Virginia is railroad country. Norfolk Southern has been based in Norfolk for decades. CSX Transportation, which grew out of the old Atlantic Coast Line and Seaboard railroads, is still a Virginia corporation, even though its operations are now run from Jacksonville. Amtrak routes crisscross the state, with principal offices just across the northern Virginia border in Washington, D.C. The result is that a lot of railroad workers live and work in Virginia, and a lot of them get hurt.
When a railroad worker is injured on the job, the legal path forward is different from what most people are used to. Railroad employees do not file workers’ compensation claims. They file claims under the Federal Employers Liability Act, which is a federal statute that gives railroad workers the right to sue their employer for negligence. That distinction changes everything about how the case works, what you need to prove, and what you can recover.
How FELA Differs From Workers’ Compensation
Workers’ comp is a no-fault system. You get hurt at work, you file a claim, and you receive limited benefits. You do not have to prove your employer did anything wrong. But you also cannot recover damages for pain and suffering, and the amount you receive for lost wages is capped.
FELA works differently. You have to prove that the railroad was negligent. But if you do, the recovery is far greater. Under FELA, a railroad worker can pursue:
- Past and future lost wages at full value, not the reduced rate paid by workers’ comp
- All past and future medical expenses related to the injury
- Pain and suffering
- Loss of enjoyment and quality of life
- Wrongful death damages if the worker died from the injury or illness
There are no statutory caps. A jury decides the amount. Congress set it up that way because railroading was the most dangerous interstate job in the country when FELA was enacted, and lawmakers did not want to give the railroads the same liability protections that workers’ comp gives other employers.
The trade-off is that you have to build a case. You need evidence of negligence. And the railroad will fight it. They always do.
What Kinds of Railroad Injuries Lead to FELA Claims
The range of injuries we see in railroad injury cases is broad. Some are sudden and traumatic. Others develop over years of exposure to hazardous conditions. Both types are covered under FELA.
Common railroad injuries and illnesses include:
- Back, neck, and spinal injuries from falls, impacts, or repetitive work
- Traumatic brain injuries from being struck by equipment or thrown from cars
- Crush injuries and amputations from yard accidents
- Broken bones and joint damage
- Hearing loss from long-term noise exposure
- Lung diseases, including silicosis, asbestosis, and mesothelioma, from inhaling harmful dusts and fibers
- Cancer linked to occupational exposure to asbestos, diesel exhaust, or other carcinogens
The occupational disease cases deserve special attention. Silicosis, for example, is caused by inhaling silica dust from railroad ballast rock. When ballast regulators, brooms, and other maintenance equipment move the rock, the visible dust that rises contains harmful concentrations of silica that can lodge permanently in the lungs. This type of claim was pioneered in Virginia in the 1990s, and the evidence developed in those early cases showed that all ballast rock contains a percentage of silica and that the railroads were aware of the hazard.
Asbestos cases are equally significant. Railroads used asbestos insulation in steam engines, diesel engines, boxcars, and buildings for decades. Workers breathed in the fibers without respiratory protection, and many developed asbestosis, lung cancer, or mesothelioma years or even decades after their exposure ended. The latency period for mesothelioma can be 25 to 40 years, which means workers are often diagnosed long after they retire.
The Discovery Rule and the Statute of Limitations
FELA has a three-year statute of limitations. For traumatic injuries, that clock starts on the date of the accident. For occupational diseases like silicosis or mesothelioma, the clock starts when the worker knew or should have known that their condition was related to their railroad work. A worker who retired healthy and was diagnosed with lung disease 15 years later still has a viable claim as long as they file within three years of the diagnosis or the point at which the connection to their work became apparent.
Where Railroad Cases Can Be Filed in Virginia
Virginia has a complicated history with venue in railroad injury cases. For decades, railroad workers could file suit anywhere the railroad did business or had tracks. Since Norfolk Southern and CSX operate across the state, cases could be filed in cities like Portsmouth, Norfolk, and Virginia Beach.
The railroads did not like that. Large jury verdicts in those jurisdictions prompted the railroads to lobby the Virginia legislature for changes to the venue laws. The result was a statute that restricts where out-of-state workers can file claims. Under the revised law, if the worker lives outside Virginia and the injury did not occur in Virginia, the court can dismiss the case and require the worker to file in another state.
However, Virginia courts have consistently held that if any part of the worker’s claim arose from work performed in Virginia, the case should not normally be dismissed. A FELA lawyer who handles cases in Virginia will know how to evaluate the venue question and determine the strongest jurisdiction for your claim.
What the Railroad Will Do to Fight Your Claim
Railroads do not settle FELA claims easily. They have in-house legal departments and outside defense firms that handle these cases regularly. They will investigate the accident, interview witnesses, and build a version of events designed to shift blame to the worker. They will scrutinize your medical history, argue that your injuries are pre-existing or unrelated to work, and look for any evidence of contributory negligence.
Virginia follows a pure contributory negligence standard, which means if the railroad can prove you were even partially at fault for your own injury, your claim can be barred entirely. That rule does not apply in FELA cases the same way it does in state law claims, because FELA uses a comparative fault standard. Under FELA, your damages are reduced by your percentage of fault rather than eliminated. But the railroad will still try to assign as much fault to you as possible to reduce the payout.
This is why having a FELA lawyer who understands how the railroads defend these cases is not optional. It is the difference between getting what your case is worth and accepting whatever the railroad offers to make you go away.
Why the Firm You Choose Matters
Not every personal injury attorney handles railroad cases. FELA litigation is a specific area of law with its own rules, procedures, and strategic considerations. The medical evidence in occupational disease cases can be extraordinarily detailed. The discovery process involves subpoenaing railroad inspection records, training files, safety reports, and internal communications. The depositions require an understanding of how railroads operate, from the yard to the mainline.
When you partner with an experienced FELA lawyer from Shapiro, Washburn & Sharp, you are working with someone who understands what you’re going through. Since 1985, our law firm has filed hundreds of claims for railroad workers and for occupational disease claims as well.
In one case, we achieved a $978,000 verdict for a client who was employed as a locomotive engineer for a freight railroad when he injured his shoulder in the line of duty. The injury was later diagnosed as a torn glenoid labrum, a condition that was worsened during a collision between his train and a stationary railcar.
If you sustained an on-the-job injury due to employer negligence in the scope of your employment as a railway worker, reach out to our nationally recognized Norfolk FELA lawyers at (833) 997-1774 or via our online contact form to schedule a free legal consultation. Our offices are located in Norfolk, Portsmouth, Hampton, and Virginia Beach; however, our personal injury law firm proudly represents injured and deceased railroad workers across the eastern United States.