Fighting for Railroad Workers. Protecting Communities Along the Line.
Railroad injuries, whether to passengers or railroad workers, demand fast action and deep, niche experience. At McEldrew Purtell, weâve handled derailments, grade-crossing collisions, station/platform incidents, and worker injuries governed by the Federal Employersâ Liability Act (FELA). Our team combines rail-industry knowledge with catastrophic-injury litigation skill to protect your rights, build the strongest case possible, and pursue full, fair compensation.
Our railroad practice is led by Jim McEldrew, Past President of Rail Labor Attorneys and Past President of the Philadelphia Trial Lawyers Association, who has been trusted by media following major Amtrak and NJ Transit crashes. We regularly represent injured workers and passengers in matters involving Amtrak, SEPTA, and other railroads nationwide
FELA & Railroad Accident Lawyers
With decades of catastrophic injury and wrongful death experience, McEldrew Purtell is uniquely positioned to litigate complex rail cases. We understand the interplay of federal preemption, tort law, FELA standards, medical damages, and sovereign immunity issues that can arise in claims against public transportation authorities like SEPTA.
Our Results
McEldrew Purtell has a proven track record of maximizing recovery for our clients.
Results may vary depending on your particular facts and legal circumstances.
Navigating FELA & Railroad Injury Cases: A Comprehensive Guide for Injured Workers, Passengers, and Families
This guide explains your rights under the Federal Employersâ Liability Act (FELA), what to do first, how claims against SEPTA and other railroads work, the statistics behind rail incidents, how to choose the right lawyer, and the types of compensation available.
Ways We Can Help
Rail cases demand fast action and deep industry knowledge. Whether youâre a railroad employee hurt on the job or a passenger injured on a train or platform, our team knows how to secure and analyze the evidence that proves negligence. Below are the types of FELA and railroad cases we handle.
FELA Workplace Injuries (Rail Employees)
Yard and track injuries, switching accidents, struck-by incidents, falls, crush and pinch injuries, overexertion, and repetitive-trauma claims for conductors, engineers, MOW crews, carmen, signalmen, and other craft employees.
Grade-Crossing Collisions
Trainâvehicle impacts at public or private crossings, inadequate warnings, obstructed sightlines, malfunctioning gates or lights, and excessive speed or horn/whistle noncompliance resulting in catastrophic injury or death.
Train-to-Train Collisions & Near-Miss Events
Dispatching, signal, or communication errors leading to collisions, sudden stops, or violent slack-action injuries to crew or passengers.
Derailments
Track defects, broken rail, improper maintenance, equipment failure, overloaded/imbalanced consists, and speed or braking issues causing catastrophic injury or death.
Passenger & Commuter Rail Incidents (Amtrak, SEPTA, NJ Transit, etc.)
On-board falls, sudden deceleration injuries, defective doors, inadequate crowd control, and unsafe conditions on platforms, stations, stairways, elevators, and escalators causing catastrophic injury or death.
Equipment & Component Failures
Defective locomotives, railcars, brakes, couplers, handbrakes, ladders/steps, or safety appliances; improper inspection or maintenance leading to serious injury or death.
Track, Signal & Dispatching Errors
Improper switch alignment, signal malfunctions, PTC issues, and human-factors errors causing collisions, derailments, or hazardous movements.
Maintenance-of-Way & Construction Accidents
Ballast, tie, and bridge work; roadway machine incidents; crane and heavy-equipment accidents; third-party contractor negligence on railroad property.
Electrocution & High-Voltage Contact
Catenary and third-rail contact injuries, arc flash events, and inadequate lockout/tagout or de-energizing procedures.
Toxic & Occupational Exposure (FELA Occupational Disease)
Diesel exhaust, silica, solvents, welding fumes, and other chronic exposures resulting in respiratory disease, cancer, neurologic injury, or hearing loss.
Platform, Station & Premises Liability
Trip-and-fall hazards, inadequate lighting, snow/ice accumulation, broken surfaces, and negligent maintenance or security at stations and terminals.
