PROTECTED BY THE FELA?
Employees of railroads engaged in interstate commerce are protected by the FELA. Interstate commerce is very broadly interpreted with the result that most railroad employees are covered under this law. Generally, workers will be covered while actively working such as operating a locomotive or maintaining track. Workers can also be covered while being transported in company provided vans or while staying at company provided lodging.
In general, the injured employee must be able to show injury as a result of the railroad’s, or its agent’s negligence. Recovery can also be based on the railroad’s failure to comply with certain safety laws or regulations such as the Federal Safety Appliance Act or the Federal Locomotive Inspection Act. Under some circumstances, even if the railroad was negligent, the worker’s recovery for loss of earnings and other damages may be reduced in proportion to the worker’s comparative negligence (see glossary). If a railroad worker is injured while being transported in a company provided vehicle or staying at a hotel for work, the “Limo” company or hotel may also be considered agents of the railroad. If these agents are negligent, then the railroad is responsible to its employees for any injury occurring as a result of such negligence.
Railroad corporations have had 100 years (since 1908) to refine their legal techniques through its claims departments to avoid, deter, and often unfairly limit financial responsibility for injuries to their hard-working railroad employees. It is essential that you work with an experienced FELA injury lawyer to identify issues that may otherwise be overlooked. Most experienced FELA attorneys will not recover any fees or expenses unless your claim is successful and you recover compensation for damages. This is known as a “contingency fee.” (see glossary)
Railroads employ highly-trained “claim agents” that usually work under the Law Departments to investigate on-duty work injuries, gather evidence to protect the company assets, and defend the railroad from work injuries to its employees. Generally, railroad claim agents will attempt to obtain statements from the injured worker and may try to convince the employee or the employee’s family, they do not need to discuss their injury with an experienced FELA lawyer. This pressure, and imbalance of knowledge, limits protection of legal interests and, more importantanly, prevents the worker, and their family, from learning all of his or her legal rights and remedies.
A railroad worker, (or his/her family), faced with injury will be outmatched by the extensive training and negotiation techniques that are provided to railroad claims agents through schools and programs tailored by the railroads and taught through the industry lobbying group, the American Association of Railroads (“AAR”). Unless the railroad worker is a former claim agent of the railroad, he or she, and their families, will not have the knowledge, experience, or resources of the railroad and its claims department. A discussion with an experienced FELA injury attorney will answer questions and may help resolve the uncertainties faced by injured railroaders. An experienced and competent FELA injury attorney should be respectful of your concerns, should not pressure you into decisions, and should work for YOU in the best interests of you and your family.
Have you or a loved one been injured as an employee of a railroad company in Ohio, New York, or Pennsylvania? Our lawyers can help! Contact our FELA Injury Lawyers Brian Reddy, Mark Baran, Don Kral or Ryan Gembala. For a New York FELA Injury Lawyer contact Brian Reddy, for a Pennsylvania Injury Lawyer contact Mark Baran and for a Minnesota Injury Lawyer contact Ryan Gembala. In addition, we have worked on cases in many other states with co-counsel.
