Train derailment injuries: Do I qualify for compensation under FELA?

Railroad employee injuries across all accident types remain significant. In 2024, there were 3,494 nonfatal work-related injuries among railroad employees reported by national safety databases. While not every derailment leads to a worker injury, derailments are one of the major causes of serious on-the-job trauma for railroad employees, including collisions with equipment and violent jolts that hurl workers against structures.

Typical injuries in train derailments

Derailments can cause a wide range of injury types, many of which qualify for compensation under FELA if employer negligence contributed:

• Traumatic brain injury
• Spinal cord or back injuries
• Crush and amputation injuries
• Fractures and joint damage
• Burns from fires or hazardous material releases
• Soft tissue injuries and chronic disability
• Psychological injuries, such as PTSD, in the worst derailments

Because derailments often involve high forces and abrupt impacts, the resulting injuries can be catastrophic or permanently disabling. FRA and transportation safety research show that a large percentage of fatal and serious railway injuries involve collision or derailment scenarios, with rail equipment itself being involved in a majority of such incidents. One CDC analysis found that about 48% of fatal work-related incidents in rail transportation result from railway events such as derailments or collisions involving trains.

How FELA applies to derailment injuries

To pursue a FELA claim after a derailment injury, you must show your injury happened while performing work duties, such as during a shift on the job or while engaged in railroad-related tasks. This covers conductors, engineers, brakemen, carmen, signal maintainers, and any other railroad employee injured during the course of their employment.

Railroad negligence must contribute to your injury. Under FELA, it is not enough that you were injured on the job. You have to show the railroad's negligence contributed to the accident to any degree, no matter how small. Examples of negligence that might be relevant in a derailment case include these:

• Failing to maintain track or rolling stock properly
• Ignoring known track defects or safety warnings
• Inadequate training or supervision of crews
• Failure to enforce safe operating procedures
• Defective equipment that contributed to the derailment

FELA's legal standard is intentionally designed to favor workers. A railroad can be held negligent even if its contribution to the accident was minimal. This is different from traditional negligence law, which often has stricter causation requirements.

Common causes of derailments that support FELA claims

• Poor track maintenance often plays a role in derailments. Broken rails, faulty switches, inadequate ballast, and worn-out ties can all make cars jump the tracks. When a railroad knew about track problems but didn't fix them, or when inspection schedules weren't followed because of too few workers, this can prove negligence.
• Equipment defects are another frequent cause of derailments. Faulty wheelsets, broken couplers, failed brake systems, and incorrectly loaded cars can all make trains derail. When railroads skip proper inspections and maintenance, or when they rush repairs to keep equipment in service, they set up situations that support FELA claims.
• Human error exacerbated by railroad policies can also cause derailments. When railroads don't have enough staff, push workers into too much overtime, or skip proper training, they make it more likely that operator mistakes will cause derailments.

What compensation is available under FELA

If you qualify, FELA allows you to recover full civil damages, not the limited benefits typical of workers' compensation. Potential awards include:

• Medical expenses, past, present, and future
• Lost wages, including future earning capacity
• Pain and suffering
• Permanent disability or impairment damages
• Cost of household services you can no longer perform

Unlike workers' compensation, there's no damage cap under FELA. Workers who win their claims can receive compensation that reflects the complete harm they've experienced. This distinction matters tremendously for those with catastrophic injuries due to train derailment. Someone paralyzed in a derailment might require decades of medical treatment, specialized equipment, home adaptations, and help with everyday tasks. FELA makes railroads financially responsible for these costs when their negligence played a part in causing the accident.

Building your FELA claim

Proving negligence after a derailment requires gathering evidence without delay. Accident reports, maintenance records, inspection logs, and statements from witnesses all become significant. Railroads typically investigate derailments on their own immediately afterward, and their findings might minimize safety issues or try to blame workers instead.

Getting legal representation early helps ensure evidence doesn't get destroyed and your side of the story is recorded. Experts in railroad safety, engineering, and medicine frequently provide testimony that shows how the railroad's negligence led to the derailment and resulting harm.

Get help with your derailment injury FELA claim

Derailments are among the most serious accidents railroad workers face. If you got hurt in a train derailment, ELG Law can help figure out whether railroad negligence played a role. We've been representing railroad workers for more than 35 years and understand how to investigate derailments, find safety violations, and build solid FELA claims. Contact us for a free consultation about your derailment injury.