Helena Railroad FELA Lawyer | BNSF & Train Accidents

Helena, MontanaHelena Railroad & FELA

Helena Railroad & FELA Lawyers: BNSF Worker Injuries, Mullan Pass Rail Accidents and Train Crashes in Lewis and Clark County

Boland Aarab PLLP.

Helena railroad workers hurt on the job usually have a claim under the Federal Employers’ Liability Act (FELA), not workers’ compensation. Helena sits on the former Montana Rail Link main line, which BNSF has operated since 2024. A Montana railroad worker can file a FELA case in Lewis and Clark County, and the railroad cannot move it to federal court.

Key Takeaways
A railroad is liable if its negligence played any part, “even the slightest,” in the injury (45 U.S.C. § 51; CSX Transp. v. McBride, 564 U.S. 685 (2011)).
For a Montana resident, a FELA case may be filed “in any county in which the railroad does business” (§ 25-2-122(4), MCA). A FELA case filed in state court cannot be removed (28 U.S.C. § 1445(a)).
You have 3 years to file (45 U.S.C. § 56), and 180 days for a retaliation complaint (49 U.S.C. § 20109(d)).

Hurt working for the railroad in Helena, or on the line over Mullan Pass? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What makes railroad work around Helena dangerous?

Mountain railroading. Helena sits at the east foot of the Continental Divide, on the old Northern Pacific line that runs west over Mullan Pass toward Garrison. Mullan Pass is about 13 miles west of the city. Trains cross the Divide through the 3,426-foot Mullan Tunnel, at about 5,566 feet. The climb is steep enough that Helena became Montana Rail Link’s base for helper locomotives: extra engines added to push heavy trains over the pass. BNSF has run the line since January 1, 2024, when MRL’s lease ended early.

Helper work means coupling and uncoupling on grades, cutting helpers in and out of trains, and working in the Helena yard in the dark and the cold. Those are the conditions behind the injuries we see in railroad cases: falls from equipment, crushing injuries between cars, and slips on ice-covered walkways and ballast.

Helena also knows what happens when things go wrong on that grade. On February 2, 1989, in temperatures around 32 below zero, a crew on Mullan Pass uncoupled 49 cars from their locomotives. The air brakes did not fully hold on the 2.2 percent grade. The cars rolled about nine miles back into Helena and struck a set of helper locomotives near the Benton Avenue crossing next to Carroll College. The explosion damaged the college and nearby buildings and forced evacuations. No one was killed, but the causes (extreme cold, brake performance and crew decisions) are the same issues FELA cases still turn on.

What happens after a railroad injury in Helena?

The report and the claim agent. BNSF’s rules require an injury report. Describe what happened, what caused it and every part of your body that hurts. A claims-department request for a recorded statement is not the injury report. Talk to a lawyer before giving one.

Medical care. Helena injuries are usually treated first at St. Peter’s Health, a DPHHS-designated State Area Trauma Hospital. The railroad may not deny, delay or interfere with treatment, and it may not discipline you for following your own doctor’s plan (49 U.S.C. § 20109(c)).

Choosing the court. The choice belongs to the worker. In state court, a Lewis and Clark County case goes to the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway. Montana’s venue statute allows a resident railroad worker to file FELA claims in any county where the railroad does business, and federal law bars removal. A worker can also choose federal court. For Helena, that is the Helena Division of the U.S. District Court at the Paul G. Hatfield Federal Courthouse, 901 Front Street, which covers Lewis and Clark, Powell and the other Helena Division counties along the line (D. Mont. L.R. 1.2). Choosing the forum is a strategic decision, and it should be made with counsel.

The evidence. Locomotive event recorders, yard video, radio recordings and inspection records can be overwritten on a schedule. A written preservation demand should go out as early as possible.

What about train crashes at Helena crossings?

People hurt at a crossing or in a derailment, who don’t work for the railroad, bring ordinary Montana negligence claims. They generally have 3 years to file (§ 27-2-204, MCA) and can recover if their fault is not greater than the defendants’ combined (§ 27-1-702, MCA). Lead locomotives must carry event recorders (49 C.F.R. § 229.135), and crossing warning systems must be inspected and maintained (49 C.F.R. part 234).

Montana law that applies

FELA is federal law, applied in Montana courts. The key rules, briefly:

Light causation standard. “Any part, even the slightest” (Rogers v. Missouri Pacific R.R., 352 U.S. 500 (1957)).
Safety-statute violations. A violation of the Safety Appliance Act or the Locomotive Inspection Act establishes liability, and the worker’s own fault is not counted (45 U.S.C. § 53). Air brakes are among the required appliances (49 U.S.C. § 20302).
No assumption of risk (§ 54).
Workers’ comp generally doesn’t apply to interstate railroad employment (§ 39-71-401(2), MCA).
Cumulative injuries. For cumulative injury and occupational disease, the Montana Supreme Court’s decision in Anderson v. BNSF, 2015 MT 240 governs when the 3-year clock starts.

Our Montana FELA lawyer page covers claim agents, company doctors, occupational disease and retaliation in depth.

Why hire a Great Falls firm for a Helena case?

FELA cases are tried against a national railroad with national lawyers, so the lawyer’s address matters less than trial readiness. We are based in Great Falls, which is BNSF country too, and we handle railroad cases statewide. Our attorneys travel to Helena, to the yard, to depositions and to trial. We will tell you candidly how Helena venue compares with the other options open to you.

The Boland Aarab Way

We know both courts. In a FELA case, the forum is your choice. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit.
We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
We defend verdicts on appeal. The Montana Supreme Court reinstated our client’s $168,500 jury verdict in Voegel v. Salsbery, 2023 MT 137.
We are part of the trial bar. Both attorneys are AAJ and MTLA members. Caitlin Boland Aarab is an AAJ Governor and on the MTLA Board, and Samir Aarab is a Public Justice member.

We also handle workplace injuries in Helena, burn injuries in Helena and other Helena personal injury cases.

Frequently Asked Questions

Can I file my FELA case in Helena? Usually, yes, if you are a Montana resident. Montana law allows FELA venue in any county where the railroad does business (§ 25-2-122(4), MCA), and a FELA case filed in state court cannot be removed to federal court.

Is BNSF responsible for injuries on the old Montana Rail Link line? BNSF has operated the former MRL line since January 1, 2024. Who the proper defendant is for an earlier injury depends on the date and your employer, so check it early.

What if I was hurt doing helper work on Mullan Pass? Coupling, cutting in helpers and working on a mountain grade are covered by FELA. If defective couplers, hand brakes or air brakes played a part, the Safety Appliance Act can establish liability without proof of negligence.

Do I have to talk to BNSF’s claim agent? You must report the injury under your rules, but a recorded statement for the claims department is a separate thing. Talk to a lawyer first.

I was hit by a train at a Helena crossing. Is that FELA? No. FELA covers railroad employees. Drivers and pedestrians bring Montana negligence claims, generally within 3 years (§ 27-2-204, MCA).

Talk to a Helena Railroad Injury Lawyer

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

Sources: 45 U.S.C. §§ 51, 53, 54, 56 · 28 U.S.C. § 1445 · 49 U.S.C. § 20109 · 49 U.S.C. § 20302 · § 25-2-122, MCA · § 39-71-401, MCA · D. Mont. L.R. 1.2 · Mullan Pass · 1989 Helena train wreck (KTVH) · Carroll College, Train Explosion of 1989

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.