FELA Railroad Injury Lawyer
If you were injured working for the railroad, the Federal Employers' Liability Act (FELA) — not state workers' compensation — is your remedy. Ori Law Group represents injured railroad workers nationwide under FELA (45 U.S.C. § 51). Joe and Kristen Ori personally handle every case, bringing more than 40 years of combined trial experience and over $150 million recovered. FELA is a negligence claim, not a no-fault system: if your railroad's negligence played any part in causing your injury, you can recover full damages — and you have three years to file. You are not required to use the lawyer your union designates.
If you were hurt working for the railroad, the most important thing to understand is that your case is not a workers’ compensation case. Railroad workers are excluded from state workers’ comp by design, and Congress gave you a different — and for many injured workers, a better — remedy: the Federal Employers’ Liability Act. Under FELA (45 U.S.C. § 51), if your railroad’s negligence played any part in causing your injury, you can recover the full value of your losses, not the capped benefits a state comp system pays. Ori Law Group represents injured railroad workers, and Joe and Kristen Ori handle every case personally.
What makes FELA powerful is its causation standard. The railroad is liable if its negligence contributed “any part, even the slightest,” to your injury — a far lighter burden than ordinary negligence. And because FELA uses pure comparative negligence under 45 U.S.C. § 53, your own share of fault reduces your recovery but never eliminates it; there is no 50% bar. Where defective equipment is involved, the Federal Safety Appliance Act (49 U.S.C. § 20301) and the Locomotive Inspection Act (49 U.S.C. § 20701) can establish liability outright. These cases cover the full range of railroad work — yard and switching accidents, derailments, slip-trip-falls on ballast and oily walkways, crush injuries, and the slow-developing claims that matter just as much: cumulative back, knee, and shoulder trauma, and occupational illness from asbestos, silica, diesel exhaust, and noise. For those occupational claims, the three-year deadline runs from when you discovered the condition was work-related, which can keep a claim alive long after the exposure.
Be careful with the railroad in the days after an injury. Report it in writing and keep a copy, see a doctor of your own choosing, and do not give a recorded statement or accept an advance from a claim agent — the claim agent works for the railroad, not for you, and early payments and statements can be used to shrink your recovery. You should also know that you are not required to use the lawyer your union designates. Most rail unions maintain a Designated Legal Counsel list, but it is a convenience, not a rule. The choice of attorney is yours, and a boutique firm where the partners try the case themselves is a real alternative to a high-volume designated-counsel practice. Many injuries on rail property also overlap with construction and workplace-injury law, and we sort out which claims apply.
FELA is a national statute, and we represent injured railroad workers nationwide. You have three years to file under 45 U.S.C. § 56, you can choose to file in state or federal court — and the railroad cannot move your state-court case to federal court — and your recovery includes uncapped lost wages, future earning capacity, and pain and suffering. The consultation is free, there’s no upfront cost, and we work on a contingency basis. Call Joe or Kristen at (312) 621-0000 to talk through what happened and what FELA can do for you.
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What to Do After Your Accident
- Report the injury to your supervisor in writing and keep a copy — railroads dispute claims that weren't promptly reported.
- Fill out the railroad's injury report accurately, but stick to the facts and don't speculate about cause or fault.
- Get medical attention from a doctor of your own choosing, not just the company doctor, and follow through on treatment.
- Do not give a recorded statement to a railroad claim agent or sign anything before you understand your rights.
- Photograph the equipment, the location, and the condition that caused the injury before it's repaired or cleaned up.
- Get the names and contact information of coworkers who witnessed the incident or know the condition that caused it.
- Do not accept an advance or quick payment from a claim agent — it can be used to reduce or offset your recovery later.
- Talk to a FELA attorney before the railroad's investigation gets ahead of yours — the three-year deadline runs from the date of injury, or from when an occupational illness was discovered.
Common Causes & Types
- Unsafe working conditions — the railroad's failure to provide a reasonably safe place to work, safe tools, and safe equipment.
