The Federal Employers’ Liability Act, commonly called FELA, is a federal law that allows qualifying railroad employees to pursue compensation when their employer’s negligence causes or contributes to a work-related injury or occupational illness.
Unlike a traditional workers’ compensation system, FELA does not automatically provide benefits simply because an injury happened at work. The injured employee must establish that the railroad, one of its employees, or another legally responsible party was negligent and that the negligence played a part in causing the injury.
What Is the Federal Employers’ Liability Act?
Congress enacted the Federal Employers’ Liability Act in 1908 to create a federal remedy for railroad employees injured because of employer negligence.
Under 45 U.S.C. § 51, a covered railroad may be liable when an employee’s injury or death results, in whole or in part, from the negligence of the railroad or its officers, agents, or employees.
FELA is primarily intended for employees of interstate railroad carriers. Whether the law covers a particular person depends on the employer, employment relationship, job duties, and connection between the work and interstate railroad operations.
What Does FELA Stand For?
FELA stands for the Federal Employers’ Liability Act.
The law is sometimes incorrectly called the Federal Employee Liability Act or Federal Employers Liability Act. Its formal name uses “Employers’” because it imposes potential liability on covered railroad employers.
Who Is Covered by FELA?
FELA generally covers qualifying employees of common-carrier railroads engaged in interstate or foreign commerce.
Potentially covered railroad occupations include:
- Conductors
- Engineers
- Brakemen
- Switch operators
- Signal maintainers
- Track inspectors
- Maintenance-of-way employees
- Yard workers
- Dispatchers
- Railroad mechanics
- Locomotive and car repair employees
- Other workers whose duties further or substantially affect interstate rail commerce
A person does not automatically qualify merely because the injury occurred near railroad property. The person’s employment relationship with the railroad is an important part of the analysis.
Independent contractors, subcontractors, and employees of businesses that provide services to a railroad may face more complicated coverage questions. In limited circumstances, a worker may argue that the railroad functioned as a borrowing or supervising employer, but that determination depends heavily on the facts.
What Types of Railroad Injuries Can Lead to a FELA Claim?
FELA can apply to traumatic accidents as well as occupational illnesses that develop after repeated exposure or years of railroad work.
Examples include:
- Train collisions or derailments
- Falls from railroad cars, ladders, or elevated surfaces
- Slip-and-fall accidents in rail yards
- Injuries caused by defective tools or equipment
- Accidents involving switches, tracks, or coupling equipment
- Crushing injuries between rail cars
- Lifting and overexertion injuries
- Repetitive-motion injuries
- Back, neck, and spinal cord injuries
- Traumatic brain injuries
- Hearing loss caused by excessive noise
- Respiratory conditions caused by dust or chemical exposure
- Illnesses associated with asbestos, diesel exhaust, or toxic substances
- Injuries caused by inadequate training or supervision
- Assaults or foreseeable workplace violence under certain circumstances
- Fatal railroad accidents
Coverage depends on whether employer negligence or another legally recognized violation contributed to the injury. FELA is not a general benefit program for every medical condition experienced by a railroad employee.
What Must an Injured Railroad Worker Prove?
A successful FELA claim generally requires the employee to establish four basic elements:
- The railroad is covered by FELA.
- The worker was a qualifying railroad employee acting within the scope of employment.
- The railroad was negligent or violated an applicable safety duty.
- That negligence caused or contributed to the employee’s injury.
The employee does not necessarily have to prove that the railroad was the only cause of the injury. The United States Supreme Court has explained that FELA uses a more relaxed causation standard than ordinary common-law negligence when the railroad’s negligence played a part, even a small part, in producing the injury.
This lower causation threshold does not eliminate the negligence requirement. The employee must still present evidence connecting a negligent act or unsafe condition to the injury.
What Are Examples of Railroad Employer Negligence?
Railroad negligence may involve an unsafe action, an unreasonable failure to act, or a violation of a safety requirement.
Examples may include:
- Failing to maintain tracks, rail cars, tools, or equipment
- Allowing oil, debris, ice, or other hazards to remain in work areas
- Requiring employees to use defective equipment
- Providing inadequate lighting
- Failing to establish or enforce reasonable safety procedures
- Failing to warn employees about known hazards
- Assigning too few employees to perform a dangerous task
- Failing to provide appropriate training or supervision
- Requiring employees to use unsafe lifting methods
- Exposing workers to excessive noise or toxic substances
- Failing to provide suitable protective equipment
- Allowing unsafe work practices to continue
- Negligently hiring or retaining an unsafe employee
- Failing to protect employees from foreseeable misconduct
The railroad’s duty is based on reasonable care. An accident alone does not automatically establish that the employer was negligent.
