FELA Lawyer

Fighting for Injured Railroad Workers

If you're a railroad worker who has suffered an injury on the job, you deserve a lawyer who can protect your rights. Before you agree to any FELA settlement, make sure your real costs have been fairly assessed by an experienced FELA lawyer.

Railroad work remains one of the country's most demanding occupations. Employees work around moving trains, heavy machinery, hazardous materials, high-voltage electrical systems, and physically demanding conditions every day. 

Federal law requires railroad companies to provide a reasonably safe workplace, yet preventable injuries and occupational illnesses continue to occur throughout the industry.

With years of experience handling railroad worker injury cases, The Lyon Firm is committed to advocating for workers' rights and helping them obtain the financial support they deserve. 

On this page, you'll find valuable information about the FELA legal process, common railroad injuries, employer negligence, available compensation, and the steps involved in pursuing a claim.

We believe every railroad worker deserves fair treatment and compensation for injuries and occupational illnesses caused by unsafe working conditions, including diseases linked to diesel exhaust exposure. 

If you've been injured on the job, contact The Lyon Firm online or call (513) 381-2333 for a free consultation.

What Is FELA?

The Federal Employers' Liability Act (FELA) is a federal law that allows injured railroad workers to seek compensation when their employer's negligence contributed to a workplace injury or occupational illness. 

Unlike state workers' compensation systems, FELA applies specifically to railroad employees and requires proof that the railroad failed to provide a reasonably safe place to work.

Congress enacted FELA in 1908 in response to the high number of serious injuries and fatalities occurring throughout the railroad industry. More than a century later, it continues to protect railroad employees injured in accidents, repetitive stress incidents, and occupational disease cases resulting from unsafe working conditions.

FELA claims may arise from:

• Train collisions and derailments
• Defective locomotives, railcars, or equipment
• Falls, slips, and trip hazards
• Track defects
• Unsafe work practices
• Repetitive physical stress
• Diesel exhaust exposure
• Asbestos, benzene, silica dust, creosote, welding fumes, and other toxic substances

Unlike many workplace injury claims, a FELA case focuses on whether the railroad's negligence contributed to the injury. Railroad companies often begin investigating workplace accidents immediately after they occur to evaluate liability and protect their interests. 

Before providing a recorded statement or accepting a settlement offer, many injured workers choose to speak with an attorney who understands how FELA claims are investigated and resolved.

Who Is Eligible to File a FELA Claim?

FELA generally applies to employees who work for interstate railroads. Coverage extends to many railroad occupations, not just engineers and conductors.

Employees who may qualify include:

• Engineers
• Conductors
• Brakemen
• Yard workers
• Switch operators
• Signal maintainers
• Track maintenance crews
• Bridge and structural maintenance employees
• Locomotive mechanics
• Carmen
• Inspectors
• Maintenance-of-way employees

FELA also covers many occupational illnesses that develop over years of employment. Workers diagnosed with diseases associated with diesel exhaust, asbestos, silica dust, benzene, creosote, or other hazardous workplace exposures may have the right to pursue compensation when employer negligence contributed to the illness.

Eligibility depends on the circumstances surrounding the injury and the worker's employment with the railroad. Whether the injury resulted from a single accident, repetitive job duties, or long-term workplace exposure, an attorney can evaluate whether FELA applies and explain the legal options available.

How Is FELA Different From Workers' Compensation?

Although both FELA and workers' compensation help employees recover after a workplace injury, they operate very differently.

Workers' compensation is generally a no-fault system. An employee usually does not have to prove the employer caused the injury to receive benefits.

FELA claims are based on negligence. An injured railroad employee must show that the railroad failed to provide a reasonably safe workplace and that the railroad's negligence contributed to the injury or occupational illness. Employer negligence may involve defective equipment, unsafe working conditions, inadequate training, or violations of federal safety regulations.

For example, a railroad worker who slips on an oil-covered walkway that had been reported but never cleaned may have grounds for a FELA claim. The issue is not simply that an injury occurred. The claim focuses on whether the railroad knew, or should have known, about the hazardous condition and failed to correct it.

Key differences between FELA and workers' compensation include:

• Who is covered: FELA applies specifically to railroad employees, while workers' compensation covers most employees under state law.
• Fault: FELA requires proof that the railroad's negligence contributed to the injury. Workers' compensation generally provides benefits regardless of who was at fault.
• Legal process: FELA claims are brought under federal law and may proceed through the court system if a fair settlement cannot be reached. Workers' compensation claims are typically handled through a state's administrative process.
• Employer responsibility: FELA focuses on whether the railroad provided a reasonably safe workplace. Workers' compensation does not generally require an injured employee to prove employer negligence.

