What Is FELA—and Why It Matters More Than “Workers’ Comp”

If you were hurt while working on the railroad in Pennsylvania, this page explains how the Federal Employers’ Liability Act (FELA) protects injured railroad workers, what compensation may be available, and the steps to take right now to protect your rights.

Under FELA:

* You may recover full damages (not just limited benefits), including lost wages, medical costs, pain and suffering, loss of earning capacity, and more.
* You must show the railroad’s negligence played a role – even a slight one – in causing your injury.
* Your compensation can be reduced by any percentage of fault assigned to you (known as comparative negligence), but you can still recover.

Who is covered?

Conductors, engineers, brakemen, switchmen, carmen, signalmen, track and bridge workers, MOW crews, shop workers, yardmasters, dispatchers, and more — whether you work for a Class I freight railroad, a short line, or a passenger/commuter carrier.

Common Railroad Injuries in Pennsylvania

Pennsylvania’s rail network is among the busiest in the Northeast—think freight corridors, switching yards, and heavy passenger traffic. With that activity comes risk. Frequent injury scenarios include:

* Switching and yard accidents: runovers, pinches, and crush injuries.
* Slip, trip, and falls: ballast, oil residue, ice, uneven walkways, and poor lighting.
* Equipment defects: handbrakes, couplers, ladders, steps, grab irons, and PPE failures.
* Track and roadway hazards: inadequate maintenance, unstable ballast, or debris.
* Overexertion & repetitive trauma: lifting, bending, climbing, vibration, and cumulative stress.
* Train collisions & derailments: human factors, signal issues, or unsafe operating rules.
* Toxic exposures: diesel exhaust, silica dust from ballast, solvents, welding fumes, herbicides, and asbestos in older equipment/structures.
* Heat/cold exposure & fatigue: unsafe scheduling, long shifts, inadequate breaks.

Whether your injury happened in Philadelphia, Pittsburgh, Harrisburg, Altoona, Reading, Erie, or a rural yard, FELA applies the same way.

Proving Negligence Under FELA

To succeed, you must show the railroad failed to use reasonable care and that failure contributed to your injury. Examples of negligence include:

* Not enforcing safety rules or proper job briefings.
* Short staffing, forcing hurry-up work or unsafe practices.
* Defective tools or equipment and failure to repair.
* Insufficient training or supervision for the task.
* Failure to mitigate known hazards (ice, oil, trip hazards, broken lighting).
* Unrealistic time pressures or policies that discourage reporting hazards.

Even a small causal connection between the railroad’s negligence and your injury can be enough under FELA.

What to Do Immediately After a Railroad Injury

1. Get medical care first – Your health comes before all else. Tell the provider it’s a work-related railroad injury.
2. Report the incident promptly – but be accurate and concise. Avoid speculation about fault.
3. Document everything: take photos of the scene, tools, equipment, and footwear; save names of witnesses; keep copies of any forms (including the railroad’s incident report).
4. Do not rely on a claim agent to protect your rights. Their job is to limit the company’s exposure.
5. Contact a FELA attorney before giving recorded statements or signing releases.
6. Follow medical advice and keep a journal of symptoms, restrictions, missed work, and how the injury affects your daily life.

Compensation Available in a FELA Case

A successful FELA claim may include:

* Past and future medical expenses (treatment, rehab, meds, assistive devices).
* Lost wages and benefits, plus loss of future earning capacity if you can’t return to the same job.
* Pain and suffering, mental anguish, and loss of enjoyment of life.
* Loss of household services and other out-of-pocket costs.
* In fatal cases, wrongful death damages for surviving family members.

Statute of Limitations & Venue

FELA has a three-year statute of limitations from the date you knew (or should have known) your injury was related to your railroad work. Some conditions (like repetitive trauma or occupational disease) have a “discovery” element — don’t wait. You can file a FELA lawsuit in state or federal court. Venue strategy matters, and an experienced FELA lawyer can advise where your case should be filed to best protect your interests.

Pennsylvania-Specific Considerations

* Busy corridors & carriers: Pennsylvania hosts heavy freight and passenger traffic, including regional yards and commuter systems. Injuries occur in shops, yards, along mainlines, and on platforms.
* Weather & terrain: Freeze–thaw cycles, snow, and ice make walkways hazardous; Appalachian grades and older infrastructure can add risk if not properly maintained.
* Medical networks: You can choose your own doctor. Do not feel pressured to use a company-selected provider or to return to work before you’re ready.
* Unions & protections: Many Pennsylvania railroad workers are union members; report hazards to your safety committee and keep your representative informed while coordinating with your attorney.

Occupational Disease & Cumulative Trauma

Not all harm is from a single incident. FELA covers hearing loss, carpal tunnel, back/neck degeneration, lung disease connected to diesel or silica exposure, and other cumulative trauma conditions. If you’ve received a diagnosis, talk to a FELA lawyer about when the “clock” may have started and what evidence you’ll need.

How a FELA Lawyer Helps

* Investigates quickly: preserves video, data, equipment, and witness statements.
* Builds liability: identifies rule violations, maintenance gaps, and unsafe practices.
* Handles the railroad & insurers: shields you from claim tactics and low offers.
* Values the claim correctly: accounts for future medicals and lost earning capacity.
* Prepares for trial: strong settlement leverage comes from being ready to try the case.

FAQs: Railroad Worker Injuries in Pennsylvania

1) What’s the difference between FELA and workers’ comp?
Workers’ comp is no-fault but limited; FELA requires proof of negligence but allows **full tort damages** (including pain and suffering and loss of earning capacity).

2) What if I was partly at fault?**
You can still recover. Your award may be reduced by your share of fault (comparative negligence).

3) Do I have to see a company doctor?
No. You can choose your own medical providers. Get the care you trust.

4) Should I speak to the claim agent?
Provide basic incident notice, but avoid recorded statements or detailed interviews until you’ve spoken with a FELA attorney.

5) How long do I have to file?
Generally three years, but don’t delay. Evidence disappears and discovery rules can be complex, especially with occupational diseases.

6) Can I bring a claim for repetitive stress or exposure?
Yes. FELA covers cumulative trauma and toxic exposure claims when negligence played a role.

Take the Next Step

If you’re a railroad worker injured anywhere in Pennsylvania — whether in a yard, on the mainline, or in a shop — you have rights under FELA. The railroad’s claim department is already working to limit what you recover. Put someone on your side who understands the rules, the carriers, and the courtrooms where these cases are won.