FELA vs. Workers’ Compensation
FELA and workers’ compensation both address employment-related injuries, but they operate differently.
| Issue | FELA | Traditional workers’ compensation |
|---|---|---|
| Workers covered | Qualifying railroad employees | Employees covered by applicable state or federal programs |
| Need to prove fault | Yes, railroad negligence or a qualifying violation must contribute | Usually no employer negligence requirement |
| Where the claim proceeds | Settlement negotiations or a civil lawsuit | Administrative benefit system |
| Pain and suffering | May be recoverable | Generally not available |
| Lost wages | May include past and future wage losses | Usually paid according to statutory benefit formulas |
| Employee’s partial fault | May reduce damages | Usually not calculated as comparative fault |
| Right to a jury trial | Available when the case proceeds in court | Generally unavailable in the benefit proceeding |
| Filing deadline | Generally three years from accrual | Varies by jurisdiction and benefit program |
The Supreme Court has emphasized that FELA is a negligence-based statute, not a workers’ compensation law.
A railroad employee should not assume that a state workers’ compensation claim is the correct remedy. An attorney familiar with railroad injury law can determine which statute or benefit system applies.
How Does Comparative Negligence Work Under FELA?
An injured railroad worker’s partial fault does not necessarily prevent recovery.
Under 45 U.S.C. § 53, damages may be reduced in proportion to the negligence attributed to the employee.
For example, suppose a jury determines that:
- The worker’s total damages are $500,000.
- The railroad was 80% responsible.
- The employee was 20% responsible.
The employee’s award may be reduced by 20%, resulting in a recovery of $400,000.
This example is only an illustration. The actual calculation depends on the evidence, court instructions, applicable safety laws, and findings made in the case.
FELA also provides additional protection when the railroad’s violation of a federal employee-safety statute contributes to the injury. In that situation, the employee may not be treated as contributorily negligent under the rule stated in Section 53.
Can a Railroad Argue That the Worker Assumed the Risk?
FELA restricts the use of assumption of risk as a defense.
Under 45 U.S.C. § 54, an employee is not considered to have assumed the risks of employment when the injury or death resulted in whole or in part from negligence covered by FELA.
In practical terms, a railroad generally cannot avoid responsibility merely by arguing that dangerous work is an accepted part of railroad employment. This is different from comparative negligence, which examines whether the employee’s own conduct contributed to the injury.
What Damages Are Available in a FELA Claim?
An injured railroad employee may seek compensation for losses caused by the workplace injury.
Recoverable damages may include:
- Past and future medical expenses
- Past lost wages
- Reduced future earning capacity
- Physical pain and suffering
- Mental and emotional suffering associated with the injury
- Permanent disability
- Disfigurement
- Loss of normal life or enjoyment of activities
- Other provable losses caused by the injury
The available damages depend on the evidence and the circumstances of the case. FELA does not provide a predetermined benefits schedule comparable to most workers’ compensation systems.
The employee must document the nature of the injury, required treatment, work restrictions, wage losses, and long-term prognosis. Medical experts, vocational specialists, economists, and other professionals may be needed in cases involving permanent impairment or future losses.
Does FELA Cover Fatal Railroad Accidents?
Yes. FELA allows a qualifying representative to pursue a wrongful death claim when railroad negligence causes or contributes to an employee’s death.
The action is generally brought by the deceased worker’s personal representative for the benefit of eligible surviving family members identified by the statute. Recoverable compensation may depend on the financial losses suffered by those beneficiaries.
The rules governing beneficiaries and recoverable damages are legally specific. Families affected by a fatal railroad accident should consult an attorney promptly rather than relying on ordinary state wrongful death rules.
How Long Do You Have to File a FELA Claim?
A FELA lawsuit generally must be commenced within three years after the claim accrues under 45 U.S.C. § 56.
For a specific accident, the deadline commonly begins on the injury date. Determining when the limitation period starts can be more complicated for occupational diseases, cumulative trauma, hearing loss, or toxic exposure because the condition may develop gradually.
Reporting an injury to the railroad, submitting an internal accident form, or participating in claim discussions does not necessarily constitute filing a lawsuit or stop the statute of limitations. An injured employee should obtain legal advice well before the three-year period approaches.
Where Can a FELA Lawsuit Be Filed?
FELA gives state and federal courts concurrent jurisdiction over qualifying claims. This means an injured worker may have the option to file in either court system, subject to jurisdiction and venue requirements.
The proper location may depend on:
- Where the railroad resides
- Where the accident occurred
- Where the railroad conducts business
- Where witnesses and evidence are located
- Other procedural requirements
The choice of court can affect case management, jury selection, scheduling, and litigation strategy. A railroad injury attorney can evaluate the available forums.
