Injured on LIRR or Metro-North? A New York Claims Guide

Who can bring a claim after a commuter rail injury?

Several categories of people may have claims when injuries occur on LIRR or Metro-North trains, stations, platforms, or rights-of-way: passengers; bystanders on platforms or at grade crossings; motorists and pedestrians at railroad crossings; and railroad employees. Responsibility may not match the name on the train—claims can involve the Metropolitan Transportation Authority (MTA), its subsidiary railroads, contractors, or municipalities connected to stations, crossings, or roadway design.

Passenger claims vs. employee claims

Passengers and members of the public typically pursue negligence claims under New York law against the appropriate public authority or other responsible parties.

Railroad employees, by contrast, generally bring claims under the Federal Employers’ Liability Act (FELA), a federal statute that allows railroad workers to recover for injuries caused in whole or in part by a railroad’s negligence (45 U.S.C. § 51). FELA cases can be filed in state or federal court because jurisdiction is concurrent (45 U.S.C. § 56).

Understanding who you must sue

LIRR and Metro-North operate as MTA subsidiary railroads (NY Pub. Auth. Law § 1266; see also MTA’s agency overview at About the MTA). Depending on the facts, claims may need to be asserted against the MTA itself or the specific subsidiary (e.g., The Long Island Rail Road Company or Metro-North Commuter Railroad Company). In incidents involving stations, platforms, or adjacent roadways, additional defendants may include the City or State of New York, counties, towns, or private contractors responsible for maintenance, snow and ice removal, lighting, escalators/elevators, or construction. Correctly identifying the legal entity is critical because service and notice procedures differ among public authorities.

Notice of Claim requirements for public authorities

Claims against New York public entities often require a written Notice of Claim served on the correct entity before a lawsuit. For the MTA and its subsidiaries, the Public Authorities Law requires compliance with the General Municipal Law’s notice provisions (NY Pub. Auth. Law § 1276, incorporating GML § 50-e). Courts have limited discretion to permit late notices in some circumstances (see GML § 50-e(5)). Missing a notice or serving the wrong entity can bar a claim, so prompt review is important.

Common causes and evidence

Frequent scenarios include slip-and-falls on platforms or stairs, boarding and alighting incidents involving closing doors or platform gaps, sudden train movements, grade-crossing crashes, and hazards from defective maintenance or inadequate lighting.

Helpful evidence can include: incident reports; photos or video (including on-train or station CCTV, if preserved); train numbers and times; witness names; medical records; and, where relevant, weather data and maintenance logs. For employee cases, preserve details about work assignments, equipment conditions, and any prior complaints.

Investigations and accident reports

Serious events may be investigated by the railroad, the MTA Police Department, state agencies, or federal authorities such as the Federal Railroad Administration (FRA) and, in major incidents, the National Transportation Safety Board (NTSB). Some materials can be obtained in litigation; others may be available through New York’s Freedom of Information Law (FOIL), subject to exemptions (Public Officers Law, Art. 6).

Time limits vary—act promptly

Strict deadlines apply to both notices and lawsuits. For claims against the MTA and its subsidiaries, special time limits and pre-suit requirements apply (NY Pub. Auth. Law § 1276; GML § 50-e). For railroad employees, FELA generally has a three-year statute of limitations (45 U.S.C. § 56). Because these rules are fact-dependent and short, contact counsel quickly to preserve your rights.

Damages and what you may recover

Potential damages include medical expenses, lost wages, loss of earning capacity, and pain and suffering. In FELA cases, damages reflect the railroad’s share of fault and may include future wage loss and medical needs. In New York negligence cases, any award may be reduced by the injured person’s comparative fault (CPLR § 1411). Punitive damages are rarely available and may be restricted against public entities.

How a lawyer can help

An attorney can identify proper defendants; comply with notice and service rules; seek preservation of surveillance and maintenance records; coordinate expert analysis; pursue claims in the right forum; and negotiate with insurers and public entities. Early involvement improves the chances of meeting deadlines and securing key evidence. Questions? Contact our New York injury team.

FAQ

Do I need to file a Notice of Claim for an MTA-related injury?

Often yes. Many claims against the MTA or its subsidiaries require a timely Notice of Claim with specific content and service rules. Missing this step can bar the claim.

What is the deadline for a FELA claim?

Generally three years from the date of injury or discovery of a work-related condition, but do not wait. Evidence can be lost quickly.

Who is the correct defendant: MTA, LIRR, or Metro-North?

It depends on where and how the incident occurred. Correctly naming and serving the proper public authority or subsidiary is critical.

Can I bring a claim if I was partially at fault?

Yes. New York follows comparative negligence, which may reduce but does not necessarily bar recovery.