FELA | Lawyers for the Injured


Personal Injury Lawyers Criminal Defense Attorneys Albany NY

Federal Employers Liability Act (FELA) / Railroad Injury Attorneys

If you work for a railroad transportation company and you were injured on the job, there is a special law called the Federal Employers Liability Act which provides and affords special protections for injured employees while working on the Railroad. FELA operates in a similar fashion to workers compensation. In a FELA case, unlike workers compensation, an injured railroad employee can sue their employer and may recover for pain and suffering.

Frequently Asked Questions about the Federal Employers Liability Act (FELA) / Railroad Injuries

Our personal injury lawyers provide answers to some important questions below.

Can I sue my employer if I am injured working on the railroad?2020-07-08T20:41:15+00:00

Yes.  Even if you are found to be partly at fault, so long as you are not 100% at fault for your injury, FELA allows for an employee to sue their employer.

What do I need to prove to win a FELA case?2020-07-08T20:40:27+00:00

An injured railroad worker must prove that injury was caused by the negligence of the railroad company, other employees, agents, or contractors, or from a defective or faulty product or piece of equipment provided by the Railroad.  Strict or absolute liability against the railroad may be imposed if the railroad violated a safety statute or regulation.

Where do I bring a FELA lawsuit?2020-07-08T20:40:05+00:00

FELA lawsuits can be brought in either State or Federal Courts. It is important to work with a railroad injury attorney with knowledge and experience in FELA lawsuits who can explain the pros and cons to appropriately choose the jurisdiction right for you and your case.

What should I do after I have been injured while working on the railroad?2020-07-08T20:39:22+00:00

If you have been hurt while working on the railroad, it is important that you notify your supervisor of the nature and extent of your injuries and to seek medical attention as soon as possible.  You should also contact your union representative immediately.  It is always best to contact an experienced railroad injury lawyer before making any statements or providing information to a claims representative.

If I am partially at fault for my injury, can I still sue?2020-07-08T20:38:49+00:00

Yes.  Like many other personal injury cases, FELA cases use the comparative negligence standard.  This means a percentage of fault will be assessed against the injured railroad worker and the railroad.  Any award would then be reduced by your percentage of fault.  For example, if you suffered a severe injury and were awarded 1 million dollars, and a judge or jury determined the fault responsibility to be 25% for the injured worker and 75% for the railroad, the 1 million dollar verdict would be reduced by 25% to $750,000.

Am I entitled to any benefits while my case is pending?2020-07-08T20:38:11+00:00

You may be entitled to benefits under the Railroad Retirement Board disability benefits or supplemental disability benefits.  You should contact your union representative to see what benefits are available for you.

What types of cases does FELA apply to?2020-07-08T20:37:46+00:00

FELA applies to injuries on the railroad that can range from falls from heights, defective equipment, asbestos exposure, repetitive stress, and cumulative trauma injuries.

What damages can I recover in a FELA case?2020-07-08T20:37:18+00:00

In a FELA case, you can seek past and future wage loss; out of pocket expenses; past and future pain and suffering; psychological treatment; past and future medical expenses.  In a wrongful death case, dependents can seek economic loss for the death of a family member.

How do you value an injury in a FELA case?2020-07-08T20:36:14+00:00

The value of an injury to an injured railroad worker depends on the severity of the injury, the amount of time lost from work, whether the railroad employee can return to work, and the permanency of the injury.  It is important to work with an experienced personal injury attorney who has handled FELA and railroad worker injuries to help obtain the best outcome for you.

Do you need an attorney to handle your FELA claim?2020-07-08T20:35:48+00:00

While you are not required to have an attorney handle your case, it is always better to contact an experienced railroad injury attorney as they will have the knowledge and skill to help obtain the best verdict or resolution for you.

How long will my FELA case take?2020-07-08T20:35:14+00:00

The length of a case for a person injured while working on the railroad varies.  For information on the general time frame of a personal injury, see the timeline below.  The amount of time a case takes depends on many factors including the extent of the injuries, whether the case will be litigated or settled, how the injury occurred, and whether you are able to return to work.  Often, you need to wait some time to determine the answers to these questions.  An experienced railroad injury attorney will be able to help guide you through the process.

Do I have to be treated by the Railroad Doctor?2020-07-08T20:23:36+00:00

No.  While you may have to be examined by a railroad doctor, you have the right to treat with any doctor or physician of your choice for your injuries.  You should make sure the doctor that you treat with accepts your insurance or you may otherwise be responsible for the costs associated with seeing the physician.

Timeline of a Personal Injury Case

Recent Verdicts & Settlements

Worksite Injury
Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.


Negligent Assault
Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body.  He also suffered from short and long term memory deficits and other cognitive deficits.


Worksite Injury
Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.


Nursing Home Negligence
An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.


Federal Employers Liability Act/FELA
Plaintiff suffered a significant back injury while working for CSX.


Worksite Injury
Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.


Farm/Tractor Accident
The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.


Bicycle Accident
Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.


Wrongful Death
Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.


Automobile Accident
Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.


Medical Negligence
Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.


* Prior results do not guarantee future outcomes.

LaMarche Safranko Law Testimonials


Vicki Testimonial Transcript
Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.

Laurie Testimonial Transcript
George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.

Jules Testimonial Transcript
What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.

Chuck Testimonial Transcript
Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.

“Dear George, Andy and Staff,

Thank you all for your kindness and all your help in getting back to my wellbeing and life.  I could not have done it without you all.  Everything is going so well again.  I recommend you highly. Thanks Again!”

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A client from Troy, NY

“Dear Andy,

Thank you so much for everything you have done for our son over the last three years.  This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!

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Parents of a client from Cropseyville, NY

“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….

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A client from Albany, NY

“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life

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Anonymous Attorney from Albany, NY

“Dear Mr. Safranko,

Thank You so much for answering my question, and so expediently!

The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…

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A client from Albany, NY

“The staff at LaMarche Safranko Law took care of  whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service  was very, very good and I would Highly recommend them.”

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A personal injury client from Cohoes, NY

“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….

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A client from Rensselaer, NY

“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….

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A personal injury client from Waterford, NY

“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….

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A client from Schenectady, NY

“Dear Andrew and George,

I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….

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A client from Colonie, NY

“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….

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A client from Albany, NY

“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor.  George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…

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A client from Troy, NY

“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….

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A client from Upstate New York

“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…

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A client from Altamont, NY
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