- FELA generally replaces workers' comp for railroad workers, covering proven lost earnings, medical costs, and pain and suffering.
- Workers must show railroad negligence contributed, even slightly, to the injury.
- Worker fault reduces the award proportionally but does not bar the claim.
- A contributing railroad safety-statute violation bars that reduction.
- File suit within three years of accrual. Early evidence often shapes the claim.
Most injured railroad workers expect a workers’ comp check under state workers compensation laws. Under the Federal Employers’ Liability Act (the FELA Act), that check never comes. Interstate railroad workers generally fall outside state workers’ compensation. Instead, FELA, 45 U.S.C. §§ 51 through 60, lets them sue for proven damages. They must prove railroad negligence that played any part in the injury.
This guide covers who FELA protects, what must be proved, fault and safety violations, the three-year deadline, and first steps.
This article provides general information about federal law and is not legal advice.
What Is the FELA Act, and Why Does It Replace Workers’ Comp for Railroad Workers?
FELA, the Federal Employers Liability Act, enacted April 22, 1908, makes railroads liable for worker injuries caused by their negligence. For most railroad workers it replaces workers’ comp with a lawsuit and damages measured by a jury, as the firm’s overview of how federal law governs railroad worker injury claims explains.
Why Congress Chose a Fault System Instead of a Benefits Schedule
Section 51 makes a railroad liable for injury or death “resulting in whole or in part” from its negligence or equipment defects Office of the Law Revision Counsel. The 1939 amendments statutory notes to Title 45, chapter 2 broadened coverage, expanded the abolition of assumption of risk, extended the deadline from two years to three, and added § 60.
How FELA Differs From Workers’ Compensation
In California, temporary disability pays two-thirds of lost gross wages within statutory limits California Division of Workers’ Compensation. Unlike no-fault workers compensation systems, the FELA statute has no statutory cap on compensatory damages. FELA juries may award past and future medical care, earnings, and pain and suffering, as the firm’s article on compensation for railroad injuries explains.
| Feature | FELA | State workers’ comp |
|---|---|---|
| Fault required | Railroad negligence or safety violation | Generally no-fault |
| Recovery | Proven compensatory damages | Statutory medical and disability benefits |
| Pain and suffering | Available | Generally not available |
| Who decides | Judge and jury | State agency |
| Filing deadline | Three years from accrual | Varies by state |
| Forum | State or federal court | State comp system |
Who Does FELA, the Federal Employers’ Liability Act, Protect?
FELA protects railroad workers employed by large railroads and other railroads engaged in interstate or foreign commerce and, after a fatal injury, their families.
Railroad Workers Covered by the Statute
Since 1939, 45 U.S.C. § 51 has covered workers whose duties further interstate commerce or “in any way directly or closely and substantially” affect it. Under Kelley v. Southern Pacific Co., 419 U.S. 318 (1974), another company’s employee is covered only if the railroad controlled or could control the work.
Families Who May Bring a Claim After a Death
Under § 51, the personal representative sues for the spouse and children, then parents, then dependent next of kin. Under § 59, the worker’s injury claim survives, but “there shall be only one recovery for the same injury.” In wrongful death claims, damages cover only pecuniary losses see FELA damages.
Where a FELA Claim Can Be Filed
Under § 56, a worker may sue in federal district court where the railroad resides, the claim arose, or it does business when suit is filed, and state courts have concurrent jurisdiction over FELA claims. Under 28 U.S.C. § 1445(a), FELA cases filed in state court cannot be removed to federal courts. BNSF Railway Co. v. Tyrrell, 581 U.S. 402 (2017), requires personal jurisdiction over the railroad. See the FELA claims process.
What Must a Railroad Worker Prove Under the Federal Employers’ Liability Act?
To bring a successful claim, a worker must prove duty, breach, causation, and damages, but FELA relaxes causation.
Negligence Is Still Required
The railroad must provide a reasonably safe workplace, a continuing duty under Bailey v. Central Vermont Ry., 319 U.S. 350 (1943). Gallick v. Baltimore & Ohio R. Co., 372 U.S. 108 (1963), places foreseeability inside breach. FELA is not strict liability.
The Relaxed Causation Standard
Rogers v. Missouri Pacific R. Co., 352 U.S. 500 (1957), asks whether employer negligence played any part, “even the slightest,” in the injury. CSX Transportation, Inc. v. McBride, 564 U.S. 685 (2011), rejected proximate cause instructions. Still, a judge can keep an unsupported theory from the jury.
How Does Comparative Fault Work Under the FELA Act?
Under § 53, worker negligence reduces damages proportionally without barring recovery.
Fault Reduces the Award but Does Not Erase the Claim
At $1,000,000 in damages and 20% worker fault, the worker keeps $800,000 under 45 U.S.C. § 53. Norfolk Southern Ry. v. Sorrell, 549 U.S. 158 (2007), applies one causation standard to both sides.
Why Assumption of Risk Is Not a Defense
Section 54 bars assumption of risk. A dangerous assignment is not fault. Careless work can be.
