By Michael Bartlett on February 09th, 2026 in FELA
The Federal Employers' Liability Act is a United States federal statute that imposes liability on common-carrier railroads engaged in interstate or foreign commerce. This means its legal protections extend across the entire country and U.S. jurisdictions such as the District of Columbia and U.S. territories.
Unlike state workers' compensation laws that vary by location, FELA provides uniform protections to railroad workers no matter where they live or where their injury occurred.
Federal jurisdiction covers railroads operating between states, between states and territories, between Washington, D.C., and states or territories, or between the U.S. and foreign nations. This nationwide scope means that whether you were injured in California, Texas, New York, or any other state, the same federal law governs your claim.
FELA's coverage is not limited by a worker's home state. What matters is whether the railroad is a common carrier that transports goods or passengers for the public and whether the carrier is engaged in interstate commerce.
Most major freight and passenger railroads operating in the U.S. are covered because they run routes through multiple states. Even railroads that may cross only a few state lines are generally covered if they perform activities tied to interstate trade. This includes major carriers such as Union Pacific Railroad, BNSF Railway, CSX Transportation, Norfolk Southern Railway, Canadian National Railway's U.S. operations, Amtrak, and many commuter systems that link across state lines or integrate with national networks.
These companies operate routes spanning dozens of states, which means employees can file FELA claims no matter where the injury happened in the U.S. or where they call home. A conductor injured in Montana while working for BNSF has the same federal protections as a track maintenance worker injured in Georgia while working for CSX.
Even though FELA is a federal statute, injured workers have flexibility in choosing where to file. An injured employee can file in federal court or in a state court in the state where the injury occurred. Federal substantive law governs the claim regardless of where the case is filed, though state procedural rules may apply in state court.
This flexibility shows that where an employee lives doesn't limit their access to legal remedies under FELA. You get the same protections and the same path to compensation whether you live in a state with robust labor laws or one with limited workers' rights.
FELA follows a long-standing federal principle allowing claims wherever the railroad conducts business, not only where its corporate headquarters is located. If a railroad operates in multiple states, it can be sued in those states under FELA. Employees and dependents benefit from broad jurisdiction, which means they can file claims against interstate carriers in many locations.
National Academies research reveals FELA is a tort system, so damages include medical costs, lost earnings, future wage capacity, pain and suffering, and other things determined by a jury or through settlement. This differs from workers' compensation that caps awards using predetermined schedules.
Looking at historical data from large railroads, FELA indemnity payments per claim were significantly higher than what workers' compensation systems would have paid, often 2.5 to 6 times more. This difference becomes especially important for catastrophic injuries or occupational illnesses needing lifetime medical care and causing permanent disability.
A GAO report noted that in 1994, railroads paid approximately $1.2 billion in FELA costs, reflecting the scale of claims and compensation rail carriers face. This total demonstrates that FELA recoveries are substantial and that railroads take these claims seriously.
In one GAO analysis, about 41% of FELA claimants had attorney representation, compared to very low attorney rates in state workers' compensation cases. Attorneys often help maximize recovery under the comparative negligence framework that FELA employs.
In CSX Transportation, Inc. v. McBride, the Supreme Court confirmed FELA makes a railroad liable if its negligence plays any part in causing injury, a lower standard than many other negligence contexts. This worker-friendly standard means that even when a railroad argues the worker shares some fault, the worker can still recover compensation proportional to the railroad's degree of negligence.
A study of Class I railroad claims showed that only around 4% to 5% of litigated FELA claims actually go to trial. Most claims settle via negotiation. Moreover, less than 1% of all claims closed in a year were tried; the rest were resolved administratively or via settlement. This means that experienced FELA attorneys often recover substantial compensation for their clients without the need for lengthy trials.
In 2024, there were 954 total railroad-related deaths in the U.S., with 6,542 nonfatal injuries reported nationwide. Railroad worker injuries tend to exceed averages in other sectors. Analyses show railroad workers historically face higher injury and fatality rates than the average private-industry worker. One dataset described railroad injury rates at roughly 2.5 times higher than all private industries, and fatality rates more than 300% higher.
Prior to FELA's enactment in 1908, U.S. railroads faced alarming workplace statistics: roughly 4,500 deaths and 88,000 injuries annually among railroaders in the early 1900s, which helped spur Congress to act. While conditions have improved, railroad work remains one of the most hazardous occupations in the country.
Because FELA is federal law, ELG Law can represent injured railroad workers regardless of what state they live in or where their injury occurred. We have helped railroad workers for over 35 years pursue compensation for injuries and illnesses caused by employer negligence. Whether you work for a major Class I freight carrier, Amtrak, or a regional railroad, we can help you pursue the compensation you deserve. Contact ELG Law for a free consultation about your FELA claim, no matter where you are located.