According to the National Safety Council, eight railroad employees were killed on the job in 2024. Yet, if you’re a railroad worker injured on the job, you aren’t covered by workers’ compensation. Instead, the Federal Employers’ Liability Act (FELA), otherwise known as 45 U.S.C. § 51, lets you sue your railroad employer for negligence.
What Is the Federal Employers’ Liability Act?
Congress passed the Federal Employers’ Liability Act, or FELA, in 1908 to protect railroad workers hurt on the job. More than a century later, the law still governs these injuries.
A Federal Law for Railroad Workers
FELA covers employees of railroads that operate in interstate commerce, which includes nearly every major freight and passenger line. If you are hurt while working for one of these railroads, FELA usually controls your claim.
A Duty to Provide a Safe Workplace
Under 45 U.S.C. § 51, a railroad is liable for injuries caused by its negligence. The U.S. Supreme Court has confirmed that railroads must use reasonable care to give workers a reasonably safe place to work (Atchison, Topeka & Santa Fe Ry. Co. v. Buell, 1987).
To clarify, FELA is not workers’ compensation. It is a fault-based system, so you must show the railroad was negligent. It also lets you recover far more than workers’ comp typically allows.
Both attorneys and courts handle railroad injury cases differently from other workplace claims. Our railroad-injury attorneys focus on these federal cases.
How FELA is Different From Workers’ Compensation
For most injured workers, workers’ compensation is a no-fault system. This means that you receive set benefits, but you cannot sue. However, the Federal Employers’ Liability Act (FELA) works differently.
| Feature | FELA (Railroad Workers) | State Workers’ Comp |
|---|---|---|
| Fault required? | Yes, railroad negligence | No |
| Pain and suffering? | Yes | Usually no |
| Full lost wages? | Yes, past and future | Partial only |
| How you recover | Claim or lawsuit | Set benefit schedule |
| Deadline | 3 years | Varies by state |
Because FELA allows a full range of damages, a successful claim can be worth much more than a workers’ comp award. The trade-off is that you must prove the railroad did something wrong. The good news is that FELA uses a worker-friendly standard for proving fault, which we explain next.
What Do You Have to Prove in a FELA Claim?
To win a FELA claim, you must show the railroad was negligent and that its negligence played a part in your injury. The standard, though, is far easier to meet than in an ordinary injury case.
The “Featherweight” Standard
Courts have held that a railroad is liable if its negligence played any part, even the slightest, in causing your injury. Lawyers often call this the “featherweight” burden, and it makes railroad negligence easier to prove than everyday negligence.
Under 45 U.S.C. § 53, FELA uses pure comparative negligence. If you were partly at fault, your damages may be reduced by your share. However, you’re not barred from any recovery.
How Liability and Negligence Combine
Alabama normally follows a harsh “pure contributory negligence” rule. Even if you’re found 1% at fault, you may not recover anything at all. FELA overrides that rule for railroad workers, because federal law controls.
However, safety violations remove the fault defense. If your injury came from the railroad breaking a federal safety law, such as the Safety Appliance Act, your own negligence doesn’t count. You may recover full damages even if you were careless.
What Compensation and Deadlines Apply to Railroad Worker Injuries?
FELA lets injured railroad workers recover a wide range of damages. However, strict deadlines often apply to railroad claims. These are damages you may recover in a claim:
- Past and future medical care
- Past and future lost wages
- Reduced earning ability
- Pain and suffering
- Disfigurement and disability
Under 45 U.S.C. § 56, you generally have three years from the date of injury to file a FELA claim. For injuries that build up over time, the clock usually starts when you knew, or should have known, the injury was work-related.
FELA gives you three years to file. While this is longer than Alabama’s general two-year injury deadline under Ala. Code § 6-2-38, you should never wait to get advice.
FELA lets you file in state or federal court, and often in more than one location. The choice of court can affect your case. Our serious injury law firm can help you decide where and how to file.
Frequently Asked Questions About Railroad Worker Injuries and FELA
What is the Federal Employers’ Liability Act (FELA)?
The Federal Employers’ Liability Act (FELA) is a federal law passed in 1908. The law protects railroad workers injured on the job. It allows employees of interstate railroads to sue their employer for negligence rather than filing a workers’ compensation claim.
How are railroad worker injuries covered under FELA?
FELA covers railroad worker injuries when the worker is employed by a railroad. The railroad must operate in interstate commerce. FELA lets the injured worker sue the railroad for negligence and recover full damages. The worker must show that the railroad’s negligence played some part in causing the injury.
How long do I have to file a FELA claim?
You generally have three years from the date of injury, under 45 U.S.C. § 56. Some injuries develop over time, such as hearing loss or repetitive stress. As a result, the three-year clock usually starts when you knew, or should have known, the injury was job-related. Missing this deadline can permanently bar your claim.
Is FELA the same as workers’ compensation?
No. Workers’ compensation is a no-fault system with limited, set benefits and no recovery for pain and suffering. FELA is fault-based: you must prove the railroad was negligent, but you can recover a much broader range of damages. Railroad workers are generally excluded from state workers’ comp and covered by FELA instead.
What must I prove for railroad worker injuries under FELA?
For railroad worker injuries under FELA, you must prove the railroad was negligent and that its negligence played a part in your injury. Courts apply a relaxed “featherweight” standard, meaning even the slightest contribution by the railroad can support liability. If the railroad violated a federal safety law, you may recover full damages regardless of your own fault.
Can I still recover if I was partly at fault for my railroad injury?
Yes. FELA uses pure comparative negligence under 45 U.S.C. § 53. If you were partly at fault, your damages are reduced by your percentage of fault. But you could still recover compensation. And if the railroad violated a federal safety statute, your own negligence does not reduce your damages at all.
Trust Alexander Shunnarah Trial Attorneys Today
Railroad companies keep teams of investigators and lawyers working to limit what they pay injured workers. FELA gives you powerful rights, but only if you act within the deadlines and build a strong case. Our railroad injury attorneys fight for what you’re owed. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys on 2026-07-17.