Because the two systems follow different legal standards, railroad employees should not assume their rights are the same as workers in other industries. Understanding how FELA works can help injured employees make informed decisions after a railroad accident or occupational illness.

Leading Causes of Railroad Workplace Injuries

Railroad employees encounter hazards every day, but many workplace injuries are preventable. FELA claims frequently involve unsafe working conditions, defective equipment, inadequate maintenance, or other forms of employer negligence that place workers at unnecessary risk.

Some of the most common causes of FELA railroad cases include:

• Train collisions and derailments
• Defective locomotives or railcars
• Track defects and switch failures
• Unsafe walking or working surfaces
• Equipment that has not been properly inspected or maintained
• Inadequate employee training
• Failure to provide required safety equipment
• Unsafe lifting requirements and repetitive physical strain
• Exposure to diesel exhaust, asbestos, benzene, silica dust, creosote, and other hazardous substances
• Failure to follow established railroad safety procedures

Every railroad accident has its own set of circumstances. In some cases, multiple safety failures contribute to the same injury. A worker may be injured because defective equipment was left in service, proper training was not provided, or known hazards were never corrected.

Identifying how an accident occurred is an important part of every FELA claim. Maintenance records, inspection reports, witness statements, photographs, and medical documentation can all help establish whether the railroad failed to provide a reasonably safe workplace and whether that negligence contributed to the employee's injuries.

Railroad Injuries That May Qualify for a FELA Claim

Railroad work exposes employees to a wide range of hazards, from catastrophic accidents to years of repetitive physical demands and long-term exposure to hazardous substances. FELA allows injured workers to seek compensation when a railroad's negligence contributed to an injury or occupational illness.

Depending on the circumstances, a FELA claim may involve:

Traumatic Injuries

Train collisions, derailments, falls, crushing accidents, and equipment failures can result in:

• Broken bones
• Traumatic brain injuries
• Spinal cord injuries
• Neck and back injuries
• Internal organ damage
• Amputations
• Severe burns
• Permanent disabilities

Repetitive Stress Injuries

Years of physically demanding work can place significant strain on the body. Railroad employees may develop injuries from repeated lifting, climbing, kneeling, vibration, or operating heavy equipment. These conditions often include chronic back injuries, shoulder injuries, joint damage, tendon disorders, and hearing loss.

Occupational Illnesses

Some railroad workers develop serious illnesses after years of exposure to hazardous substances in the workplace. Diesel exhaust, asbestos, benzene, silica dust, creosote, welding fumes, and other industrial materials have been associated with lung cancer, mesothelioma, asbestosis, silicosis, leukemia, and other occupational diseases.

Injuries Caused by Unsafe Working Conditions

Unsafe walking surfaces, defective tools, malfunctioning equipment, inadequate lighting, poor maintenance, and violations of safety procedures can all contribute to preventable workplace injuries. In many cases, several safety failures combine to create dangerous working conditions.

Wrongful Death

When a railroad worker loses their life because of a workplace accident or occupational illness, certain surviving family members may be entitled to pursue compensation through a FELA wrongful death claim.

Every injury affects a worker differently. A successful claim considers more than the initial diagnosis. Medical expenses, future treatment, lost income, reduced earning capacity, permanent disability, and the long-term impact on a worker's quality of life all play an important role when evaluating damages.

How Can Employers Violate FELA?

Railroad employers have a legal responsibility to provide employees with a reasonably safe workplace. When they fail to meet that obligation, serious injuries and occupational illnesses can occur.

Employer negligence under FELA may include:

• Failing to inspect or maintain locomotives, railcars, tracks, or equipment
• Ignoring known safety hazards
• Providing defective tools or machinery
• Failing to train employees properly
• Requiring employees to work without appropriate safety equipment
• Allowing dangerous walking or working surfaces
• Exposing employees to hazardous substances without appropriate safeguards
• Violating federal railroad safety regulations
• Retaliating against employees who report unsafe working conditions

A FELA claim requires evidence that the railroad's negligence contributed to the injury or illness. Maintenance records, inspection reports, safety manuals, witness statements, employment records, and medical documentation may all help establish liability.

What Must Be Proven in a FELA Case?

