FELA Railroad Injury Calculator
Estimate potential compensation for railroad worker injuries under the Federal Employers Liability Act (FELA) including train accidents, toxic exposure, and repetitive stress injuries.
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About This Calculator
The Federal Employers Liability Act (FELA) provides special protections for railroad workers injured on the job. Unlike typical workers' compensation, FELA allows railroad employees to sue their employers for negligence and recover full damages including pain and suffering. This unique law recognizes the dangerous nature of railroad work and holds employers accountable for unsafe conditions.
What Makes FELA Different:
- Allows lawsuits against employers (not just comp benefits)
- Full damages including pain and suffering recoverable
- Very low burden of proof for negligence
- Comparative negligence - recovery even if partly at fault
- No caps on damages
Types of Railroad Injuries Covered:
- Traumatic Injuries: Train accidents, equipment failures, falls
- Repetitive Stress: Carpal tunnel, back injuries from repetitive work
- Occupational Illness: Hearing loss, respiratory disease, toxic exposure
- Cumulative Trauma: Long-term wear and tear on body
Who Is Covered:
- All employees of railroads engaged in interstate commerce
- Includes Class I, regional, and short line railroad workers
- Amtrak employees
- Some railroad contractor employees
Why FELA Exists: Railroad work remains among the most dangerous occupations. Congress enacted FELA in 1908 because railroad workers faced hazards not found in other industries and the common law provided inadequate protection.
This calculator helps railroad workers estimate potential FELA recoveries. For other workplace injuries, see our Workers' Comp Calculator. For maritime workers, visit our Maritime Injury Calculator.
How to Use the FELA Railroad Injury Calculator
- 1Select the type of railroad injury (traumatic, repetitive, toxic exposure, etc.).
- 2Choose your railroad employer type.
- 3Enter your annual wage including all compensation.
- 4Input years remaining until railroad retirement eligibility.
- 5Enter your total years of railroad service.
- 6Input all medical expenses incurred from the injury.
- 7Add estimated future medical costs.
- 8Enter your permanent disability percentage.
- 9Estimate the railroad's percentage of negligence in causing your injury.
- 10Check boxes for witness availability and FRA safety violations.
Understanding FELA Claims
FELA provides railroad workers with stronger protections than workers' compensation.
FELA vs. Workers' Compensation
| Feature | FELA | Workers' Comp |
|---|---|---|
| Employer Immunity | No - can sue employer | Yes - exclusive remedy |
| Proof Required | Any negligence | No-fault |
| Pain & Suffering | Yes, recoverable | No |
| Full Lost Wages | Yes | Typically 2/3 of wages |
| Damage Caps | None | Often capped |
| Jury Trial | Yes | No |
Elements of a FELA Claim
To win a FELA case, you must prove:
- Employment: You were a railroad employee
- Interstate Commerce: Railroad engaged in interstate commerce
- Negligence: Railroad was negligent in some way
- Causation: Negligence contributed to your injury
The "Featherweight" Negligence Standard
FELA uses an extremely low standard for negligence:
- Even the slightest negligence is enough
- Employer need only have "played any part" in causing injury
- Much easier than typical negligence cases
Examples of Railroad Negligence:
- Unsafe equipment or tools
- Inadequate training
- Unsafe work practices
- Failure to maintain safe premises
- Insufficient staffing
- Ignoring safety complaints
Types of FELA Injuries
FELA covers all work-related injuries and illnesses.
Traumatic Injuries
| Injury Type | Common Causes |
|---|---|
| Amputations | Coupling cars, equipment |
| Spinal Cord | Falls, collisions, derailments |
| Traumatic Brain | Being struck, falls |
| Fractures | Slips, trips, equipment |
| Crush Injuries | Cars, heavy equipment |
Repetitive Stress Injuries
| Condition | Cause |
|---|---|
| Carpal Tunnel | Repetitive hand/wrist work |
| Back Injuries | Lifting, prolonged sitting |
| Shoulder/Rotator Cuff | Repetitive overhead work |
| Knee Injuries | Climbing, kneeling |
Occupational Illnesses
| Illness | Exposure Source |
|---|---|
| Hearing Loss | Locomotives, equipment noise |
| Lung Disease | Diesel fumes, dust, asbestos |
| Cancer | Chemicals, diesel, creosote |
| Mesothelioma | Asbestos in older equipment |
Cumulative Trauma
Injuries developing over time from:
- Years of heavy lifting
- Prolonged exposure to vibration
- Standing on hard surfaces
- Repetitive motions
Key Point: FELA covers cumulative trauma even if no single incident caused the injury.
Damages in FELA Cases
FELA allows full compensation not available in workers' comp cases.
