As a railroad employee, the Federal Employers' Liability Act (FELA) gives you more rights and more protection than any other working person in the United States, but unless you know these rights and exercise them, they might as well not even exist.

Important Information Regarding the FELA

  • Time Limit

    You will typically have three (3) years from the date of the injury to start a lawsuit.


    This is called the "statute of limitations" and will be strictly applied to your claim. Generally, unless fraud or deception is involved, if you wait longer than three (3) years to start your lawsuit, you will be barred from any recovery.

    In the case of an injury that occurs over time, such as exposure to diesel exhaust, noise, or wear and tear injuries, the statute of limitations begins when you reasonably know the injury is related to your work.

    It is critically important to contact us immediately after an injury occurs.

    Waiting to see what happens can be risky. Evidence may be lost, witnesses' memories may fade, and the railroad gets a big head start preparing their case against you. You also risk the possibility of having your claim barred if you fail to meet the statute of limitations.

  • Issues in a FELA Lawsuit
    It is not always easy to predict which cases will be tried. Because of that, we believe it's essential to prepare each case for trial while still working hard to settle your claim if at all possible. If trial is necessary, the following issues are typically decided by a judge or jury:

    • Who is at fault? The railroad must be at fault, in whole or in part, for the incident or there is no recovery. You have a legal duty to exercise reasonable care for your own safety, but you are not barred from recovery if you are found partially at fault. For example, if you are 50% responsible for the incident, your damages will be reduced by that amount.
    • Did the railroad's negligence cause, in whole or in part, your injuries? This connection must be made for you to be awarded damages.
    • What are the damages? This is the amount the jury awards you for your claim.

  • Other Laws May Apply
    Your attorney will advise you if other laws like the Federal Locomotive Inspection Act (defects in engines) or the Safety Appliance Act (defects in cars), or a violation of a federal regulation, apply in your case. These laws may affect the outcome of your case.