St. Louis FELA Lawyer: Federal Protection for Bi-State Railway Workers

The Reality of Railroad Injuries in the St. Louis Hub

As a major national gateway, St. Louis rail yards—from the Terminal Railroad Association (TRRA) tracks to the BNSF and Union Pacific lines—present unique dangers. If you are injured on the job, you are not covered by standard Missouri or Illinois Workers’ Compensation. You are protected by the Federal Employers’ Liability Act (45 U.S.C. § 51).

Our attorneys know the serious injuries that can result from railway work. If you’ve been injured while working for the railroad, you want an experienced FELA attorney. At The Cagle Law Firm, we have successfully resolved FELA claims.

Why FELA Claims are Different in St. Louis Courts and Metro East Courts

Under FELA, the burden of proof is “featherweight.” You only need to prove the railroad’s negligence played the slightest part in your injury. However, railroads often use “Comparative Negligence” to reduce your settlement.

• Pure Comparative Fault: Even if you are 90% at fault, you can still recover 10% of your damages.

• The Safety Statute Exception: If the railroad violated a safety law (like the Locomotive Inspection Act), they are often held 100% liable regardless of your actions.

Common Hazards at Local Rail Yards

We represent conductors, carmen, and maintenance-of-way employees suffering from:

• Traumatic Incidents: Crushing injuries from defective coupling systems.

• Cumulative Trauma: Whole-body vibration and repetitive stress from long-haul runs.

• Toxic Exposure: Diesel exhaust inhalation and asbestos exposure in older engine shops.

Strategic Timeline: The 3-Year Statute of Limitations

In FELA cases, the clock starts either at the moment of injury or when you “should have known” an illness was work-related. Early investigation of the St. Louis rail site is critical to preserving evidence before it is moved or repaired by the carrier. Therefore, you have three (3) years from the date of the injury to file your lawsuit in the appropriate court on or before that three (3) year anniversary. Failure to file by the SOL will forever bar your case regardless of its merits

To schedule a free consultation with a St. Louis train accident attorney, call us today at (314) 276-1681 or through our contact form.

Uniqueness of FELA

FELA cases are unique in the American legal system because they feature concurrent jurisdiction. This means they can be handled in either state or federal court, depending on where the injured worker chooses to file the lawsuit. In the St. Louis Bi-State market, this often leads to strategic filings in specific venues like the City of St. Louis (Missouri) or Madison and St. Clair Counties (Illinois), which are historically known for their familiarity with complex railroad litigation.

Here is a breakdown of how this jurisdictional split works:

1. Concurrent Jurisdiction

Under 45 U.S.C. § 56, both federal district courts and state courts have the authority to hear FELA claims. This gives the plaintiff (the injured rail worker) a significant strategic advantage:

• The Choice of Forum: The worker’s attorney can evaluate which court system is more favorable. This may depend on the speed of the local docket, the typical jury pool in a specific county, or how local judges interpret specific procedural rules.
• Substantive Federal Law: Regardless of whether the case is in state or federal court, the substantive law applied remains federal. This means a state judge must follow federal statutes and U.S. Supreme Court precedents regarding FELA, such as the “slightest degree” negligence standard.

2. The “Anti-Removal” Provision

In most civil lawsuits, if a plaintiff files in state court but the case involves a federal question (like a federal statute), the defendant (the railroad) has the right to “remove” the case to federal court. However, FELA cases are non-removable. If a worker files their FELA claim in a state court of competent jurisdiction, the railroad is legally barred from moving it to federal court (under 28 U.S.C. § 1445(a)). This protects the worker’s choice of forum and prevents railroads from forcing cases into potentially less convenient or more conservative federal venues.

3. Determining Venue

While the worker can choose between state and federal systems, they must still file in an appropriate venue. Typically, a FELA action can be brought in a district where:

• The defendant railroad resides (headquarters).
• The cause of action (the injury) actually arose.
• The railroad was doing business at the time the action commenced.

Railroad History

Many know how the innovation of the railroad led to the great Westward Expansion in the United States.  However, the history of the railroad worker is the saga of rapid industrial expansion met with high mortality rates. Due to the high mortality rates of railway workers, some significant labor protections were established. In the early 19th and early 20th centuries, railroading was among the most dangerous occupations in the world. Literally, the railroad industry had record profits for until and there was little accounting for the damage to their workers.

