Michigan FELA Attorneys: Protecting the Rights of Injured Railroad Workers

You keep Michigan moving. We make sure the railroad takes care of you.

What is FELA?

The Federal Employers’ Liability Act (FELA) is a powerful federal law enacted specifically to protect railroad workers. Unlike the standard “no-fault” Workers’ Compensation that covers most Michigan employees, FELA allows you to sue the railroad directly for damages. Because the railroad industry is uniquely dangerous, FELA holds your employer to a higher standard of safety. If the railroad’s negligence played even the smallest part in your injury, you are entitled to recover full compensation—including damages for pain and suffering, which are not available under the Michigan Workers’ Compensation Act.

At Davis Law Center, we have spent over 30 years helping Metro Detroit railroaders navigate the complexities of FELA. From our office in Farmington Hills, we provide the aggressive representation needed to go up against major carriers such as CSX, Norfolk Southern, CN, and CPKC.

5 Critical Steps to Take After a Railyard Injury

The hours following an injury are the most important for your claim. The Railroad is already building a case against you; let’s start building yours.

1. Report the Injury Immediately: Do not “wait and see” how you feel tomorrow. Report it to your supervisor as soon as possible after the injury.
2. Be Precise on the Accident Report: Focus on the unsafe condition that caused the injury (e.g., defective switch, oil on a walkway, poor lighting).
3. Choose Your Own Doctor: You have the legal right to see your own physician. Do not feel pressured to use the “company doctor.”
4. Identify Witnesses: Get names and phone numbers of coworkers who saw the incident or the conditions leading up to it.
5. Fill Out An Accident Report ASAP: While a report is required, it is often requested when the injured worker is in extreme pain or even under medication at his or her bedside in the hospital. Under these conditions, employees will often sign such statements without understanding or even reading them. Wait until you feel up to it to fill out the report, and never let your supervisor or employer do it for you.
6. Do Not Give a Recorded Statement: While you are required to fill out an accident report, you are not required to give a recorded interview to a claims agent without your attorney present.

The FELA Difference – Why You Need a Specialist

FELA is not like workers’ compensation. Instead, FELA is a “fault-based” system, meaning you must prove the railroad was at least partially negligent in causing your injury or violated the Safety Appliance Act.

Proving Negligence Under FEMA

Under FELA, the railroad has a “non-delegable duty” to provide you with a reasonably safe place to work. Negligence occurs when the railroad fails to meet that duty—even in the slightest way. Common examples of railroad negligence that lead to successful FELA claims include:

1. Unsafe Walking Surfaces (Ballast & Debris)

• Improper Ballast: Using large, irregular “mainline” ballast in areas where workers are expected to walk or switch cars, leading to tripped or turned ankles and knee injuries.
• Slip & Fall Hazards: Allowing oil, grease, or ice to accumulate on locomotive walkways, ladders, or roundhouse floors.
• Debris: Leaving discarded brake shoes, scrap metal, or overgrown vegetation in the “right-of-way.”

2. Dangerous Work Methods & Staffing

• Inadequate Help: Forcing a worker to perform a two-person task alone to save time or money.
• Predictable Fatigue: Violating hours-of-service rules or creating “toxic schedules” that lead to exhaustion-related errors.
• Lack of Training: Sending an employee into a high-risk situation without proper mentorship or safety instruction.

3. Toxic Exposure (The “Invisible” Injury)

• Diesel Exhaust: Failing to provide proper ventilation in shops or cabs, leading to lung cancer or respiratory disease.
• Asbestos & Solvents: Exposure to cancer-causing chemicals used in older equipment or cleaning processes without providing adequate PPE (Personal Protective Equipment).

4. Defective Equipment & Tools (Violation of the Safety Appliance Act)

The Safety Appliance Act mandates that the railroad must provide safe tools and equipment as well as proper training for the use of the tools and/or equipment, and proper training for any work involved in the everyday operation of a railroad. This includes not only railroad cars but tracks, machinery, appliances, and a catchall, “other equipment.” Under this statute, the employee needs only to demonstrate that the Act was violated and that the violation contributed to his injury to recover damages. As an example, we represented a client engaged in coupling railroad cars. The cars connect via knuckles attached to a drawbar with a knuckle pin. In our case, the knuckle pin fell out, and our client injured his back while trying to keep the drawbar from falling onto his foot. We sued under the Safety Appliance Act and FELA, and the Court held the defendant railroad responsible for Plaintiff’s damages based solely on the defective knuckle pin.

Damages Recoverable Under FELA

Unlike Workers’ Comp, a successful FELA claim allows you to recover:

• Full Wage Loss: Not just a percentage of your checks.
• Pain and Suffering: Compensation for the physical and emotional toll of the injury.
• Future Earnings: If you can no longer work on the ground or climb on equipment.
• Medical Expenses: Coverage for past and future treatments.

FELA FAQS

Serving the Hubs of Metro Detroit

We aren’t a national “settlement mill.” We are a Farmington Hills law firm that understands the specific hazards of Michigan’s infrastructure. Whether you work out of the Rouge Yard, the Oak Yard, or anywhere along the Detroit-Chicago corridor, we know the terrain.

We represent conductors, engineers, maintenance-of-way workers, and signalmen who have suffered:

• Repetitive stress and cumulative trauma
• Traumatic brain injuries or crush injuries
• Exposure to toxic chemicals or asbestos
• Whole-body vibration injuries

No Fee Unless We Win

At Davis Law Center, we take the financial stress off your shoulders. We work on a contingency fee basis, meaning you pay nothing out of pocket. We only get paid when we successfully recover a settlement or verdict for you.

Don’t let the Railroad’s claims agents dictate your future.

Call Neil Davis today at (248) 865-7740, fill out our contact form, or visit our Farmington Hills office on Northwestern Highway for a Free, Confidential Case Evaluation.

Davis Law Center: your trusted partner for railroad accident & FELA cases. Serving Detroit, Farmington Hills, Southfield, Macomb County, and all of Michigan.