Economic Damages
Lost Wages:
- Past lost earnings from injury to present
- Future lost earnings through retirement
- Includes overtime, bonuses, benefits
Medical Expenses:
- All past medical bills
- Future medical care costs
- Rehabilitation expenses
- Medications and equipment
Loss of Earning Capacity:
- Reduced ability to work
- Even if not totally disabled
- Based on percentage of impairment
Non-Economic Damages
Pain and Suffering:
- Physical pain (past and future)
- No formula - jury discretion
- Significant in serious cases
Mental Anguish:
- Emotional distress
- Depression, anxiety
- PTSD from traumatic incidents
Loss of Enjoyment of Life:
- Activities you can no longer do
- Hobbies and recreation
- Quality of life reduction
Typical FELA Settlements/Verdicts
| Injury Type | Range |
|---|---|
| Minor (full recovery) | $50,000 - $150,000 |
| Moderate (some permanent injury) | $150,000 - $500,000 |
| Severe (significant disability) | $500,000 - $2,000,000 |
| Catastrophic (paralysis, amputation) | $2,000,000 - $10,000,000+ |
| Wrongful Death | $1,000,000 - $5,000,000+ |
Comparative Negligence in FELA
FELA uses comparative negligence, not contributory negligence.
How Comparative Negligence Works
Your damages are reduced by your percentage of fault:
- Total damages: $1,000,000
- Your fault: 20%
- Railroad fault: 80%
- Your recovery: $800,000
Key Difference from Some States
Pure Comparative Negligence:
- You can recover even if 99% at fault
- FELA follows this approach
- No threshold bars recovery
Contributory Negligence (not FELA):
- Any fault bars recovery completely
- Only a few states use this
- FELA specifically rejects this
Common Employee Negligence Arguments
Railroads often claim workers were negligent for:
- Not following safety procedures
- Using improper techniques
- Not reporting hazards
- Not using safety equipment
Your Defense:
- Employer contributed to unsafe practices
- Training was inadequate
- Procedures were unrealistic
- Safety equipment wasn't available
Assumption of Risk
FELA abolished the assumption of risk defense:
- Cannot argue worker knew the job was dangerous
- Cannot say worker accepted the risks
- Only comparative negligence reduces damages
Railroad Retirement Benefits
Railroad workers have a separate retirement system that interacts with FELA claims.
Railroad Retirement Board (RRB) Benefits
Tier 1 Benefits:
- Similar to Social Security
- Based on railroad and non-railroad employment
- Coordinates with Social Security
Tier 2 Benefits:
- Based only on railroad service
- Like a private pension
- Requires 10+ years of service for full eligibility
Disability Under Railroad Retirement
| Type | Requirements |
|---|---|
| Occupational Disability | Cannot perform your railroad job |
| Total Disability | Cannot do any regular work |
| Current Connection | Recent railroad employment |
FELA Settlement and RRB
Important: FELA settlements do NOT affect:
- Railroad Retirement benefits
- Disability annuity
- Medicare eligibility
But: Lost wage damages in FELA consider:
- Years until retirement eligibility
- Expected retirement benefits
- Reduced earning capacity
Timing Considerations
| Years of Service | Retirement Eligibility |
|---|---|
| 30 years (any age) | Full benefits at 60 |
| 10+ years | Full benefits at 65-67 |
| 5-10 years | Some benefits |
Strategic Note: FELA settlements often calculate lost wages through earliest retirement eligibility.
Filing a FELA Claim
Understanding the process helps maximize your recovery.
Statute of Limitations
3 Years from the date of injury (or discovery for occupational disease)
For Repetitive Trauma:
- Clock starts when you knew or should have known the condition was work-related
- Getting medical attention may start the clock
Reporting Requirements
Immediately Report:
- All accidents to supervisor
- Complete injury report form
- Seek medical attention
- Document everything
Don't:
- Minimize injuries to coworker
- Admit fault in reports
- Sign anything without attorney review
- Give recorded statements
Investigation
The railroad will immediately investigate:
- Scene inspection
- Witness interviews
- Equipment examination
- Your medical records
Protect Yourself:
- Take photos of scene and equipment
- Get witness contact information
- Keep your own records
- Consult attorney before talking to claims agents
Venue Selection
FELA cases can be filed in:
- State court where injury occurred
- State court where railroad does business
- State court where worker resides
- Federal court (diversity jurisdiction)
Strategy: Venue selection significantly affects outcomes - some jurisdictions are more favorable to workers.
Pro Tips
- 💡Report all injuries immediately - even minor ones can become serious.
- 💡Seek medical attention promptly and follow all treatment recommendations.
- 💡Never admit fault or minimize your injuries in reports or conversations.
- 💡Don't give recorded statements to claims agents without attorney advice.
- 💡Document everything: photos, witness names, equipment numbers, conditions.
- 💡Keep a personal injury journal recording symptoms and limitations.
- 💡Don't sign any documents without having an attorney review them.
- 💡Contact a FELA attorney before talking to railroad claims representatives.
- 💡Preserve all evidence including work boots, clothing, and equipment.
- 💡Note any safety violations or problems that contributed to the accident.
- 💡Get contact information for coworkers who witnessed the incident.
- 💡Don't post about your injury or activities on social media.
Frequently Asked Questions
FELA settlements vary dramatically based on injury severity. Minor injuries may settle for $50,000-$150,000. Moderate permanent injuries typically settle for $200,000-$500,000. Severe injuries can exceed $1-2 million, and catastrophic injuries (paralysis, amputation) often exceed $5 million. Your specific recovery depends on your injury, evidence, and railroad's negligence.