What the Railroad Must Prove to Reduce the Award
The railroad proves worker fault by a preponderance, per the Ninth Circuit's Model Instruction 6.1.
What Happens When the Railroad Violates a Safety Statute?
A contributing safety statute violation relieves the worker of proving negligence. Section 54 bars assumption of risk.
Safety Appliance Act and Locomotive Inspection Act Violations
The Federal Safety Appliance Act (49 U.S.C. §§ 20301 through 20306) and the Locomotive Inspection Act (49 U.S.C. §§ 20701 through 20703) impose absolute duties on couplers, handbrakes, grab irons, and locomotives. In O'Donnell v. Elgin, Joliet & Eastern Ry., 338 U.S. 384 (1949), a failed coupler proved a violation despite diligence. Coray v. Southern Pacific Co., 335 U.S. 520 (1949), held that the duty is absolute and protects any worker injured by the defect, even one killed while not operating the defective brakes. The worker need not prove negligence, only the violation and that it contributed to the injury.
Why a Safety Violation Strips the Comparative Fault Defense
Under § 53, no worker "shall be held to have been guilty of contributory negligence" where a safety statute violation "contributed to the injury or death." The worker must still prove both.
Where Federal Railroad Administration Regulations Fit
Under 45 U.S.C. § 54a, regulations issued under 49 U.S.C. chapter 201, such as 49 C.F.R. Part 213 (track) and Part 229 (locomotives), count as statutes for §§ 53 and 54.
What Should an Injured Railroad Worker Do Early to Protect a FELA Claim?
Early steps matter before taking legal action. See the role of FELA attorneys.
The Three-Year Filing Deadline
45 U.S.C. § 56 requires suit within three years. Under Urie v. Thompson, 337 U.S. 163 (1949), disease claims accrue once a work-related injury is or should be known, shaping respiratory injury claims. Negotiations do not toll it, and the rule shapes occupational disease claims as well. Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231 (1959), allows only a narrow misleading-conduct exception.
Reporting the Injury and Dealing With the Claim Agent
The Federal Railroad Safety Act, 49 U.S.C. § 20109, bars retaliation for injury reports and interference with medical care whistleblower protections for reporting unsafe conditions. Section 60 voids rules suppressing injury information. Claim agents serve the railroad, and a railroad claims agent is not neutral. Section 55 voids liability waivers, but Callen v. Pennsylvania R. Co., 332 U.S. 625 (1948), lets a genuine compromise of a disputed claim bind workers, so review railroad injury settlements first.
Records Worth Preserving From Day One
Under 49 C.F.R. § 225.25(c), workers may request their injury record, which will be either Form FRA F 6180.98 or the railroad’s alternative railroad-designed record, depending on which system the railroad uses. Medical documentation drives damages proof. Preserve early:
- Injury report copy
- Witness contacts
- Safe photos of location and equipment
- Car, locomotive, train, and job numbers
- Date, time, weather, lighting
- Medical records, restrictions, bills, and wage losses
- Prior hazard complaints
- Proposed statements, releases, settlements
Questions Railroad Workers and Families Ask About FELA
What does FELA stand for?
FELA Federal Employers Liability Act, 45 U.S.C. §§ 51 through 60, lets workers injured by railroad negligence sue for damages instead of taking workers’ comp, as the U.S. Code provides.
How is a FELA claim filed?
File a complaint in an eligible state or federal court, generally within three years of accrual under § 56. Talks with claim agents do not preserve the claim, and a railroad claim agent cannot extend the deadline. Neither does the railroad’s FRA report, due 30 days after month-end under 49 C.F.R. § 225.11.
What are the four proofs of negligence in a FELA case?
Duty, breach, causation, and damages. Under McBride, causation is met if railroad negligence played any part in the injury.
When does the three-year deadline start for a disease that developed over years?
When the worker knew, or should have known, of the injury and its link to railroad work, under Urie v. Thompson. Diagnosis is not automatically the trigger.
Can a railroad fire a worker for reporting an injury?
No. The FRSA bars retaliation for reporting an injury or seeking treatment. Complaints go to OSHA within 180 days of notice of the adverse action, per the OSHA railroad whistleblower fact sheet. Without a final OSHA decision in 210 days, absent worker bad faith, OSHA’s FRSA rule allows a federal court suit.
Can a FELA claim be brought if the worker was partly at fault?
Yes, if railroad negligence also contributed, whether the case is in state court or federal court. Under § 53, worker fault reduces damages, except when a safety statute violation contributed.
What the FELA Act Gives an Injured Railroad Worker, and What It Still Requires
The FELA Act gives railroad workers uncapped compensatory damages, a lenient causation test, and comparative fault, waived when a safety violation contributed. It creates no presumption. Workers must still prove negligence and file on time.
Hoey, Farina & McMahon, P.C. handles FELA and railroad injury claims nationwide from Chicago.
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This article is provided for general information and is not legal advice. Reading it does not create an attorney client relationship. Legal outcomes depend on the facts of each case, and past results do not guarantee a similar outcome. If you were injured working on the railroad, discuss your situation with qualified counsel or a legal team for legal assistance.
