If you’ve been injured while working for a railroad, you may be wondering whether you qualify to file a claim under the Federal Employers’ Liability Act (FELA). Unlike traditional workers’ compensation, FELA is a unique federal law that protects railroad workers by allowing them to pursue compensation for on-the-job injuries caused by employer negligence.
In this post, we’ll explain who qualifies for a FELA claim and what steps you should take if you’ve been hurt.
What Is FELA?
The Federal Employers’ Liability Act (FELA) was passed in 1908 to provide legal protection for railroad workers injured on the job. FELA allows injured workers to sue their railroad employer when negligence plays a role in their injuries—such as unsafe working conditions, lack of training, or faulty equipment.
Who Qualifies for a FELA Claim?
To be eligible to file a FELA claim, three main criteria must be met:
1. You Must Be a Railroad Employee
FELA applies to railroad workers only, including:
Engineers and conductors
Track maintenance crews
Yardmasters
Mechanics and equipment operators
Signal workers
Bridge and building workers
If you’re a contractor or third-party worker, FELA likely doesn’t apply to you—though you may still have other legal options.
2. Your Employer Must Be a Common Carrier
FELA only covers companies that operate as common carriers, meaning they transport goods or people across state lines. Examples include:
Freight railroads (e.g., BNSF, Union Pacific)
Passenger services (e.g., Amtrak)
3. Employer Negligence Must Be Involved
FELA is a fault-based system. You must prove your injury resulted, at least in part, from the railroad’s negligence. Common examples include:
Unsafe work conditions
Inadequate training or tools
Failure to follow safety procedures
Overworked or fatigued staff
Even if the employer is only partially responsible, you can still qualify under FELA.
What If You’re Partly to Blame?
FELA uses a comparative negligence system. This means if you were partly at fault for your injury, your compensation may be reduced proportionally—but you can still recover damages.
Time Limits for Filing a FELA Claim
There is a three-year statute of limitations for FELA claims. That means you must file your claim within three years from the date of the injury, or the date you became aware of it.
What to Do If You Think You Qualify
If you believe you may have a FELA case, follow these steps:
Report your injury to your supervisor
Get medical attention
Document everything (photos, witness info, reports)
Contact an experienced FELA attorney
Speak to a FELA Lawyer
At Kujawski & Associates, we’ve represented injured railroad workers across the country and understand how FELA claims work. If you’ve been hurt on the job and believe your employer’s negligence played a role, a skilled FELA lawyer from our team can guide you through the legal process and fight to secure the compensation you deserve.
Contact us today for a free consultation and learn more about how we can help with your FELA claim.
