Understanding FELA: Your Rights as a Railroad Worker

If you’ve been injured on the job as a locomotive engineer or trainman, you have powerful legal protections under federal law. This guide breaks down the Federal Employers’ Liability Act (FELA) in simple terms. We’ll explain what it is, how it works, why it’s different from typical workers’ compensation, and how to protect yourself. Our goal is to empower you with clear, practical knowledge so you can focus on recovery while knowing your options.

Quick Note: This is general information based on current law as of September 2025—not legal advice. FELA cases are complex, so always consult an experienced attorney early. The Brotherhood of Locomotive Engineers and Trainmen (BLET) recommends starting with one of our Designated Legal Counsel (DLC) attorneys, who specialize in railroad injuries. These are approved law firms with proven expertise in FELA claims. You can find a full list through your BLET Local Chairman or on blet.org.

What is FELA? A Quick History and Overview

The Federal Employers’ Liability Act (FELA) is a landmark federal law passed by Congress on April 22, 1908. It was created after years of deadly accidents in the railroad industry—over 3,000 workers died annually at the time due to unsafe conditions, faulty equipment, and overwork. FELA holds railroand covers injuries from accidents, repetitive stress, or exposure (e.g., hearing loss from noise or cancer from diesel fumes).

It’s not automatic like workers’ comp—you must prove the railroad was at least partly at fault.

FELA covers you from the moment you clock in until you clock out, including time on locomotives, in yards, or during training.

Unlike state workers’ compensation laws (which railroads don’t use), FELA gives you the right to a jury trial in state or federal court. This means everyday people—not just insurance adjusters—decide if you’re owed compensation.

How Does Negligence Work Under FELA?

At its core, FELA is about negligence: the railroad’s failure to provide a safe workplace. Courts define this as not using “reasonable care” to protect you. You don’t need to prove the railroad was the only cause of your injury—just that their mistake played any role, even a small one.

Common Examples of Railroad Negligence

Unsafe Workplace: Slippery walkways, poor lighting in yards, or unsecured equipment that causes falls.

Faulty Tools or Equipment: Defective brakes, worn-out handholds, or malfunctioning locomotives (e.g., a sander that fails during slippery conditions).

Inadequate Help or Training: Forcing solo operation on heavy tasks, skipping safety briefings, or not providing enough crew members.

Other Issues: Ignoring known hazards like chemical spills, excessive overtime leading to fatigue, or failure to maintain tracks/bridges.

Key Rule: The railroad’s fault doesn’t have to be the “sole cause.” If it’s even 1% responsible, you can file a claim. For instance, if you slip on ice because the railroad didn’t salt the platform, that’s negligence—even if you were rushing.

This low bar makes FELA worker-friendly, but railroads often fight hard, claiming “no fault” or blaming you entirely.

Comparative Fault: Sharing Responsibility

FELA uses comparative negligence, meaning if you’re partly at fault, your award is reduced by your share—but you still get paid for the railroad’s part.

Simple Example

Total damages from your back injury: $100,000 (medical bills, lost wages, pain).

Jury finds railroad 75% at fault (e.g., poor training) and you 25% (e.g., not using safety gear properly).

Your net award: $75,000 (75% of $100,000).

If the railroad is found 0% at fault, you get nothing. But juries often side with workers when evidence shows shared blame.

Filing a FELA Claim: Steps and Timeline

Report the Injury Immediately: Notify your supervisor in writing (email or form) within 30 days. Get medical treatment right away—delays can hurt your case.

Gather Evidence: Take photos, note witnesses, keep doctor’s notes, and save pay stubs showing lost time.

Consult a Lawyer: Don’t sign anything from the railroad without one—they may offer quick, low settlements.

File the Lawsuit: In state or federal court. A jury hears your case unless you settle.

Deadline: You have 3 years from the injury date (or when you discovered it) to sue. For hidden injuries (e.g., hearing loss from years of noise), the clock starts when you “should have known.”

Most cases settle before trial (90%+), but your lawyer can push for court if the railroad lowballs you.

What Damages Can You Recover Under FELA?

Unlike workers’ comp’s fixed schedules (e.g., $X per week for a broken arm), FELA lets a jury award full compensation based on your real losses. No caps on amounts, so recoveries can reach millions for severe cases.

Types of Damages (What You Can Claim)

Economic Damages (Tangible Losses):

Past and future medical bills (surgeries, therapy, meds).

Lost wages (from time off) and earning capacity (if you can’t return to full work).

Out-of-pocket costs (travel to doctors, home modifications).

Non-Economic Damages (Intangible Harm):

Pain and suffering (physical discomfort, emotional stress).

Loss of enjoyment of life (e.g., can’t hunt or play with kids anymore).

Future pain and suffering (ongoing issues from a permanent injury).

Punitive Damages (Rare): Extra if the railroad’s conduct was reckless (e.g., ignoring known dangers).

Real-World Example

A conductor with a knee injury from a faulty step might get $50,000 for medical/lost pay + $100,000 for pain + $200,000 for future limitations = $350,000 total (before any fault reduction).

Why FELA Awards Are Often Higher Than Workers’ Comp

Workers’ comp (not available for railroads) limits benefits to a set formula, often excluding pain/suffering and capping totals. FELA:

Covers more losses (e.g., emotional harm).

Allows uncapped amounts based on evidence.

Gives you a jury’s perspective, not an insurance formula.

Average FELA settlements: $100,000–$500,000 for moderate injuries; millions for life-altering ones. But railroads investigate aggressively to cut costs—hiring the right lawyer levels the field.

Railroad Tactics and How to Protect Yourself

Railroads like Norfolk Southern spend billions on defenses. Common tricks:

Quick “nuisance” settlements ($10K–$20K) to avoid court.

Blaming you (e.g., “You were careless”) or claiming no negligence.

Delaying claims to pressure you while bills pile up.

Tips to Fight Back:

Never give a recorded statement without a lawyer.

Don’t accept money or sign releases early.

Document everything—it’s your best evidence.

How the BLET Helps: Designated Legal Counsel (DLC)

FELA is a niche area of law, so the BLET designates experienced attorneys nationwide as Designated Legal Counsel (DLC). These are top-tier firms, all members of the Academy of Rail Labor Attorneys (ARLA), with:

100+ years of combined FELA experience.

Success against major railroads.

Free consultations and contingency fees (no win, no fee).

DLC attorneys provide:

Guidance on claims, Railroad Unemployment Insurance Act (RUIA), and more.

Aggressive representation to maximize your recovery.

Contact your BLET Local Chairman for the nearest DLC or visit blet.org for the full list. 

Remember: Take your time choosing. Ask about their track record, fees (capped at 25-33% of recovery), and references. You’re in control.

Stay safe, stay informed—FELA is your shield. For questions, reach out to your Local Chairman.

Copyright © 2025 BLET General Committee of Adjustment 810 (GCA 810). All rights reserved.

This material is prepared by ELB for informational purposes only and is intended solely for the use of BLET members and representatives. No part of this document may be reproduced, distributed, or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without prior written permission from BLET GCA 810.

The information provided herein is based on current laws, regulations, and collective bargaining agreements as of September 2025, and is subject to change. BLET GCA 810 disclaims any liability for errors, omissions, or reliance on this content. For official advice, consult your BLET local chairman or legal counsel.