If a railroad employee is killed while working for his or her employer, it is very likely that his or her family have a wrongful death claim under the Federal Employers Liability Act. What families do in the first days and weeks after a fatal railroad incident can have a major impact on the evidence, the investigation, and any future wrongful death claim.

What Is FELA?

The Federal Employers’ Liability Act (FELA) is a federal law that protects railroad employees injured or killed while working for interstate rail carriers. Unlike standard workers’ compensation systems, FELA allows injured workers or surviving families to bring claims directly against the railroad when negligence played a role in the incident.

Under FELA, railroads have a legal duty to provide their employees with a reasonably safe workplace. That can include:

• Maintaining safe tracks, crossings, and equipment
• Properly training employees
• Enforcing safety rules
• Providing adequate staffing
• Addressing known hazards
• Preventing unsafe working conditions

If the railroad’s negligence contributed even in part to an employee’s death, surviving family members may have the right to pursue compensation through a wrongful death claim.

How FELA Wrongful Death Claims Differ From Workers’ Compensation

Many families assume a railroad death case works like a normal workplace fatality claim. But FELA is different.

Traditional workers’ compensation systems generally provide limited benefits regardless of fault. In contrast, FELA requires proof that the railroad was negligent, but it can allow families to recover substantially broader damages.

Potential damages under a FELA wrongful death claim may include:

• Loss of financial support
• Loss of benefits and retirement income
• Funeral and burial expenses
• Loss of care, guidance, and household services
• Conscious pain and suffering before death in some cases

FELA cases are also handled in state or federal court rather than through a workers’ compensation administrative process.

What Types of Railroad Incidents Lead to Fatal FELA Claims?

Fatal railroad accidents can happen in many ways. Some of the most serious cases involve:

• Train collisions
• Derailments
• Track defects
• Switching accidents
• Crushing incidents
• Falls from equipment
• Defective locomotives or railcars
• Electrical hazards
• Toxic chemical exposure
• Fatigue-related incidents tied to scheduling practices

Some deaths happen immediately. Others occur days or weeks after catastrophic injuries.

In some cases, federal investigators from agencies such as the Federal Railroad Administration (FRA) or National Transportation Safety Board (NTSB) may become involved. Their findings can become important evidence, but families should understand that these investigations are separate from a civil wrongful death claim.

What Families Should Do First After a Fatal Railroad Accident

The period immediately after a railroad employee’s death is often chaotic. While families are grieving, railroads and investigators may begin collecting statements and evidence within hours.

Families should focus first on protecting themselves and preserving information.

1. Do Not Assume the Railroad Will Protect Your Interests

Railroad companies often deploy claims representatives and investigators quickly after a fatal incident. Their goals may include limiting liability and controlling information about the event.

Families should be cautious about giving recorded statements or signing documents before understanding their legal rights.

2. Preserve Documents and Evidence

Important evidence can disappear quickly after a railroad fatality.

Families should try to preserve:

• Photographs
• Text messages
• Work schedules
• Incident reports
• Medical records
• Names of witnesses
• Communications from the railroad
• Union records or correspondence

Even seemingly minor details can become important later.

3. Request Information Carefully

Families may be entitled to certain records and investigative materials, but railroads do not always provide complete information voluntarily or immediately.

It is important to keep copies of every communication and document related to the incident.

4. Speak With a Lawyer Familiar With FELA Cases

FELA claims are highly specialized. Railroad companies and their insurers typically have experienced legal teams handling these cases from the beginning.

An attorney familiar with railroad wrongful death litigation can help families understand:

• Whether negligence may have contributed to the death
• What evidence should be preserved
• Which deadlines apply
• How federal railroad regulations may affect the case
• What compensation may be available

Common Questions Families Have After a Railroad Worker’s Death

Who Can File a FELA Wrongful Death Claim?

Eligible family members can include:

• Spouses
• Children
• Dependent parents
• Certain other dependents in some circumstances

The specific structure of the claim can depend on the worker’s family situation and applicable law.

How Long Do Families Have to File a FELA Claim?

FELA generally has a three-year statute of limitations, but waiting can seriously affect the availability of evidence and witness testimony.

Early investigation is often critical in fatal railroad cases.

What if the Employee Was Partially at Fault?

FELA uses a comparative negligence system. A family may still recover compensation even if the railroad employee shared some responsibility for the incident.

The railroad may attempt to shift blame to the deceased employee, which makes independent investigation especially important.

Why Railroad Death Cases Can Be Complex

Railroad fatality cases often involve overlapping issues, including:

• Federal safety regulations
• Internal railroad operating rules
• Equipment inspections
• Electronic data records
• Crew communications
• Scheduling and fatigue practices
• Multi-employer job sites
• Contractors and third-party liability

Some cases also involve allegations that railroads ignored known hazards, failed to repair dangerous conditions, or pressured employees to operate in unsafe circumstances.

Determining exactly what happened may require extensive investigation and expert analysis.

How McEldrew Purtell Can Help

Our firm has a dedicated team specializing in FELA and railroad litigation. We work to help families understand what happened, preserve critical evidence, and pursue accountability when negligence may have contributed to the death of a railroad employee.

If your family lost a loved one in a railroad accident, McEldrew Purtell can help you understand your options under FELA and related wrongful death laws. Contact our team for a free and confidential consultation.