Content reviewed by:
Alex Shulman
Railroad workers usually bring claims under a federal law called FELA, while injured passengers file negligence claims against the train operator, often starting with a 90-day notice of claim for MTA trains. The rules depend on who you are and which railroad was involved. Missing the right deadline can end a claim before it starts.
At Shulman & Hill Injury Lawyers, we help riders and rail workers understand how train accident claims are handled in New York, from the subway to Amtrak. Below, we walk through each type of claim and the filing rules that come with it. Our New York train accident lawyer page explains how we handle these cases.
How Train Accident Claims Are Handled in New York for Railroad Workers
Railroad workers hurt on the job usually don’t use workers’ comp. Instead, they file under the Federal Employers’ Liability Act, known as FELA. It covers workers at railroads that run between states, such as the Long Island Rail Road, Metro-North, and Amtrak.
FELA differs from workers’ comp in several ways:
- You must show the railroad was at least partly at fault
- You may recover pain and suffering, which workers’ comp doesn’t pay
- Your award can be reduced by your own share of fault, but not wiped out
- You generally have three years from the injury to file
Subway and bus workers are a different story. Courts have generally treated New York City Transit as outside FELA, so those workers file for workers’ comp instead. Shulman & Hill handles both kinds of claims, including transit workers hurt on the tracks, in tunnels, or in train yards.
Negligence Claims for Injured Passengers
Train operators are common carriers, so they owe riders a high level of care. If a train operator’s carelessness caused your injury, you may be able to bring a negligence claim. Because trains aren’t motor vehicles, the no-fault rules for car crashes generally don’t apply.
Passenger claims often grow out of problems such as:
- Wide or uneven gaps between the train and the platform
- Sudden stops or jerks that throw riders off balance
- Doors that close on a rider or open at the wrong time
- Wet, broken, or poorly lit stairs and platforms
- Derailments and collisions
To win, you’ll need to show that the operator knew or should have known about the danger and failed to fix it. Shulman & Hill works to gather maintenance records, incident reports, and station video that can help prove what went wrong.
The 90-Day Notice of Claim for MTA Trains
The MTA runs the subway through New York City Transit, along with the Long Island Rail Road and Metro-North. Before you can sue any of them, you generally must file a notice of claim within 90 days of the injury. The notice describes when, where, and how you were hurt.
After you file, the MTA may ask you to answer questions under oath at a hearing. If the claim doesn’t settle, the lawsuit itself usually must be filed within one year and 90 days of the injury. A court may sometimes allow a late notice, but that’s never certain.
PATH trains follow their own rules because the Port Authority runs them. Claims against the Port Authority have separate notice and filing deadlines. Shulman & Hill checks which agency ran the train before any deadline passes.
What Makes Amtrak Claims Different
Amtrak is not a federal agency, even though the federal government owns it. Federal law says Amtrak is not a department or agency of the government. That means the federal claim process used for suits against the government doesn’t apply.
Instead, Amtrak’s ticket terms have included an arbitration agreement since 2019. That agreement may require injury claims to go to private arbitration instead of a jury trial. Its reach can depend on the facts, including whether you bought the ticket yourself.
Federal law also limits the total damages Amtrak can pay passengers for a single accident. That cap rarely matters in smaller cases, but it can affect large derailments. Shulman & Hill reviews ticket terms and federal rules early so you know which path your claim may take.
Steps to Take After a Train Accident
Report the injury to a conductor, station agent, or police before you leave. Ask for the name of the person who takes your report. If you can, take photos of the spot where you got hurt, such as the platform edge, the stairs, or the train door.
Get medical care the same day, even if the pain seems minor. Some injuries, like head and back injuries, can get worse over the next few days. Your medical records also link the injury to the accident.
Write down the train line, car number, time, and station. Get the names and phone numbers of anyone who saw what happened. Keep your MetroCard, OMNY record, or ticket, since it can help prove you were on the train.
Building a Strong Train Accident Case
Train cases often depend on records the rail operator controls. Video can be overwritten, and maintenance logs can be hard to get without a formal request. Acting early improves your chances of saving that evidence.
Shulman & Hill runs its own investigations in-house. Our team works to collect station footage, train data, maintenance records, and witness statements. Understanding how train accident claims are handled in New York matters, but the evidence is what moves a case forward.
Since 2013, Shulman & Hill has recovered more than $1 billion for clients, though every case is different and past results do not predict future outcomes. Our attorneys bring more than 200 years of combined experience to cases involving riders and transit workers.
Protect Your Train Accident Claim
How train accident claims are handled in New York depends on whether you were working or riding, and which railroad was involved. The deadlines can be short, especially the 90-day notice for MTA trains.
Shulman & Hill works on a contingency fee, so you pay nothing unless we recover money for you. Reach out today for a free case review and find out which rules apply to your claim.