What FELA Covers & How It Works
The Federal Employers’ Liability Act (FELA) was enacted by Congress in 1908 to give railroad employees engaged in interstate commerce a legal remedy when on-the-job injuries result from employer negligence. It applies to common carriers by railroad operating in interstate or foreign commerce and to any employee whose duties further or substantially affect that commerce. If you work for a railroad and you’re hurt on the job, FELA is the federal framework that governs your claim.
The most important distinction between FELA and traditional workers’ compensation is fault. Workers’ compensation pays benefits regardless of who caused the injury, but caps recovery at medical costs and a portion of lost wages. FELA requires the injured worker to show that the railroad’s negligence played some part in causing the injury.
How fault and damages work under FELA:
- Comparative negligence: If the worker shares some fault, damages are reduced in proportion to that share rather than eliminated entirely.
- No assumption-of-risk defense: When employer negligence or a safety-statute violation contributed to the injury, railroads can’t argue the worker accepted the risk by taking the job.
- Broader damages: Unlike workers’ compensation, a successful FELA claim can include pain and suffering, emotional distress, and full lost earning capacity.
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“In addition to his substantive contributions to railroad grade crossing safety, I have personally observed his untiring efforts and contributions to improving the integrity of the legal system.”- Elizabeth Hardy -
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“His knowledge of the rail industry and his willingness to share his knowledge with other people who do railroad work is beyond belief to me.”- Mike Bee -
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“Through his efforts, he has single-handedly given hope to victims who are injured or killed as a result of dangerous railroad crossings”- Donald Vasos -
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“Nathan is a warrior fighting the railroads.”- Jonathon (Jon) C. Clark -
“Excellent Results”
“Nathan Karlin has my strongest endorsement in the field of railroad crossing cases and personal injury law.”- Joseph M. Miller -
“Would Recommend Without Hesitation”
“In each case, Nathan always possessed an incredible knowledge of the law and the facts, possessed a great talent for aggressive – strategic legal planning and trial tactics while, at the same time, displaying great skill as an effective negotiator.”- Scott McCluen -
“First Call is Nathan's Firm”
“Nathan’s knowledge and experience in handling and trying cases against these litigation savvy railroad companies gives me the confidence to know that the clients and cases I refer to him are getting the best of the best.”- James Perrin -
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“The staff is helpful, professional, and responsive.”- Tracy D.
FELA Railroad Worker Injuries
Federal Railroad Injury Law, Explained by a Nationally Recognized Railroad Accident Practice
Pottroff & Karlin concentrates more than 90 percent of its caseload on railroad-related accident claims, a level of focus that has built a national reputation in this area of law. That depth means we can help you understand how federal railroad law applies to your situation and point you toward the right legal path, whether your injury falls under FELA or outside it.
Our practice concentrates on public-safety matters: railroad crossing accidents, derailments, toxic spills, and injuries to pedestrians and workers who aren’t employed by the railroad. We don’t represent railroad employees in FELA claims. What we do is help injured individuals and families understand which type of claim applies to their situation so no one wastes time pursuing the wrong path. Other attorneys have trusted us with their most complex, high-stakes train crossing cases, and that track record is why we’re a useful first call even when we’re not the right firm for the underlying claim.
Not sure whether your injury is a FELA employee claim or a public-safety railroad claim? Call (785) 453-3109 for a free consultation. We offer virtual appointments and Spanish-language legal services.
FELA vs. Public-Safety Railroad Claims: Understanding the Difference
Whether your injury falls under FELA or a separate public-safety or third-party claim depends primarily on your employment status at the time of the incident. FELA covers railroad employees whose work furthers interstate commerce. Injuries to members of the public, vehicle occupants at railroad crossings, pedestrians, and workers who aren’t employed by the railroad are governed by different legal frameworks.
Getting this distinction right early matters. The legal standards, available damages, and attorneys best positioned to help you differ significantly depending on which category applies. A free case evaluation can help you find out where your situation fits.
Start with a Free Case Evaluation
Railroad injury cases move quickly after an incident. Evidence can be altered, inspection records can disappear, and the railroad’s representatives may reach out before you’ve spoken with anyone in your corner. We work on a contingency-fee basis, so we only get paid if we recover compensation for you. There’s no cost to find out where you stand.
Call (785) 453-3109 to reach Pottroff & Karlin. Consultations are free, available virtually, and offered in Spanish.
