A train-related injury in Houston can be a life-altering event, whether you’re a dedicated railroad employee working along the busy freight lines or a passenger heading out from the Amtrak station on N. Main Street. When an accident happens, the path to getting financial help for your injuries is not the same for everyone. The legal road for a railroad worker is entirely different from the one a passenger must travel.
If you’ve been hurt, knowing which set of rules applies to you is critical. A knowledgeable FELA lawyer in Houston or a Houston train accident lawyer can help clarify the specific protections available for a railroad worker injury.
Key Takeaways about FELA vs. Personal Injury Claims
- The Federal Employers Liability Act (FELA) is a federal law that provides the sole legal remedy for railroad employees who are injured while on the job.
- Injured train passengers, pedestrians, or drivers at a crossing do not file claims under FELA; their cases are governed by Texas personal injury law.
- FELA provides a lower burden of proof for injured workers, requiring only that the railroad's negligence played a small part in causing the injury.
- Personal injury claims for non-employees, such as in a train passenger lawsuit, generally require proving the railroad's negligence was a direct and significant cause of the harm.
- The time limits for filing a claim and the types of recoverable damages can differ significantly between a FELA claim and a standard Texas personal injury case.
The Railroad Worker’s Path: Understanding Your Rights Under FELA
For the hardworking men and women who keep our country’s railways moving, a special federal law provides protection when they are hurt on the job. This law is called the Federal Employers’ Liability Act (FELA), and it was passed over a century ago because Congress recognized that railroad work is physically demanding and carries unique dangers. FELA is not a workers' compensation system; it is a fault-based system that allows injured railroaders to bring a case against their employer for financial recovery.
A FELA lawyer in Houston focuses on these specific types of cases, which are different from any other kind of injury claim.
Who Is Covered by FELA?
FELA was designed specifically for employees of railroad companies that are considered “common carriers” engaged in interstate commerce. This includes a wide range of jobs that are essential to railroad operations.
- Engineers and Conductors: Those who operate the trains.
- Brakemen and Switchmen: Workers who manage the coupling and movement of rail cars in yards.
- Maintenance of Way Employees: Individuals responsible for inspecting, repairing, and maintaining the tracks, signals, and bridges.
- Carmen and Machinists: Workers who inspect and repair the locomotives and rail cars.
This law provides a vital safety net for these employees, who are not covered by typical state workers' compensation programs for on-the-job injuries.
The FELA Difference: A Lower Bar for Proving Fault
One of the most important features of FELA is its standard for proving the railroad was at fault. In a typical personal injury lawsuit, you have to prove the other party’s carelessness was a major cause of your injury. Under FELA, the standard is much more favorable to the employee. An injured worker only needs to show that the railroad’s negligence played any part, no matter how small, in causing the injury.
This is known as “comparative negligence.” Even if a worker was partially responsible for their own injury, they can still recover damages, although the amount may be reduced by their percentage of fault. Common examples of railroad negligence that can lead to a successful FELA claim include:
- Failing to provide a reasonably safe place to work, free from hazards.
- Supplying defective or poorly maintained tools, equipment, or machinery.
- Not offering proper training, supervision, or assistance for a specific job.
- Enforcing unsafe work procedures or rushing employees to complete tasks.
- Allowing oil, debris, or other slipping and tripping hazards to accumulate in work areas.
These examples demonstrate that the railroad has a continuous duty to protect its employees from foreseeable harm.
What Compensation Can a Railroad Worker Seek?
When a FELA claim is successful, the injured worker can be compensated for the full range of their losses. The goal is to make the person "whole" again, at least from a financial standpoint. A FELA settlement or verdict can cover a wide range of damages.
- Past and Future Medical Expenses: All costs related to treating the injury, including hospital stays, surgeries, medication, and physical therapy.
- Past and Future Lost Wages: The income lost while unable to work, as well as any reduction in future earning ability due to the injury.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Disfigurement or Disability: Payments for permanent scarring, loss of a limb, or other lasting physical changes.
Seeking guidance from a legal professional who understands these specific claims is crucial to documenting and pursuing the full value of a railroad worker injury case.
