Pennsylvania Railroad Attorneys
Injured working for a railroad? McEldrew Purtell represents rail employees across the United States in claims under the Federal Employersâ Liability Act (FELA). If you were hurt on the jobâon the tracks, in the yard, in a shop, or in transitâyou may be entitled to compensation when employer or coworker negligence played any role in your injury.
Why FELA Is Different From Workersâ Compensation
Unlike state workersâ compensation, FELA is a federal negligence law for railroad workers. To recover, an injured rail employee must show that the railroadâs negligence contributed to the injury. Damages available under FELA are broader than typical workersâ comp benefits and can include full wage loss, future earning capacity, medical expenses, pain and suffering, and loss of lifeâs pleasures.
Key differences:
- Fault matters: You must prove railroad negligence (unsafe conditions, rule violations, inadequate staffing, defective equipment, unreasonable work quotas, etc.).
- Comparative negligence: Any fault assigned to you can reduceâbut does not barârecovery.
- Jury trial rights: You have the right to bring a case in state or federal court and request a jury.
- Broader damages: Economic and nonâeconomic losses are both recoverable.
Deadline: Most FELA claims must be filed within three years of the injury or discovery of an occupational disease. Act quickly to protect evidence and your rights.
Who We Represent
We advocate for all crafts and departments, including:
- Train and engine crews (conductors, engineers, assistant conductors)
- Maintenanceâofâway and track workers
- Signal and communications employees
- Car and locomotive shop employees (machinists, electricians, carmen)
- Yardmasters and dispatchers
- Contractors and thirdâparty workers performing railroad tasks
Common Railroad Workplace Injuries We Handle
- Traumatic incidents: derailments, yard mishaps, runâovers, pinches/crushes, falls from equipment, coupling/uncoupling injuries
- Equipment hazards: defective handrails/steps, faulty brakes, poor lighting, broken ballast, cluttered walkways, bad radios
- Unsafe practices: excessive hours, inadequate manpower or training, unsafe switching, improper lockout/tagout, ignored safety rules
- Repetitive stress & cumulative trauma: back, shoulder, knee, and hand/wrist conditions from years of heavy lifting, vibration, and awkward postures
- Toxic exposures & occupational disease: diesel exhaust, silica/ballast dust, solvents, welding fumes, asbestos, hearing loss from chronic noise
How We Prove Railroad Negligence
Railroads are obligated to provide a reasonably safe workplace. Our team investigates quickly to document:
- Rule and regulation violations (carrier rules, FRA regulations, industry standards)
- Equipment and track conditions (photographs, measurements, preservation letters)
- Crew size, training, and supervision (records and testimony)
- Dispatching and work assignments (fatigue, unrealistic time pressures)
- Maintenance logs and inspection records
- Prior incident history and systemic hazards
We work with safety engineers, human factors experts, industrial hygienists, and medical specialists to connect the railroadâs conduct to your injury and future losses.
What Your FELA Case May Be Worth
Your recovery depends on your unique facts, but damages may include:
- Past and future medical expenses
- Lost wages and loss of earning capacity (including missed overtime and benefits)
- Pain, suffering, and loss of enjoyment of life
- Disfigurement or permanent impairment
- Household services and outâofâpocket costs
Families pursuing wrongful death claims under FELA may recover for economic support, benefits, and related losses.
What To Do After a Railroad Injury
- Report the injury to the carrierâfactually and completely. Avoid speculation.
- Seek medical care from a provider you trust. You are not required to treat only with railroadâsuggested doctors.
- Preserve evidence: take photos, keep defective parts if safe, note witnesses and times, save your PPE and clothing.
- Do not give recorded statements to claim agents before speaking with counsel.
- Call McEldrew Purtell for a free, confidential consultation.
Our Approach & Results
- Rapid response: We send preservation letters immediately to secure locomotive event recorder data, video, inspection records, and scene access.
- Craftâspecific strategy: We understand how each job is actually performed and where corners get cut.
- Trialâready: We prepare every case as if it will be tried to a jury, which often drives better settlements.
Results vary and depend on facts. Past outcomes do not guarantee future results.
Frequently Asked Questions (FAQ)
Do I have to prove the railroad was 100% at fault?
No. Under FELA, even slight negligence by the railroad that contributes to the injury is enough. Your own share of fault, if any, may reduce the award proportionally.
Can I choose my own doctor?
Yes. You control your medical care. Keep all records and follow treatment recommendations.
What if my injury developed over time?
Cumulative trauma and occupational diseases are actionable. The filing deadline generally runs from when you knew or should have known the condition was workârelated.
Where can I file my case?
FELA allows suits in state or federal court. Venue strategy can impact your caseâour attorneys will advise based on the facts.
Will the railroad retaliate if I file a claim?
Retaliation is unlawful. Separate federal laws protect rail employees who report injuries or safety concerns.