Door, Gap & Boarding/Alighting Injuries
Malfunctioning door systems, excessive platform gaps, and unsafe boarding or alighting procedures affecting passengers and crew that result in catastrophic injury or death.
Donât Just Take Our Word For It
Hear From Our Clients
At McEldrew Purtell, results matter and so does the way we achieve them. While our case outcomes reflect our tenacity in court and at the negotiation table, itâs the voices of our clients that truly capture who we are and why we do this work.
We represent people at the worst moments of their lives: after catastrophic injuries, workplace tragedies, and preventable losses. Through every case, we aim to deliver not just compensation but clarity, confidence, and care.
If youâre considering working with a Philadelphia trial lawyer, we invite you to read what our clients have said about their experiences with McEldrew Purtell. Their words are the most powerful testament to our values, our dedication, and our results.
Learn More
Legal Insight: Defining the Ownership of Tracks in Philadelphia – Where Should I look?
This article was created by the Philadelphia Trial Lawyers Association for The Verdict newsletter in conjunction with Cormick McLaughlin of McEldrew Purtell and is intended to provide legal insight into the ownership of railroad tracks in the Philadelphia area. Finding…
$700,000 FELA Settlement
Colin Haviland and Daniel Purtell settled an FELA case for $700,000 on behalf of a client who suffered severe injuries as a result of his Railroad employer failing to supply the proper equipment to complete his job. McEldrew Purtellâs client…
$885,000 FELA Settlement
Attorney John Coyle settled an FELA case for $885,000 for a union railroad worker, John Felder, who suffered serious injuries on the job, while loading railroad ties. Mr. Felder and a coworker were tasked with moving railroad ties onto a…
$1.6 Million Verdict Against SEPTA
McEldrew Purtell attorney, John Coyle, supported by Associate Attorney, Cormick McLaughlin, secures a $1.6 million verdict in the Philadelphia Court of Common Pleas on a no offer case on behalf of SEPTA conductor, Donnell Shuler in an FELA & Railroad case.…
Everything You Should Know About FELA Claims
As a hardworking railroad employee, you enjoy many exciting career opportunities but are also exposed to alarming risks. It’s common to suffer minor scrapes, but railroad workers are also vulnerable to broken bones, concussions, or even severe burns. Given these…
Elements of a Train Accident Lawsuit
Train accidents can lead to devastating injuries. This catastrophic harm can lead to high medical bills, financial struggles, and severe pain. These accidents are often the result of negligence. You could be owed substantial compensation for your injuries if that…
FAQs
Get answers to commonly asked questions regarding railroad accidents and learn how we can help with your case.
What is FELA and who qualifies?
FELA is a federal law that lets railroad employees injured on the job recover damages when the railroadâs negligence played any part in causing the injury. Itâs different from no-fault workersâ compensation: you must prove negligence, but available damages are broader.
How is a FELA claim different from workersâ comp?
Workersâ comp is generally no-fault but limits benefits. FELA is fault-based and allows a jury to award full tort damages (medical bills, wage loss, pain and suffering), reduced only by any comparative negligence attributed to the worker.
What is the deadline to file an FELA claim?
Most FELA claims must be filed within three years of when the injury accrued. Donât wait! Evidence in rail cases disappears quickly.
I was injured as a passenger on a train (Amtrak/SEPTA). Do FELA rules apply to me?
FELA applies to employees. Injured passengers generally bring negligence claims under state law. If the defendant is a Commonwealth entity like SEPTA, the case may be subject to sovereign-immunity exceptions and statutory damage caps.
Where can an FELA case be filed?
FELA allows concurrent state/federal jurisdiction, but modern Supreme Court precedent restricts personal jurisdiction. Venue/jurisdiction typically must connect to where the injury occurred or where the railroad is âat home.â We map the best, proper forum for your case.
What damages can railroad workers recover under FELA?
Medical expenses, future care, wage loss and diminished earning capacity, pain and suffering, and in death cases, survivor damages. Amounts are determined by a jury and can be reduced for comparative fault.
Should I talk to a railroad or insurance claims agent?
Not before you talk to counsel. Statements can be used to minimize your claim. We handle communications and protect your rights from the outset.