Before 1908, injured workers had almost no recourse. If a worker was even 1% at fault or if a “fellow servant” (coworker) caused the accident, the railroad was not held liable. Data from 1889-1908 reports that anywhere from 2,000-4,532 were killed each year and injuries were in the hundreds of thousands-often catastrophic. The causalities were often compared to “an army in the field”.

FELA was passed in 1908 to establish safety and injury compensation rules for railroad workers.  Considering the years railroad companies were not held accountable in any way, FELA was welcomed legislation by railway workers. Importantly, the titan success of railroad barons was built on the literal backs of railroad workers.

Strides have been made in railway safety including,

• Safety Appliance Act- 1893- mandated automatic couplers and air brakes
• FELA – 1908, legal protection and compensation for injured workers
• Hours of Service Act- 1907, restricted consecutive hours to combat fatigue
• Federal Railroad Safety Act- 1970- Expanded the FRA’s authority to regulate all areas of rail safety
• PTC Implementation- 2020- Automated braking systems to prevent human-error collisions

Proving Railroad Negligence to Recover Damages

FELA cases operate under a pure comparative fault system (legally referred to in the statute as “comparative negligence”). This is one of the most critical distinctions between FELA and many state-level personal injury laws. Under 45 U.S.C. § 53, the fact that an employee may have been contributorily negligent does not bar them from recovering damages.

1. How Pure Comparative Fault Works in FELA

In a FELA claim, the jury determines the total amount of damages and then assigns a percentage of fault to both the railroad and the employee.

• No 50% Bar: Unlike “modified” comparative fault states (like Illinois), where a plaintiff is barred from recovery if they are 50% or 51% at fault, a railroad worker can theoretically be 99% at fault and still recover 1% of their damages.
• The “Slightest Degree” Standard: Because the railroad’s burden of proof is so low (they are liable if their negligence played any part, even the slightest), the pure comparative fault system ensures that even if a worker made a mistake, the railroad is still held financially responsible for its portion of the negligence

At The Cagle Law Firm, we offer effective legal representation and practical guidance for clients filing a FELA claim. An experienced St. Louis FELA lawyer from our team with extensive knowledge of the FELA claims process can handle every aspect of your case and will work to recover the maximum number of damages you are owed.

Most Common Injuries Suffered by Railway Workers

Musculoskeletal & Soft Tissue Injuries

• Back, Neck, and Joint Injuries: Caused by lifting heavy equipment, maintaining, or operating machinery.
• Ligament and Tendon Damage: Caused by Repetitive, strenuous movements (overuse).
• Herniated/Bulging Discs: Often resulting from jumping on/off moving equipment.

Traumatic Injuries (Slip, Trip, Fall, and Crush)

• Broken Bones and Fractures: Caused by slipping on oil or tripping on uneven railroad ballast (gravel).
• Crush Injuries/Amputations: Occur when workers are caught between coupling cars, locomotives, or heavy machinery.
• Head Injuries and Concussions: Resulting from falling objects or slipping and falling.

Environmental and Occupational Illnesses

• Burns: Caused by chemical solvents, explosions, fires, or working around hot metal surfaces.
• Respiratory Issues: Caused by inhaling toxic diesel fumes and dust (e.g., silicosis).
• Electrocution: Resulting from high-voltage equipment, overhead lines, or live wires.
• Hearing Loss: Caused by prolonged exposure to loud, constant noise.

Contact an Experienced St. Louis FELA Attorney

If you work on the railroad and are injured, it is usually severe.  If you suffered an injury incident, you have the right to obtain full and fair compensation if another party was at fault. At The Cagle Law Firm, we are experienced FELA attorneys and we fight for compensation for your injuries, lost wages and more.

Call the St Louis personal injury lawyers at our law office today at (314) 276-1681 or use our contact form to request a free, no-obligation consultation.

Author, Zane T. Cagle of The Cagle Law Firm focuses specifically on those seriously injured in car accidents. A member of the Multi-Million Dollar Advocates and Super Lawyer, Zane has the Case Results and 20 years of client service maximizing his client’s compensation