Where Will Your FELA Case Be Filed? Understanding Venue in Railroad Injury Lawsuits
You—not the railroad—decide where to sue. The statute allows a railroad injury lawyer to file in any state or federal court (1) where the carrier resides, (2) where the accident happened, or (3) where the carrier “does business.” 45 U.S.C. § 56 confirms that state and federal jurisdictions are concurrent, which means a defendant railroad cannot remove your claim to a different court without your consent. Need strategic venue guidance now? Call 800-654-7245 or use the secure form to speak with Cahill & Perry, P.C. Attorneys at Law about the FELA claims process and your filing options today.
Your Venue Rights Under 45 U.S.C. § 56
Under the Federal Employers’ Liability Act, venue is not a favor from the railroad—it is your statutory right. Section 56 declares that an injured worker may sue “in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business.”
Adopted in 1910, this language prevents carriers from steering lawsuits into distant, corporate-leaning forums. Two Supreme Court rulings keep the promise alive: Baltimore & Ohio R.R. Co. v. Kepner confirms that you may file wherever the railroad does business, and Miles v. Illinois Central R.R. bars state judges from upsetting that choice.
Below is a breakdown of the three doors Congress opened:
- Railroad Residence – File where the company is incorporated or where its principal office sits.
- Accident Location – Sue in the state or federal court nearest the derailment, defective buffer plate, or unsafe speed order.
- “Doing Business” District – A single mile of track in a state is enough to establish a venue, allowing you to litigate far from the incident when that court offers a fairer jury.
Selecting the right doorway can shorten the FELA claims process, reduce travel costs, and pressure the carrier to resolve your claim on worker-friendly terms under strong federal railroad injury law protections for injured railroad families nationwide.
Why Venue Choice Can Add Millions to Your Settlement
Jury pools are not created equal. In districts with a deep labor tradition, panels routinely place a higher dollar value on disrupted railroad careers than juries drawn from corporate-leaning regions. That difference matters: the $2.67 million verdict awarded to conductor Neil Pace for a back-fusion injury remained in Connecticut after the carrier tried—unsuccessfully—to transfer the case.
Likewise, our firm’s record-setting $10.8 million wrongful-death verdict for a Metro-North flagman began with a strategic decision to file in a venue known for valuing worker safety. Those numbers show how courtroom geography can lift railroad settlements long before a judge’s gavel hits the bench.
Beyond headline verdicts, venue shapes day-to-day litigation economics. Filing near treating physicians allows them to testify live, giving jurors an unfiltered look at post-surgery struggles that fuel larger railroad settlements. Proximity also makes it easier for coworkers to describe unsafe orders, speeding up discovery and shrinking defense leverage. That immediacy frequently pushes FELA case settlements into seven-figure territory before trial.
Venue affects future wages as well. Courts familiar with union contracts also admit evidence of scheduled pay bumps, strengthening claims for lifelong wage loss. Local vocational experts can testify about diminished earning capacity in the regional rail industry, helping a railroad injury attorney prove every lost overtime shift. The result is a damages profile tailored to the community’s cost of living—another reason thoughtful venue selection routinely adds millions to settlement amounts.
How Railroads Try to Move Your Case—and How We Push Back
After you pick a worker-friendly venue, the carrier’s first play is usually a motion under 28 U.S.C. § 1404(a) claiming that another district would be “more convenient.” But courts know Congress gave injured employees unusual freedom, so they will not disturb your choice unless the proposed forum is clearly superior. Through practice, the best FELA attorneys have refined a proven, four-part response.
Each element below works best when deployed early, often before the railroad files its transfer papers:
- Mapping the Corporate Footprint – Timetables, yard leases, and payroll records show the railroad does business in the district you chose, satisfying venue and jurisdiction.
- Locking Witnesses Early – Affidavits from local surgeons, ergonomic specialists, and coworkers demonstrate that your forum actually reduces travel and cost, undercutting the railroad’s convenience claim.
- Citing Controlling Precedent – Baltimore & Ohio R.R. Co. v. Kepner and Miles v. Illinois Central R.R. remain persuasive reminders that the venue belongs to the plaintiff, not the carrier.
- Demonstrating Financial Hardship – Sworn statements detailing lost wages, rehabilitation schedules, and mobility limits illustrate why forcing travel would be unjust.
Used together, these tools make transfer a long shot. When railroads see their motion slipping away, they often return to the table with improved offers, driving FELA settlements higher while keeping the case near home. Leverage accelerates fair compensation.
Put the Right Court on Your Side
Strategic venue selection is the quiet engine driving strong railroad injury law recoveries. From Boston to Manhattan, our firm has proven that the best FELA attorneys do more than argue liability—they fight to keep the case where jurors understand railroad life and assign full value to broken careers.. Secure a forum that favors workers and pursue the compensation you deserve—call 800-654-7245 or contact us today.
