FELA railroad worker injury attorney

Railroad workers are outside the workers’ compensation system. Injuries on the railroad are handled under a federal statute that requires the worker to show the railroad was negligent, and in exchange allows a full measure of damages rather than a schedule of benefits. That trade has practical consequences from the first hour: what is written on the injury report, what is said to a claim agent, and whether the conditions that caused the injury are documented before they are changed. Law Offices Of SRIS, P.C. has practiced since 1997 and handles injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York. Reach our location at (888) 437-7747.

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How the federal scheme differs from workers compensation

Three differences matter most.

Fault is required, but the standard is low. The worker must show the railroad was negligent, and the causal connection required is markedly less demanding than in an ordinary negligence case — a contribution to the injury, however slight, can be enough. Unsafe equipment, inadequate staffing, insufficient training, defective walkways and ballast, and unreasonable work demands are the recurring grounds.

Damages are not scheduled. Unlike a compensation system that pays a fixed proportion of wages and nothing for pain, this scheme allows the full range — past and future earnings, medical costs, pain and suffering, and loss of the ability to do the work.

Contributory negligence reduces rather than bars. A worker’s own share of responsibility reduces the recovery proportionately. Importantly, where the injury involves a violation of a federal safety statute governing equipment, the worker’s own conduct may not reduce recovery at all, which is one reason the equipment question is examined closely in every case.

Equipment violations and why they change the case

Federal statutes impose duties concerning the condition of locomotives, cars and their appliances — couplers, handbrakes, sill steps, handholds, ladders and brake systems among them. Where equipment covered by those statutes fails to perform as required, liability can attach without the worker having to prove that the railroad was careless, and the contributory negligence reduction may be removed.

That makes the identification and preservation of the equipment a priority. The car or locomotive number, the specific appliance involved, its repair and inspection history, and any prior defect reports on the same unit are all recoverable if they are asked for before the unit is repaired and returned to service.

The first hours: reports and claim agents

This is where these cases are most often damaged, and it happens quickly.

Report the injury promptly and make sure the written report is accurate and complete before signing it. Reports are frequently drafted by a supervisor and describe the incident in terms that shift the cause onto the worker. Read what is written, correct it, and keep a copy.

Railroad claim agents contact injured workers early, sometimes at the hospital or at home within days. A claim agent works for the railroad. Recorded statements taken while a worker is in pain, medicated or worried about their job are used later, and an early payment or advance is not a neutral gesture. A recorded statement is not something you are required to give a claim agent, and there is no advantage in giving one before you understand the claim.

Separately, retaliation for reporting an injury is unlawful and is itself the subject of federal protection. Fear of consequences is a real feature of this industry and it is one of the main reasons injuries go unreported until they cannot be proved.

Cumulative and occupational claims

Not every railroad claim comes from a single event. Repetitive trauma from years of vibration, awkward posture and heavy manual work, hearing loss from sustained noise exposure, and illness attributed to exposure to substances encountered in railroad work are all pursued under the same statute.

These claims raise a different timing question. The period runs from when the worker knew or should have known both of the injury and of its connection to the work, rather than from any single incident, and that determination is fact-specific. Occupational claims also require exposure history built from employment records, job descriptions and co-worker accounts rather than from a single incident report.

What should be preserved and obtained

Equipment identification and inspection and repair history for the unit involved. Prior defect reports on the same equipment. Track, ballast and walkway condition where footing was a factor, with photographs before any maintenance. Crew size and assignment records, because inadequate crewing is a recurring ground. Efficiency testing and rules compliance records. Training records. Event recorder data. The injury report and any supervisor statements. Prior incident reports at the same location or involving the same practice. And the complete employment and medical history, since a pre-existing condition will be raised.

Written preservation notice should go to the railroad early, identifying equipment and locations specifically, because units are repaired and track conditions are corrected in the ordinary course of operations.

What the railroad will argue

That the worker did not follow the operating rules, which is the standard defense and is met with what the rules actually required, what the conditions permitted and what practice was tolerated on that territory. That the injury is degenerative rather than traumatic, which is met with the imaging, the treating opinion and the work history. That the worker did not report promptly. And that the equipment functioned properly, which is met with the inspection and repair history rather than with testimony.

Available insurance coverage

Railroads are typically self-insured for these claims and defend them with in-house claim departments and experienced counsel rather than through an ordinary liability insurer. That changes the practical dynamic: there is no adjuster with settlement authority in the usual sense, and the counterparty is an organization that handles these claims continuously. Where a third party such as a contractor, equipment manufacturer or another company’s employees contributed, separate liability and products coverage may respond alongside the claim against the railroad.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Claims under the federal railroad statute run on a federal period that is distinct from the state periods above, and for cumulative trauma and occupational exposure it runs from when the worker knew or should have known of both the injury and its work connection. Because that determination is fact-specific and the general state periods do not apply, the deadline should be confirmed on your own circumstances rather than assumed.

Frequently Asked Questions

Why am I not covered by workers compensation?

Railroad workers are covered by a separate federal scheme instead. It requires you to show the railroad was negligent, which compensation does not, but in exchange it allows the full range of damages including pain and suffering and full wage loss rather than a fixed schedule of benefits. The causation standard applied is also notably lower than in an ordinary negligence case.

Should I give a statement to the claim agent?

You are not required to give a recorded statement, and there is little to gain from doing so early. Claim agents work for the railroad and contact injured workers quickly, sometimes at hospital. Statements given while in pain, medicated or anxious about employment are used later. Reporting the injury is required; submitting to a recorded interview is a different thing.

The supervisor wrote the injury report. Does that matter?

It can matter a great deal. Reports drafted by supervisors frequently characterize the cause in terms that place responsibility on the worker. Read the report before signing, correct anything inaccurate, and keep a copy. Where a report has already been signed and is wrong, that is addressable but it is easier to fix early than late.

What if I was partly at fault?

Your share reduces the recovery proportionately rather than barring it. And where the injury involves a violation of a federal safety statute concerning equipment — couplers, handbrakes, steps, handholds, brake systems and the like — that reduction may not apply at all. This is one reason the condition and history of the specific equipment is examined in every case.

Can I claim for an injury that built up over years?

Yes. Repetitive trauma, hearing loss and occupational exposure claims are brought under the same statute. The timing works differently: the period runs from when you knew or should have known of both the injury and its connection to the work. Those claims are built from employment records, job history and co-worker accounts rather than a single incident report.

Can I be disciplined for reporting an injury?

Retaliation for reporting a work injury is unlawful and is separately protected under federal law. The concern is understandable and common in this industry, and it is one of the main reasons injuries go unreported until they become hard to prove. It should be raised with counsel at the outset so that reporting and documentation are handled with it in view.

What should be preserved right away?

The identity of the equipment involved — car or locomotive number and the specific appliance — along with its inspection and repair history and any prior defect reports. Photographs of track, ballast or walkway conditions before maintenance corrects them. Crew assignment records and event recorder data. Written preservation notice to the railroad should identify these specifically rather than generally.

They offered me an advance while I recover. Should I take it?

Understand what it is before accepting. Payments made early in these claims are not neutral assistance, and how they are characterized and credited later matters. It is worth having the terms reviewed before accepting rather than after, particularly where anything is presented for signature alongside the payment.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Railroad equipment is repaired and returned to service quickly, and claim agents contact injured workers within days. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 24, 2026.

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The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

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