Unlike workers' compensation claims, FELA is based on negligence. An injured railroad employee must show that the railroad failed to provide a reasonably safe workplace and that failure contributed to the injury or occupational illness.

The burden of proof under FELA is generally lower than in many other personal injury cases, but evidence is still essential. Building a strong claim often requires demonstrating how the railroad's actions—or failure to act—played a role in what happened.

Depending on the facts of the case, evidence may include:

• Accident and incident reports
• Maintenance and inspection records
• Photographs or video of the accident scene
• Witness statements from coworkers
• Railroad safety policies and operating procedures
• Medical records documenting the injury
• Employment records showing job duties and work history
• Expert opinions regarding equipment failures, workplace conditions, or occupational exposures

Establishing negligence may involve showing that the railroad failed to repair defective equipment, ignored known hazards, violated safety regulations, failed to provide proper training, or allowed unsafe working conditions to continue.

Even if an employee is found to have contributed to the accident, that does not automatically prevent recovery under FELA. The railroad may still be held responsible if its negligence played any part in causing the injury.

"Mr. Joe Lyon went above and beyond what was necessary in helping me through every step of my wrongful death lawsuit, showing actual concern and empathy for my situation. All I can say is thank you for everything."

— Lance Grotevant

Railroad Workplace Safety and Federal Standards

Railroad companies are required to provide employees with a reasonably safe workplace. That responsibility extends beyond repairing locomotives and maintaining tracks. Employers are expected to inspect equipment, correct known hazards, provide appropriate training, and establish workplace safety procedures designed to reduce preventable injuries.

Federal railroad safety regulations govern many aspects of railroad operations, including equipment inspections, locomotive safety, track maintenance, employee qualifications, hazardous materials, and operating practices. 

When safety requirements are ignored or workplace hazards are allowed to continue, those failures may become evidence in a FELA claim.

Examples of workplace safety failures include:

• Defective locomotives or railcars remaining in service
• Poorly maintained tracks or switches
• Inadequate lighting in work areas
• Failure to repair known hazards
• Lack of fall protection or other required safety equipment
• Insufficient employee training
• Failure to address toxic substance exposure
• Unsafe staffing practices that increase the risk of injury

Evidence that a railroad ignored maintenance issues, failed inspections, repeated employee complaints, or established safety procedures may help demonstrate that employer negligence contributed to a worker's injuries.

Can I Be Fired for Reporting a Railroad Injury?

Many railroad employees worry that reporting an injury could affect their job, opportunities for advancement, or relationships with supervisors. Those concerns sometimes cause workers to delay reporting an accident or avoid seeking medical care, which can complicate both recovery and the claims process.

Federal law prohibits railroad employers from retaliating against employees for reporting workplace injuries or safety concerns. Retaliation may include intimidation, harassment, disciplinary action, unfavorable work assignments, or termination.

If you believe you experienced retaliation after reporting a workplace injury, discussing the situation with a FELA attorney as soon as possible can help you understand the legal protections available and determine the appropriate next steps.

Injured While Working for the Railroad?

If you've been injured on the job or developed a work-related occupational illness, The Lyon Firm is here to help. Call (513) 381-2333 or contact us online for a free consultation to discuss your FELA claim.

Understanding the Legal Process for Railroad Injury Claims

After a railroad injury is reported, the railroad company will often begin investigating immediately. Supervisors may document the accident scene, interview witnesses, inspect equipment, and gather records while the injured employee is still receiving medical treatment. 

The railroad's investigation is intended to protect the company's interests, making it important for injured workers to understand their own rights under FELA.

Although every claim is different, the process generally includes the following steps:

1. Report the injury or occupational illness.
2. Seek medical evaluation and follow all recommended treatment.
3. Preserve evidence related to the accident or workplace conditions.
4. Investigate how the injury occurred and whether employer negligence played a role.
5. Gather medical records, employment records, witness statements, and other supporting documentation.
6. Evaluate the full extent of damages, including future medical care and lost earning capacity.
7. Negotiate with the railroad or its insurance representatives.
8. File a lawsuit if a fair resolution cannot be reached through settlement negotiations.

Many claims are resolved before trial. If the parties cannot reach an agreement, however, the case may proceed to court, where a judge or jury will determine liability and any damages that should be awarded.

How Do You Prove a FELA Claim?

A successful FELA claim requires more than showing that an injury occurred while working for the railroad. The injured employee must also present evidence that the railroad's negligence contributed to the injury or occupational illness.

