Kalispell, MontanaKalispell Railroad & FELA
Kalispell Railroad & FELA Lawyers: BNSF Injuries in Whitefish, on the Hi-Line and Over Marias Pass
Boland Aarab PLLP.
Railroad workers hurt in the Flathead Valley don’t get workers’ compensation. They bring a claim under the Federal Employers’ Liability Act (FELA), which makes the railroad liable if its negligence played any part in the injury. You have three years to file. A FELA case filed in Flathead County District Court cannot be removed to federal court by the railroad.
Hurt working for BNSF or another railroad in Whitefish, Columbia Falls or Kalispell? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where does railroad work happen in the Flathead Valley?
The valley is railroad country, and it has been since the Great Northern built through Marias Pass.
- Whitefish. Whitefish is the working heart of the railroad in northwest Montana. It has a rail yard, an engine facility and a crew-change point on BNSF’s main line, and BNSF leases office space on the upper floors of the 1927 Great Northern depot. Train and engine crews, carmen, machinists and maintenance-of-way workers report there.
- The Hi-Line over Marias Pass. East of Whitefish, the main line climbs along the Middle Fork of the Flathead and crosses the Continental Divide at Marias Pass, at 5,213 feet one of the lowest rail crossings of the Divide. The route has mountain grades, tunnels, avalanche and rockfall country, and deep winter snow. Track, signal and bridge crews work it year-round.
- West toward Libby. The main line continues west from Whitefish into Lincoln County and the Kootenai country.
- The Kalispell Branch. BNSF took back the roughly 13-mile branch from Columbia Falls to Kalispell on April 1, 2020, after years of short-line operation. It now serves the Glacier Rail Park on the edge of Kalispell, where rail customers moved when the downtown tracks came out for the Parkline Trail.
- Amtrak. The Empire Builder stops at Whitefish. Amtrak employees are also covered by FELA.
The injuries we see in railroad work are rarely a single dramatic event. Many are cumulative: knees and backs worn down by walking ballast, shoulders damaged by hand brakes and knuckles, hearing loss, and exposures in shops and engines. Winter in the mountains makes every task harder, and a railroad that sends crews out without enough people, time or equipment for the conditions can be negligent under FELA.
What happens after a railroad injury in Whitefish or Kalispell?
Report it, carefully. The railroad will require an injury report, often on its own form and on its timeline. Be accurate and complete, and don’t guess about causes you don’t know. Federal law protects you from retaliation for reporting an injury or a safety hazard; a retaliation complaint must be filed with OSHA within 180 days (49 U.S.C. § 20109(d)).
Get your own medical care. Logan Health – Whitefish and Logan Health Medical Center in Kalispell are the nearest hospitals for most valley rail work. Logan Health’s air-ambulance program, long known as A.L.E.R.T., serves remote stretches. You have the right to choose your own treating doctor, so don’t rely only on a company-directed clinic.
Choose the court. You can file a FELA case in state or federal court. In state court, a Flathead County case goes to the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street, Kalispell, with a jury drawn from Flathead County. Once filed there, the railroad cannot remove it to federal court (28 U.S.C. § 1445(a)). A federal case would be heard in the Missoula Division of the U.S. District Court. Injuries on the east side of Marias Pass fall in Glacier County, which is in the Ninth Judicial District and the federal Great Falls Division. Choosing the forum is a strategic decision, and it should be made early.
Montana law that applies (and federal law)
FELA is federal law. See our Montana FELA and railroad injury lawyer page for the full discussion.
Why hire a Great Falls firm for a Kalispell case?
We are based in Great Falls, a railroad town on the same BNSF system, and we handle FELA cases statewide. Our attorneys travel to Whitefish, Kalispell and Missoula for depositions, site inspections, hearings and trial. What matters most in a FELA case is knowing how railroads defend these claims and preparing to try the case in the forum that fits your case.
The Boland Aarab Way
- We prepare for trial. Our attorneys have spent more than 4,000 hours in the courtroom.
- We work in state and federal court. More than 40 cases in the U.S. District Court for the District of Montana over nine years, and two Ninth Circuit arguments by Samir Aarab.
- We protect verdicts on appeal. The Boland Aarab appellate record reaches back to 1977. See our appellate record.
- We are part of the trial bar. Both attorneys belong to AAJ and MTLA, and Caitlin Boland Aarab serves on the MTLA Board.
We also handle workplace injury cases in Kalispell and catastrophic injury cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
I was hurt at the Whitefish yard. Where can I file? In state court in Flathead County, which is the Eleventh Judicial District in Kalispell, or in federal court in Missoula. If you file in state court, BNSF cannot move the case to federal court.
Does FELA cover an injury on the Kalispell Branch or at Glacier Rail Park? If you work for the railroad and were hurt in the course of that work, FELA generally applies wherever it happened, including branch lines and industry tracks. Workers for shippers at the rail park are usually covered by workers’ comp instead.
My knees and back wore out over years on the Hi-Line. Is that a FELA claim? It can be. Cumulative-trauma claims are recognized under FELA. The 3-year clock is tied to when you knew the injury was work-related, so don’t wait.
Is avalanche or snow country an excuse for the railroad? No. Mountain conditions are part of the job the railroad plans for. Staffing, equipment and work plans that don’t account for them can be negligent.
Will the railroad retaliate if I report an injury? Retaliation for reporting an injury or a hazard is illegal under federal law. A complaint must be filed with OSHA within 180 days.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
