The motion for judgment or other pleading in any such action may embrace a cause of action growing out of any statute of the United States or this Commonwealth for such injury or death, without being demurrable on this account, and without the plaintiff being required to elect under which statute he claims. Sections 8.01-57 through 8.01-61 shall not apply to electric railways operated wholly within this Commonwealth.
§ 8.01-62.Action may embrace liability under both State and federal acts.
Chapter 3. Actions · Article 6. Injuries to Railroad Employees · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-62 lets a plaintiff’s pleading in a railroad employee injury or death action combine a claim under federal law with a claim under Virginia law without being demurrable and without forcing an election between them, and it excludes electric railways operated wholly within Virginia from §§ 8.01-57 through 8.01-61.
Full Text of § 8.01-62
Plain-English Summary
Section 8.01-62 addresses a pleading problem that could otherwise arise when a railroad employee’s injury or death might be actionable under both federal and Virginia law. The motion for judgment or other pleading in such an action may embrace a cause of action arising under a federal statute alongside one arising under Virginia law, covering the same injury or death, without the pleading being subject to demurrer on that account — and without forcing the plaintiff to choose, or elect, which statute the claim proceeds under.
The section closes with a scope limit: §§ 8.01-57 through 8.01-61 — the liability, comparative-fault, assumption-of-risk, anti-exemption, and definitional provisions for railroad employees — do not apply to electric railways operated wholly within Virginia.
Frequently Asked Questions
Can a plaintiff plead both a federal and a Virginia claim in a railroad injury case?
Yes. Section 8.01-62 lets the pleading embrace a cause of action under a federal statute together with one under Virginia law for the same injury or death, without being subject to demurrer for combining them.
Does the plaintiff have to pick one statute to sue under?
No. The statute specifically says the plaintiff is not required to elect under which statute — federal or state — the claim is brought.
Do these railroad employee protections apply to electric railways within Virginia?
No. The statute excludes electric railways operated wholly within the Commonwealth from §§ 8.01-57 through 8.01-61.
Why would a plaintiff want to plead both a federal and state cause of action?
Employees who work in both interstate and intrastate commerce, or whose claims could arguably fall under either federal or state law, benefit from being able to plead both theories in one pleading rather than risk dismissal for guessing wrong.
Which sections does the electric railway exclusion affect?
It removes electric railways operated entirely within Virginia from the liability, comparative-fault, assumption-of-risk, anti-exemption, and common-carrier-definition provisions found in §§ 8.01-57 through 8.01-61.
Amendment History
Code 1950, § 8-646; 1954, c. 614; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: federal and state railroad claim virginia8.01-62 virginia codeelectric railway exclusion virginiarailroad employee pleading election virginiacombining FELA and state law claim