What Should a Railroad Worker Do After an Injury?
An injured railroad worker should prioritize medical care and preserve information that may later become important.
Helpful steps may include:
- Obtain prompt medical treatment. Describe every symptom accurately and follow reasonable treatment instructions.
- Report the injury. Comply with applicable workplace reporting requirements, but do not speculate or accept blame for facts that remain unclear.
- Review accident forms carefully. Make sure the description is accurate before signing.
- Document the scene. If it is safe, preserve photographs, equipment information, work orders, and the names of witnesses.
- Keep employment and medical records. Save wage information, work restrictions, medical bills, and communications related to the injury.
- Avoid posting about the accident online. Social media content may be requested and used during the case.
- Speak with a qualified FELA attorney. Railroad claims involve federal rules that differ from ordinary workers’ compensation and personal injury cases.
The railroad or its claim representative may begin investigating immediately. Employees should avoid guessing about the cause of the accident or signing a release without understanding its legal effect.
Can a Railroad Require an Employee to Waive FELA Rights?
FELA limits a railroad’s ability to use a contract, rule, regulation, or other device to exempt itself from liability created by the statute.
Under 45 U.S.C. § 55, an arrangement intended to exempt a covered railroad from FELA liability is void to that extent.
However, this does not mean a railroad employee can never sign a valid settlement and release after an injury. The validity and scope of a release depend on its terms, the circumstances under which it was signed, and applicable law. An employee should have an attorney review any proposed release before signing it.
Can Railroad Workers Receive Pre-Settlement Funding for a FELA Claim?
A railroad worker with a pending FELA claim may be able to apply for pre-settlement funding. Eligibility depends on the strength and estimated value of the claim, available evidence, anticipated damages, existing liens or funding, and attorney cooperation.
A funding company may review factors such as:
- The worker’s employment relationship with the railroad
- Evidence of railroad negligence
- How the negligence contributed to the injury
- The worker’s possible share of fault
- Medical treatment and prognosis
- Past and projected lost earnings
- Whether the claim is within the filing deadline
- The realistic potential recovery
- Existing advances, liens, and case expenses
Pre-settlement funding does not determine the legal value of a FELA case or give the funding company control over the lawsuit. The injured employee and attorney remain responsible for all legal and settlement decisions.
Express Legal Funding can review qualifying railroad injury claims in jurisdictions where funding is available. Approval and funding amounts are not guaranteed.
Frequently Asked Questions About FELA
I was injured while walking across a rail yard before my shift. Could FELA apply?
Possibly. Coverage may depend on whether you were acting within the scope of your railroad employment, why you were on the property, and whether an unsafe condition or railroad negligence contributed to the injury. The fact that you had not yet started your scheduled shift does not necessarily resolve the issue.
My injury developed after years of lifting and repetitive work. Do I need one specific accident?
Not always. FELA claims can involve cumulative trauma or occupational conditions that develop over time. You still need evidence connecting the condition to negligent workplace practices or unsafe conditions. Determining when the claim accrued is particularly important in gradual-injury cases.
The railroad says I caused part of the accident. Does that end my claim?
No. An employee’s partial negligence generally reduces recoverable damages rather than automatically barring the claim. The reduction depends on the percentage of responsibility attributed to the employee, subject to special rules involving safety-statute violations.
I work for a contractor that performs work for a railroad. Am I covered by FELA?
Not automatically. FELA ordinarily applies to employees of covered railroad carriers. A contractor’s employee may face a fact-intensive question about control, supervision, agency, or borrowed-employment status. An attorney must review the actual working relationship.
Can I bring a FELA claim if faulty equipment caused my injury?
Potentially. Defective or poorly maintained equipment may support a negligence claim, and certain violations of federal railroad safety laws can affect the railroad’s defenses. Preserve the equipment’s identifying information and report the defect to your attorney.
The railroad offered to pay my medical bills. Does that mean I cannot sue?
Not necessarily. Voluntary medical payments or benefits do not automatically resolve every FELA claim. Before signing a release or accepting a final settlement, ask an attorney how the payment could affect your rights and potential damages.
Can I receive pre-settlement funding if the railroad disputes negligence?
Possibly. Disputed liability does not automatically prevent approval, but the funder will consider the available evidence and the likelihood of recovery. Your attorney must generally provide enough information for the company to evaluate the case responsibly.
Disclaimer: This page is provided by Express Legal Funding for general educational purposes only and does not constitute legal or financial advice. FELA coverage, filing deadlines, liability, available damages, and funding eligibility depend on the facts and applicable law. Pre-settlement funding is generally non-recourse, subject to the funding agreement and legal requirements, but advances and fees reduce the claimant’s final recovery when repayment is due.
