Railroad workers injured on the job are not covered by standard workers’ compensation. Instead, they are protected by the Federal Employers’ Liability Act (FELA), a federal law that allows injured railroad employees to sue their employer for negligence. FELA claims are more complex than standard injury claims and require proving employer negligence — but they also allow for a broader range of damages than workers’ comp. Our attorneys handle FELA claims for conductors, engineers, maintenance workers, and other railroad employees across Louisiana.

Collisions between trains and vehicles at railroad crossings are a leading cause of railroad-related deaths in Louisiana. These accidents often involve inadequate warning signals, obscured sight lines, malfunctioning gates, or poorly maintained crossings. Liability may fall on the railroad company, a government entity responsible for crossing maintenance, or both.

Derailments can injure passengers, bystanders, and workers. They are frequently caused by track defects, improper maintenance, excessive speed, equipment failure, or operator error. When a derailment causes injury, the railroad company and potentially equipment manufacturers may be held liable.

Railroad workers regularly work on moving trains, uneven ballast, and elevated platforms. Falls caused by unsafe working conditions, inadequate lighting, missing handrails, or slippery surfaces are among the most common FELA injuries. Under FELA, a railroad’s failure to provide a reasonably safe workplace is grounds for a claim.

Railroad workers may be exposed to diesel exhaust, asbestos, herbicides used on railroad rights-of-way, and other hazardous substances over the course of their careers. Long-term exposure can cause cancer, respiratory disease, and neurological damage. FELA allows workers to pursue claims for occupational illnesses caused by these exposures.

Defective couplers, braking systems, hand tools, and heavy machinery can cause serious injuries to railroad workers and bystanders alike. When a manufacturing defect or inadequate maintenance contributed to the accident, the equipment manufacturer or the railroad itself may bear liability.

The Federal Employers’ Liability Act (FELA) is the exclusive remedy for railroad workers injured on the job — standard Louisiana workers’ compensation does not apply. Unlike workers’ comp, FELA requires you to prove that your employer’s negligence contributed to your injury. However, FELA also allows for significantly broader damages, including pain and suffering and loss of enjoyment of life, which workers’ comp does not cover. Even partial employer negligence is enough to support a FELA claim under the law’s reduced burden of proof standard.

FELA claims have a three-year statute of limitations from the date of the injury. For non-worker railroad accident claims — such as a crossing collision or derailment injury to a bystander — Louisiana’s standard two-year personal injury deadline generally applies. Either way, do not wait. Evidence disappears quickly and railroads begin building their defense immediately after an accident.

Yes. Both FELA and Louisiana’s pure comparative fault system allow you to recover even if you were partially responsible. Under FELA, your damages are reduced in proportion to your share of fault. Railroads routinely try to inflate the worker’s percentage of fault to reduce what they owe — our attorneys push back against that aggressively.

Get medical attention right away, even if you feel your injuries are minor. Report the accident to your supervisor or the appropriate authority and make sure a written report is filed. Do not give a recorded statement to the railroad’s claims agent or sign any documents without speaking to an attorney first. Railroads send investigators to accident scenes quickly — you need legal representation just as fast. Call us before you speak to anyone from the railroad company.

Not at all. We represent railroad injury victims throughout Louisiana, including those injured along freight corridors, at industrial sites, and at crossings across the state. Our offices in Baton Rouge, New Orleans, and Lafayette allow us to serve clients no matter where the accident occurred.