- Defective equipment — violations of the Federal Safety Appliance Act and Locomotive Inspection Act, which strengthen a FELA claim.
- Inadequate training and staffing — undertrained crews, short crews, and unsafe work rules that force shortcuts.
- Repetitive and cumulative trauma — back, knee, and shoulder injuries from years of repetitive lifting, climbing, and ballast walking.
- Occupational disease — asbestos, silica, diesel exhaust, solvents, and excessive noise causing illness or hearing loss over time.
- Yard and switching accidents, derailments, slip-trip-falls on ballast and oily walkways, and chemical exposure.
Who Can Be Held Liable
- Your railroad employer, whose negligence in any part causing the injury creates FELA liability
- The railroad's failure to provide a reasonably safe workplace, tools, and equipment
- Equipment and parts manufacturers, under the Federal Safety Appliance Act and Locomotive Inspection Act
- A contractor or third party whose negligence on railroad property contributed to the injury
Injuries We Handle
- Traumatic brain injuries
- Spinal cord and back injuries
- Crush injuries and amputations
- Repetitive and cumulative trauma to the back, knees, and shoulders
- Occupational illness — asbestos, silica, and diesel-exhaust exposure
- Hearing loss
- Catastrophic and permanently disabling injuries
- Wrongful death
Illinois Law & Deadlines
Damages You Can Recover
- Past and future medical expenses
- Full lost wages and diminished earning capacity — not capped like state workers' comp
- Pain, suffering, and loss of a normal life
- Disfigurement and permanent disability
- Loss of enjoyment of life
- Wrongful death recovery for surviving dependents
How the Legal Process Works
- Free consultation & evidence preservation
We review your case, preserve the equipment condition and records the railroad would rather lose, and explain your options at no cost — and you are not required to use your union's designated lawyer.
- Investigation & proof of negligence
We document how the railroad's negligence played a part in your injury, gather inspection and maintenance records, and retain qualified experts when equipment or safety rules are at issue.
- Demand & negotiation
We present your full damages — uncapped lost wages, future earning capacity, and pain and suffering — and negotiate with the railroad's claims department.
- Litigation & trial
If the railroad won't be fair, Joe or Kristen files suit in the court that best serves you and prepares the case for trial.
| FELA (railroad) | State workers' comp | |
|---|---|---|
| Basis | Negligence — the railroad must be at fault | No-fault — no need to prove fault |
| Causation | Any part, even the slightest | Injury arising out of employment |
| Damages | Full, including pain and suffering | Capped, no pain and suffering |
| Partial fault | Recovery reduced, never barred (45 U.S.C. § 53) | Generally does not reduce benefits |
FELA Is Not Workers' Compensation
Railroad workers are specifically excluded from state workers' compensation. Congress passed the Federal Employers' Liability Act in 1908 to give railroaders a different remedy — and a better one for those who can prove their case.
The U.S. Supreme Court described FELA's purpose plainly: the Act was designed to put on the railroad industry some of the cost "of the legs, arms, eyes and lives which it consumed in its operation" (*Consolidated Rail Corp. v. Gottshall*, 512 U.S. 532 (1994)). Unlike no-fault workers' comp, FELA is a negligence claim — you must show the railroad was at fault — but in exchange you can recover the full value of your losses, including pain and suffering and uncapped future earnings.
FELA's causation standard is famously light. The railroad is liable if its negligence played "any part, even the slightest" in causing your injury — a far easier standard than ordinary negligence. And FELA uses pure comparative negligence under 45 U.S.C. § 53: even a worker who was mostly at fault still recovers a reduced amount. There is no 50% bar like the one that cuts off ordinary Illinois injury claims.
You Are Not Required to Use the Union-Designated Lawyer
Most rail unions maintain a Designated Legal Counsel list, and many injured workers assume they must choose from it. You don't. The choice of attorney is yours, and a boutique firm where the partners handle your case personally is a real alternative.
- The choice is yours — designated counsel programs are a convenience, not a requirement — you are free to hire any FELA attorney you trust.