The Passenger’s Path: Texas Personal Injury Law for Train Accidents
If you are not a railroad employee but were injured as a passenger, a pedestrian at a crossing, or in any other incident involving a train, your case falls under Texas personal injury law, and situations like this often raise the question you need a personal injury lawyer. Your rights and the process for filing a claim are completely different from a FELA case.
Instead of a federal statute, your train passenger lawsuit will be based on principles of negligence as defined by Texas state law.
The High Duty of Care Owed to Passengers
In Texas, trains, buses, and airplanes are considered "common carriers." This is a legal term for a transportation service that is open to the public. Because they are entrusted with the safety of their passengers, common carriers are held to a very high standard of care. They must use the highest degree of diligence to protect their passengers from harm. This is a much stricter standard than the "reasonable care" that a typical property owner owes to visitors.
This high duty of care means the railroad company must be proactive in identifying and fixing potential dangers to ensure passenger safety, from the moment a passenger enters the station in Houston to the moment they safely exit at their destination.
Proving a Train Passenger Lawsuit in Houston
To win a train passenger lawsuit, you and your attorney must prove the standard elements of a negligence claim. This burden of proof is higher than that in a FELA case.
You must show that:
- The railroad owed you a duty of care. (As a passenger, they owe you the highest duty of care).
- The railroad breached that duty. (They acted carelessly or failed to act when they should have).
- This breach caused your injuries. (There is a direct link between their failure and your harm).
- You suffered damages. (You have measurable losses, like medical bills and lost income).
Examples of railroad negligence that could lead to a passenger injury claim include incidents involving METRORail light rails, freight trains, or passenger trains like Amtrak.
- A violent jolt or sudden stop that causes passengers to be thrown from their seats.
- Failing to clean up spills or fix broken flooring inside a rail car, leading to a slip and fall.
- Dangerous conditions on the boarding platform, such as poor lighting or uncleared ice.
- A collision with another train or a vehicle at a crossing caused by an operator's error or a signal malfunction.
These types of incidents can form the basis of a strong personal injury case against the railroad company.
Compensation in a Texas Personal Injury Claim
The types of compensation, or "damages," available in a Texas personal injury claim are similar to those in a FELA case but are governed by state law, including the Texas Civil Practice and Remedies Code. An injured person can seek financial recovery for all their losses stemming from the accident.
- Medical Bills: Reimbursement for all past and future medical care.
- Lost Earning Capacity: Compensation for the inability to earn the same income as before the injury.
- Physical Pain and Mental Anguish: Damages for the physical suffering and emotional trauma of the event.
- Physical Impairment: Compensation for the loss of ability to enjoy life's activities.
- Disfigurement: Damages for scarring or other permanent changes to one's appearance.
An attorney can help you calculate the full extent of these damages to ensure you are asking for a fair amount.
FELA vs. Personal Injury: A Side-by-Side Comparison
Seeing the differences laid out clearly can help you understand why your status as an employee or passenger matters so much. A FELA lawyer in Houston is familiar with these distinctions and knows how they impact case strategy.
- Governing Law: A railroad worker injury claim is governed by the Federal Employers’ Liability Act (FELA), a specific federal law. A train passenger lawsuit is governed by the general personal injury and negligence laws of the state of Texas.
- Who It Covers: FELA exclusively covers employees of railroad common carriers. Texas personal injury law covers passengers, pedestrians, drivers at crossings, and any other non-employee injured by a railroad's operations.
- Standard of Proof: Under FELA, the employee only needs to prove the railroad’s negligence contributed to the injury in any way, even slightly. In a Texas personal injury case, the injured person must prove the railroad's negligence was a "proximate cause," or a direct and substantial factor, in causing the injury.
- Statute of Limitations: This is the deadline to file a lawsuit. For a FELA claim, the injured worker generally has three years from the date of the injury to file. For most Texas personal injury cases, the deadline is shorter—just two years from the date of the injury.
These fundamental differences highlight why an injured worker cannot file a standard personal injury claim and why a passenger cannot file a FELA claim. They are two separate legal worlds, and choosing the right one is essential.
A Note on Maritime and Offshore Workers: The Jones Act
Just as FELA provides special protection for railroad workers, another federal law, the Jones Act, protects those who work on the water. This law applies to “seamen” who are injured while working on a vessel in navigation. For workers in the Houston area, this could include those on tugboats, barges in the Houston Ship Channel, or crew members on offshore oil rigs and supply vessels in the Gulf of Mexico.
