Missoula, MontanaMissoula Railroad and FELA
Missoula Railroad and FELA Lawyers: BNSF Injuries, Former Montana Rail Link Workers and Rail Accidents in Missoula County
Boland Aarab PLLP.
If you were hurt working for the railroad in or around Missoula, your claim is not a workers’ compensation claim. It falls under the Federal Employers’ Liability Act (FELA), which lets you sue the railroad if its negligence played any part in your injury. You have 3 years to file, and a FELA case filed in Missoula County state court cannot be moved to federal court by the railroad.
Key Takeaways
Injured on the job at the railroad in western Montana? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What changed for Missoula railroaders in 2024?
For almost 37 years, the railroad through Missoula was Montana Rail Link, a regional railroad headquartered in Missoula that leased BNSF’s southern Montana line. On January 1, 2024, BNSF took back direct control. Montana Rail Link became part of BNSF, and its employees were offered jobs with BNSF.
That transition matters for injury claims in three ways:
- The employer is now BNSF. For injuries on or after January 1, 2024, the claim is against BNSF Railway, a Class I railroad with its own claims department, safety rules and lawyers.
- Older injuries may involve Montana Rail Link records. Occupational injuries, such as hearing loss, repetitive-trauma injuries to backs, knees and shoulders, and exposure illnesses, often develop over years. For those claims, the work history before and after 2024 both matter, and the records must be gathered from both periods.
- Rules and equipment changed. New operating rules, crew assignments and equipment can create new hazards during a transition. If a change in practice contributed to an injury, it is part of the evidence.
Where are the hazards on the rail line around Missoula?
The Missoula yard, the main line along the Clark Fork, and the mountain grades east and west of town make for demanding railroading:
- Yard work in Missoula, where switching, coupling, walking on ballast and getting on and off equipment cause many of the injuries we see in FELA cases.
- Mountain grades. Mullan Pass, east of Missoula toward Helena, is one of the steepest and most weather-exposed crossings on the line. Heavy trains on steep grades put strain on equipment and crews, especially in winter.
- Winter conditions. Ice on walkways, ladders and car steps, snow over switches, and long hours in the cold are frequent causes of slip-and-fall injuries. The railroad has a duty to provide reasonably safe places to work, including in winter.
- Crossings. The line crosses Missoula streets and county roads. Crossing collisions injure both railroad workers and the public. Members of the public hurt at a crossing do not bring FELA claims; their claims are ordinary negligence claims against the railroad and others.
Injured rail workers in the Missoula area are often taken to Providence St. Patrick Hospital, the region’s ACS Level 2 / State Regional Trauma Hospital, or to Community Medical Center (DPHHS).
What happens after a railroad injury in Missoula?
- Report the injury. The railroad will ask you to fill out an injury report. Be accurate and complete, and do not guess at causes. You may ask for a copy.
- Get your own medical care. You may choose your own doctor. You are not required to see a railroad-selected physician for treatment.
- Be careful with claim agents. A railroad claim agent works for the railroad. You do not have to give a recorded statement before you have talked to a lawyer.
- Watch for retaliation. Retaliating against a worker for reporting an injury or a safety hazard is illegal, and a complaint must be filed with OSHA within 180 days (49 U.S.C. § 20109).
- Choose the court carefully. A Missoula-area rail worker who is a Montana resident may file in any county in which the railroad does business. Filed in Missoula County, the case goes to the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway, and it stays there because FELA cases filed in state court cannot be removed. A worker can instead choose federal court, which for Missoula is the Missoula Division at the Russell Smith Federal Courthouse, 201 East Broadway (U.S. District Court, Missoula). The choice is strategic, and we discuss it with every client.
Montana law that applies
FELA is federal law, but Montana’s venue statute and courts shape how a Missoula case moves. Montana’s venue rule for FELA claims by residents is set out in § 25-2-122(4), MCA. Under FELA itself, a worker’s own negligence reduces damages but does not bar recovery, and there is no cap on pain and suffering. For more on FELA damages, occupational claims and the Federal Railroad Safety Act, see our Montana railroad and FELA lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle FELA cases statewide. Great Falls is itself a BNSF town, and the railroad’s rules and claims practices are the same in both cities. Our attorneys travel to Missoula for depositions, site inspections, hearings and trial, and we will meet you wherever is practical, including by phone or video between shifts.
The Boland Aarab Way
- 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 know federal court. 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 protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict we won in Voegel v. Salsbery, 2023 MT 137. The Boland Aarab appellate record reaches back to 1977.
- We are part of the trial bar. Both attorneys belong to AAJ and the Montana Trial Lawyers Association, and Samir Aarab is also a member of Public Justice.
We also handle Missoula workplace injury and Missoula catastrophic injury cases, and other Missoula personal injury claims.
Frequently Asked Questions
I worked for Montana Rail Link before 2024. Who do I bring a claim against now? It depends on when and how you were hurt. For injuries on or after January 1, 2024, the employer is BNSF. For injuries that developed over time, records from both periods matter, and we sort out the right defendant early.
Can I file my FELA case in Missoula County? Usually, yes, if you are a Montana resident and the railroad does business in the county. The case would be heard in the Fourth Judicial District Court in Missoula.
Can BNSF move my Missoula County FELA case to federal court? No. A FELA case filed in state court cannot be removed by the railroad (28 U.S.C. § 1445(a)).
Is a railroad injury covered by Montana workers’ compensation? No. Railroad workers engaged in interstate commerce are covered by FELA, which requires proof that railroad negligence played some part in the injury but allows full damages.
What if I slipped on ice in the Missoula yard? The railroad must provide a reasonably safe place to work, including clearing or treating ice where it can reasonably be expected. Report the fall, get medical care and photograph the conditions if you can.
Talk to a Missoula FELA Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
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.