- Watch the railroad's claim agent — claim agents work for the railroad, not for you; an early advance or recorded statement can be used to reduce your recovery.
- Occupational illness has its own clock — asbestos, hearing loss, and cumulative-trauma claims run from when the condition was discovered, which can preserve a claim long after the exposure.
Why Choose Ori Law Group
Ori Law Group is a women-owned, two-attorney trial firm. When you call, you reach Joe or Kristen — not a paralegal, not a claim screen, not a rotating cast of junior associates. Joe Ori has concentrated in personal injury for more than 25 years and has been named to Super Lawyers every year since 2013; Kristen Ori leads our litigation and was recognized as a Super Lawyers Rising Star. Together they bring over 40 years of combined trial experience and more than $150 million recovered, and they prepare every FELA case to be tried, not just settled. We represent injured railroad workers nationwide under the Federal Employers' Liability Act, and you are never required to use your union's designated lawyer.
Frequently Asked Questions
How is FELA different from workers' compensation?
Railroad workers are excluded from state workers' compensation and covered instead by the Federal Employers' Liability Act (45 U.S.C. § 51). Workers' comp is no-fault but caps your benefits; FELA requires you to prove the railroad was negligent, but it lets you recover the full value of your losses — including pain and suffering and uncapped future earnings. For a worker who can prove fault, FELA is the stronger remedy.
What's the deadline to file a FELA lawsuit?
You generally have three years from the date of injury under 45 U.S.C. § 56. For occupational illnesses and cumulative-trauma injuries that develop over time — asbestos, hearing loss, repetitive back and knee injuries — the three years run from when you discovered, or reasonably should have discovered, that your work caused the condition.
Can I still recover if I was partially at fault?
Yes. FELA uses pure comparative negligence under 45 U.S.C. § 53. Your recovery is reduced by your share of fault, but it is never barred — unlike ordinary Illinois injury claims, which cut off recovery at 51% fault. Even a worker who was mostly at fault can still recover a reduced amount.
Do I have to use my union's designated lawyer?
No. Many rail unions maintain a Designated Legal Counsel list, but it is a convenience, not a requirement. You are free to hire any FELA attorney you trust. At Ori Law Group, Joe and Kristen handle your case personally rather than passing it down a chain of associates.
What if my injury developed over time from repetitive work?
Cumulative-trauma injuries — back, knee, and shoulder damage from years of lifting, climbing, and ballast walking — are covered by FELA. So are occupational illnesses like asbestos disease, diesel-exhaust exposure, and hearing loss. The three-year deadline runs from when you discovered the condition was work-related, which often keeps these claims alive long after the exposure.
What if my spouse died on the job at the railroad?
FELA provides a wrongful death remedy for the surviving dependents of a railroad worker killed on the job. The recovery can include the financial support and services the family lost. The three-year deadline runs from the date of death. We handle these claims with the care they require.
Can I file my FELA case in state or federal court?
Both. FELA lets you file in either state or federal court, and — importantly — the railroad cannot remove a FELA case you filed in state court to federal court. The right forum depends on the facts of your case, and we choose the one that best serves you.
What if a railroad claim agent already paid me an advance?
An advance is not a settlement, but claim agents work for the railroad and may try to use an early payment or a recorded statement to reduce your recovery. Don't sign a release or give a statement before you understand your rights. We sort out where an advance fits before it's used against you.
What does it cost to hire Ori Law Group?
There is no upfront cost. We handle FELA cases on a contingency basis — we are paid a percentage of your recovery only if we win or settle your case, and your consultation is free. You pay nothing out of pocket to get started.
Legally reviewed by Joseph and Kristen Ori · Last reviewed June 24, 2026. This page is attorney advertising and is for general information only — it is not legal advice and does not create an attorney–client relationship.
Injured Working for the Railroad? Let's Talk.
Free, confidential consultation — call (312) 621-0000. FELA gives you three years and full damages — and you don't have to use your union's lawyer. Joe or Kristen handles your case personally.