Railroad jobs are among the most physically demanding and dangerous occupations in the nation. When accidents happen, injured workers often face physical pain, emotional trauma, and the financial pressure of medical bills and lost income.
At Winocour Law, we have decades of courtroom-tested experience holding railroad employers accountable under the Federal Employers’ Liability Act (FELA). If you were hurt at work, our attorneys will fight to help you recover the full measure of compensation you deserve.
Meet Your Attorneys
Jonathan Winocour – Founder & Principal Attorney
Jonathan Winocour is a seasoned trial lawyer with more than two decades of experience handling complex personal injury and wrongful death cases, including claims under the Federal Employers’ Liability Act (FELA). He prepares every case with the expectation that it may go before a jury, ensuring no detail is overlooked in investigation, evidence gathering, or strategy.
Jonathan has secured multiple multi-million verdicts and settlements for clients and is recognized as a National Trial Lawyers Top 100 member and a Diplomate of the National Institute of Trial Advocacy.
Mike C. Miller, Of Counsel
Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 1989, Mike C. Miller has more than 35 years of experience representing injured clients. A significant part of his practice focuses on Federal Employers’ Liability Act (FELA) cases, where he has represented railroad workers in derailments, vehicle collisions, close clearance incidents, rough footing accidents, and multi-plaintiff occupational injury claims.
His trial record also includes high-stakes workplace and industrial injury cases such as an industrial slip-and-fall inside a paper mill storage tank that led to multiple knee surgeries and Complex Regional Pain Syndrome; pipeline explosion injuries; and a crush injury at a steel plant caused by unsafe clearance and poor operator visibility. Mike has also handled several wrongful death claims.
What Is the Federal Employers’ Liability Act (FELA), and How Do FELA Claims Work?
The Federal Employers’ Liability Act—often called FELA—is a law passed in 1908 to protect railroad workers who get hurt on the job. At that time, railroad work was extremely dangerous, and regular workers’ compensation didn’t exist. FELA was created so injured railroad employees could hold their employers accountable and obtain the compensation they needed to recover.
Here’s the key difference from regular workers’ compensation:
- Workers’ comp pays benefits no matter who is at fault, but the payouts are usually smaller and limited.
- FELA requires you to prove that your employer, a supervisor, or a co-worker did something wrong—or failed to do something—that contributed to your injury. The good news is that even if their mistake was small, you may still have a valid claim.
When we say “negligence,” we simply mean that someone failed to take reasonable steps to keep you safe. Examples could include:
- Not providing proper safety gear
- Not fixing dangerous equipment
- Failing to train workers correctly
- Ignoring known hazards on the job site
If negligence played a part in your injury, FELA allows you to seek compensation for:
- Medical bills (past and future)
- Lost wages if you can’t work during recovery
- Reduced earning capacity if you can’t return to your old job or work the same hours
- Pain and suffering for the physical and emotional toll the injury has taken
Another important difference is that FELA cases aren’t handled in the workers’ comp system. Instead, they are brought in state or federal court, which often allows for more types of damages than workers’ comp.
In short, FELA gives injured railroad workers a way to recover more complete compensation—but it also requires proving some level of fault. That’s why having an experienced, trial-ready FELA lawyer on your side is so important.
Don’t Miss the Deadline to File
FELA claims have a strict three-year deadline. This means you have three years to file your lawsuit starting from either the date the injury happened, or the date you first realized—or reasonably should have realized—that your injury or illness was related to your railroad work.
For sudden injuries, like a fall or equipment accident, the start date is usually obvious. But for conditions that develop over time, such as hearing loss, back problems, or lung issues from diesel fumes, the clock starts when a doctor diagnoses you or when the link to your job becomes clear.
Proving this date often relies on medical records, workplace reports, and sometimes expert testimony showing when your injury began and how it connects to your work. It’s important to speak with a Dallas personal injury lawyer as soon as possible so you don’t risk losing your right to compensation.
What If You Miss the FELA Deadline of 3 Years?
If more than three years have passed since your injury—or since you discovered it was caused by your railroad work—your options for filing a FELA lawsuit are very limited. In most cases, missing the deadline means the court will refuse to hear your case, no matter how strong your evidence is.
However, there are rare situations where the clock might be paused, such as if you were mentally or physically unable to file due to the injury, or if the railroad actively misled you about your rights or the cause of your condition. These situations are uncommon and difficult to prove, but an experienced FELA lawyer can review your circumstances to see if any exceptions apply.
Even if your claim under FELA is no longer possible, you may still have other legal options depending on the details of your case—so it’s always worth speaking with an attorney to understand where you stand before assuming nothing can be done.
Common Railroad Job Hazards
Railroad work exposes employees to serious risks every day. Injuries can happen as a result of mechanical failures, environmental hazards, or human error.
Railroad workers can be hurt due to:
- Inadequate training or supervision
- Defective equipment or tools
- Lack of proper safety gear
- Dangerous track or yard conditions
- Exposure to toxic substances like asbestos or diesel fumes
Railroad worker injuries include:
- Traumatic brain injuries
- Crush injuries or amputations
- Back, neck, or spinal cord injuries
- Hearing loss from prolonged noise exposure
- Respiratory illness from chemical exposure
- Death
These injuries often result in long-term consequences, affecting an individual’s quality of life and ability to return to work. Without this income, families of injured railroad workers may face a considerable financial burden in addition to the physical and emotional pain and trauma.
Contact a Dallas FELA Injury Lawyer Today
If you or someone you love has been hurt while working for a railroad in Texas, time is not on your side—the sooner you act, the stronger your case can be. At Winocour Law, we don’t just file paperwork; we fight for injured railroad workers with the same grit and determination you bring to your job every day. Our team will listen to your story, explain your rights in plain language, and guide you step-by-step through the process of pursuing full compensation.
Your consultation is free and confidential, and you pay nothing unless we win your case. Contact us today to get the answers you need and the representation you deserve.
Frequently Asked Questions
What should I do immediately after a railroad injury in Dallas?
Your health and safety should always be your first priority. Seek immediate medical attention, report the incident to your supervisor, and document everything. Contact our Dallas FELA attorneys for guidance before signing any paperwork or speaking to any insurance representatives or other parties working for the railroad or your employer.
Is a FELA claim the same as workers’ compensation?
No. FELA is fault-based and typically allows for broader recovery, including pain and suffering. Liability is not relevant for workers’ compensation, but benefits are more limited.
Do I need a lawyer to file a FELA claim?
While you’re not required to have an attorney, an experienced FELA injury lawyer will ensure your rights are protected while fighting for the outcome you deserve after a work injury. With legal representation, you can avoid costly and stressful delays and oversights that can potentially impact your results. Hiring an experienced FELA lawyer will greatly improve your chances of securing a favorable outcome.
How long does a FELA case take?
That depends on several factors, including the severity of your injury and the legal issues involved. Some claims are resolved within months, while others take significantly longer to resolve.
What’s the average FELA settlement amount?
There is no average. Case values vary significantly based on the extent to which the accident has impacted the victim physically, emotionally, and financially.