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Train & Subway Accident Claims in New York
Public transit is a way of life in New York City, and the legal framework for a train or subway accident depends heavily on the specific scenario. A grade-crossing collision, a passenger injury during a derailment, and a railroad worker's on-the-job injury are each governed by different legal standards.
Railroads are "common carriers" of the traveling public, which means they owe passengers a high degree of care. Claims against public transit authorities like the MTA or NYCT generally require a formal Notice of Claim, similar to other claims against government entities — see our Municipal Liability page for how that process works. Railroad workers injured on the job are covered by the Federal Employers' Liability Act (FELA) rather than ordinary workers' compensation, which changes both the standard of proof and the potential recovery.
- Grade-crossing collisions
- Passenger injuries and derailments
- Platform and station accidents
- Railroad worker injuries under FELA
Frequently Asked Questions
What is FELA?
The Federal Employers' Liability Act — the law that governs on-the-job injury claims for most railroad workers, instead of ordinary state workers' compensation.
Are claims against the MTA different from a typical lawsuit?
Yes — claims against public transit authorities generally require a formal Notice of Claim within a short window, similar to other claims against government entities.
How long do I have to file a FELA claim?
Generally three years, though the details depend on the circumstances — consult an attorney promptly.
Injured on a Train or Subway?
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