By Michael Bartlett on January 30th, 2026 in FELA
Under the Federal Employers' Liability Act, most railroads that are common carriers by railroad engaged in interstate commerce can be held liable when their negligence contributes to an employee's injury, illness, or death. FELA applies broadly to both large and smaller carriers, including freight, passenger, and some commuter railroads.
The law does not cover purely intrastate transit systems that fall outside the statute's definition of a railroad.
FELA covers virtually all railroads operating in interstate service, including large Class I carriers, passenger carriers such as Amtrak, and many commuter rail systems so long as they qualify as common carriers engaged in interstate commerce. Workers injured while employed by these railroads can pursue compensation when employer negligence played any role in causing their injuries.
The largest freight rail systems in North America all operate across state lines and are subject to FELA. These Class I railroads form the backbone of freight rail transport in the U.S. and are routinely involved in FELA cases when employee injuries result from negligence:
These companies employ thousands of workers in positions ranging from conductors and engineers to maintenance-of-way crews, carmen, and yard workers. When these employees suffer injuries due to unsafe working conditions, defective equipment, inadequate training, or other forms of railroad negligence, they can file FELA claims.
Many passenger rail operators also fall under FELA if they function as common carriers by railroad engaged in interstate commerce. They're covered when their services impact interstate commerce by operating across state borders, sharing tracks with other railroads, or linking into national rail systems:
Coverage depends on how these systems operate. Commuter rail sharing tracks with freight railroads, crossing state lines, or connecting to national networks usually qualify for FELA. Urban rapid transit systems like subways or light rail that don't operate as common carriers in interstate commerce usually aren't covered. The Chicago Transit Authority operates rapid transit rather than common carrier service, though FELA may apply if operations touch interstate trackage.
FELA's scope goes beyond major railroads. Any employer meeting the definition of a common carrier railroad in interstate commerce can be held liable under FELA. This covers many regional and short-line carriers, particularly those operating across state borders or linking to national freight systems:
Even short-line and regional carriers may be liable under FELA if they operate across state lines or support interstate freight or passenger transport. Many of these smaller carriers connect with larger rail networks, haul freight that originated in other states, or operate on tracks shared with interstate carriers. Such interstate commerce connections make them subject to FELA.
FELA applies when common carriers by railroad engage in commerce crossing state or territorial lines. Courts interpret the law to include freight and passenger operations whose activities have meaningful interstate commerce connections.
A railroad must transport goods or passengers for the public using tracks and rail infrastructure as a common carrier. The railroad must also engage in interstate commerce by conducting operations across state boundaries or supporting trade between states.
Most traditional railroads fit this definition, though purely local transit systems that don't act as common carriers get excluded. Subway systems confined to city boundaries without interstate freight or passenger service usually aren't covered by FELA.
Whether a railroad falls under FELA or not changes how injured workers seek compensation. Employees of FELA-covered railroads can file lawsuits in federal or state court and obtain full damages when employer negligence contributed to their injuries. Compensation covers medical expenses, lost income, pain and suffering, and reduced future earning capacity.
Employees of non-FELA transit systems usually have to seek workers' compensation benefits. Workers' compensation offers limited benefits through fixed schedules and excludes pain and suffering damages. The gap in potential recovery can be significant, particularly when catastrophic injuries result in permanent disability.
When you work for a railroad and suffer a job-related injury, determining whether your employer has FELA coverage is the first step toward compensation. Most freight railroads, Amtrak, and commuter rail systems operating on interstate tracks or sharing trackage with freight carriers qualify. Regional and short-line railroads connecting to larger networks or hauling interstate freight also typically qualify.
Whether you work for a major Class I carrier or a small regional railroad, ELG Law has the experience to handle your FELA claim. We've represented injured workers for more than 35 years and know what it takes to build strong cases against railroads, large and small. Contact us for a free case evaluation to discuss your injury and determine if you have a valid FELA claim.