Like FELA, the Jones Act allows injured maritime workers to sue their employers for negligence and provides a similar "slight causation" standard of proof. It also requires employers to provide a "seaworthy" vessel, meaning the ship and its equipment must be reasonably fit for their intended purpose. Understanding these unique federal laws is key to helping injured transportation workers get the help they need.
Why You Need a FELA Lawyer in Houston for a Railroad Worker Injury
FELA cases are complex and are fiercely defended by railroads, which have teams of claims agents and lawyers dedicated to minimizing payouts, leading many injured workers to ask a personal injury lawyer for guidance. They may try to rush you into a small settlement, challenge the severity of your injuries, or argue that your own actions were the sole cause of the incident.
A FELA lawyer in Houston understands these tactics and knows how to build a case that stands up to the railroad’s defense. A dedicated legal representative will handle every aspect of your FELA claim so you can focus on your recovery.
- Conducting a Full Investigation: They will gather evidence, interview witnesses, and document the safety failures that led to your railroad worker injury. A thorough investigation can uncover patterns of negligence.
- Calculating Your Total Damages: A lawyer will work with your doctors and other financial professionals to determine the full financial impact of your injury, including future medical needs and lost earning potential.
- Negotiating with the Railroad: They will handle all communications with the railroad’s claims department and lawyers, protecting you from pressure and fighting for a fair settlement.
- Taking Your Case to Court: If the railroad refuses to offer a just settlement, an experienced trial lawyer will be prepared to present your case to a judge and jury to demand the compensation you deserve.
Having a knowledgeable advocate on your side levels the playing field and gives you the best chance of securing your financial future.
FELA vs. Personal Injury FAQs
Here are answers to some common questions that arise after a railroad-related injury.
What should I do if my railroad employer is pressuring me not to report my injury?
You should report any on-the-job injury immediately in writing, as required by company rules. It is illegal for a railroad to intimidate or discipline an employee for reporting an injury or for seeking medical attention. If you feel pressured, you should speak with a lawyer right away to understand your rights and protections.
Can I be fired for filing a FELA claim?
No. The Federal Rail Safety Act (FRSA) contains strong anti-retaliation provisions. It is illegal for a railroad to fire, demote, or otherwise discriminate against an employee for reporting an injury, filing a FELA claim, or providing information during an investigation.
What if I was partially at fault for my own railroad worker injury?
You can still recover damages under FELA. The law uses a "pure comparative negligence" standard. This means your total compensation will be reduced by whatever percentage of fault is assigned to you. For example, if you are found to be 10% at fault, your total award would be reduced by 10%. You are not barred from recovery unless you were 100% at fault.
How is a FELA settlement or award paid out?
Compensation is typically paid in a single lump sum. This payment covers all your damages, both past and future. The funds are usually sent to your attorney, who will then pay any outstanding case expenses and medical liens before distributing the remaining amount to you.
Does FELA cover injuries from repetitive stress or toxic exposure at the railroad?
Yes. FELA is not just for sudden, traumatic accidents. It also covers injuries that develop over time due to the cumulative effect of your job duties. This can include hearing loss from constant noise, joint damage from repetitive lifting, or illnesses caused by exposure to asbestos, diesel exhaust, or other harmful chemicals.
Let the Suits & Boots Team Get You Saddled Up for the Ride
At Suits & Boots Accident Injury Lawyers, we understand the profound impact an injury can have on your life. Brothers Jas and Kip Brar founded this firm because they were tired of seeing hardworking people shortchanged by big corporations and insurance companies. We believe you deserve a team that champions your cause and treats you with dignity and respect.
We use our proprietary Max Money Method to dig deep into every case, finding ways to get you compensated not just at the end, but along the way too. Our 30-Day Investigation comes at no cost and with no obligation, allowing us to give you real answers about your case. Let the WORK of the BOOTS and the SKILL of the SUITS get you the full and just compensation you deserve.
If you’ve been injured in any kind of railroad incident, don't try to handle it alone. Claim or start your free Investigation with Suits & Boots Accident Injury Lawyers today by contacting us at Houston train accident lawyer or through our online form.