No single document or witness determines the outcome of a case. Instead, attorneys build claims by assembling evidence that explains how the accident happened, identifies unsafe working conditions, and demonstrates the impact the injury has had on the worker's life.

Evidence may include:

• Accident and incident reports
• Maintenance and inspection records
• Photographs or video from the accident scene
• Witness statements from coworkers
• Railroad safety manuals and operating procedures
• Medical records documenting the injury
• Employment records establishing job duties and work history
• Expert analysis involving equipment failures, workplace conditions, or occupational exposures

Strong documentation not only helps establish liability but also supports the full value of a claim by demonstrating the extent of the worker's injuries, medical treatment, lost income, and future damages.

What Types of Compensation Are Available Through FELA Railroad Settlements?

When a railroad's negligence causes an injury or occupational illness, FELA allows employees to pursue compensation for both financial losses and the personal impact those injuries have on their lives.

Depending on the circumstances, damages may include:

• Past and future medical expenses
• Lost wages
• Reduced future earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability
• Rehabilitation expenses
• Wrongful death damages for eligible surviving family members

Unlike many workplace injury systems, FELA is not limited to predetermined benefits. Compensation is based on the specific facts of each case, including the severity of the injury, the employee's ability to return to work, future medical needs, and the evidence supporting the claim.

Every case is different, and there is no average settlement that applies to every railroad injury. Evaluating a claim requires a careful review of both the immediate and long-term effects the injury will have on the worker and their family.

Injured Railroad Workers Who Hire an Attorney Often Recover More

Choosing whether to hire an attorney is a personal decision, but research consistently shows that legal representation can make a meaningful difference in the outcome of an injury claim.

According to a Martindale-Nolo survey, more than 90% of injured people who hired an attorney received a settlement or award, compared with substantially fewer individuals who handled their claims on their own. The survey also found that represented claimants generally recovered significantly higher compensation than those without legal representation.

Every FELA claim is different, and past results do not guarantee future outcomes. Even so, experienced legal representation can help injured railroad workers preserve evidence, establish negligence, accurately value their damages, and negotiate from a stronger position.

"When a railroad worker is injured, the case is about much more than a single accident. It is about protecting a family's financial future, holding employers accountable for unsafe working conditions, and helping workers obtain the resources they need to move forward."

— Joe Lyon, Founding Partner

Comparative Negligence in a FELA Lawsuit

FELA follows the legal principle of comparative negligence. This means an injured worker may still recover compensation even if they were partially responsible for the accident.

For example, if a railroad failed to repair defective equipment, ignored known safety hazards, or allowed unsafe working conditions to continue, the railroad may still be held liable even if the employee is found to share some responsibility for the incident.

Successfully establishing negligence often involves showing that the railroad failed to meet one or more of its legal responsibilities, such as:

• Providing a reasonably safe workplace
• Maintaining equipment in safe operating condition
• Performing regular inspections
• Following federal safety regulations
• Providing adequate employee training
• Correcting known workplace hazards

If the railroad's negligence contributed to the injury, the employee may still be entitled to recover damages, even when comparative negligence is an issue.

How Does a Lawyer Help Your FELA Case?

A FELA lawyer does far more than prepare legal documents. From the beginning of a case, legal counsel works to preserve evidence, investigate the accident, and build a claim that demonstrates how the railroad's negligence caused or contributed to the worker's injuries.

Representation may include:

• Investigating the accident or occupational exposure
• Preserving evidence before it is lost
• Interviewing witnesses
• Reviewing maintenance records and safety reports
• Consulting with medical and industry experts
• Calculating current and future damages
• Negotiating with the railroad and its insurance representatives
• Preparing the case for trial if necessary

Railroad companies routinely defend these claims with experienced legal teams. Working with experienced railroad FELA attorneys helps ensure your rights remain protected throughout the claims process.

Why Hire The Lyon Firm for FELA Railroad Claims?

For nearly two decades, The Lyon Firm has represented injured workers in the railroad, maritime, manufacturing, and industrial sectors. We understand the legal, medical, and technical issues involved in FELA litigation and have experience handling cases against some of the nation's largest railroad companies.

Whether you've suffered traumatic injuries in a workplace accident or developed an occupational illness after years of railroad employment, our team will thoroughly investigate your claim, identify evidence of employer negligence, and pursue the compensation available under federal law.

If you need an experienced FELA railroad accident lawyer, we're prepared to help you understand your rights and guide you through every stage of the claims process.