Can a railroad worker sue their employer for an on-the-job injury?

What the Law Says

The Federal Employers Liability Act (FELA) is a federal law that gives railroad workers the right to sue their employers for injuries caused by negligence — unlike most other workers, who are limited to no-fault workers’ compensation.

FELA applies only to railroad employees engaged in interstate or foreign commerce. It does not cover all workplace injuries automatically — the worker must prove that the employer’s negligence played even a slight part in causing the injury.

Under FELA, railroads are liable for damages if they fail to provide a reasonably safe workplace, proper equipment, adequate staffing, or sufficient training. The burden of proof is lower than in typical personal injury cases: the worker need only show that employer negligence contributed in any way — even 1% — to the injury.

FELA claims are tried before a jury in federal or state court, and damages may include lost wages, medical expenses, pain and suffering, and loss of enjoyment of life — unlike workers’ compensation, which caps benefits and excludes non-economic damages.

Statutory Text

Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of said States and Territories, or between the United States and any other country, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, for such injury resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

— 45 U.S.C. § 51 — Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined

What to Do

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