Filing a FELA Claim for a Railroad Injury: A Step-by-Step Guide

Railroad work is hazardous, and injuries are common. FELA covers a wide range of injuries, from acute trauma caused by collisions and derailments to chronic conditions developed over time. These can include:

• Back injuries from lifting heavy objects
• Broken bones, strains, or brain injuries from falls
• Repetitive motion injuries
• Hearing loss from constant exposure to loud noises
• Electrical burns from high-voltage equipment
• Occupational diseases from exposure to asbestos or other toxins

The FELA claims process involves seeking medical care, reporting the injury, gathering evidence of negligence, and working with an attorney to negotiate a settlement or take the case to trial. Even if you were partially at fault, you may still recover damages under FELA’s “comparative negligence” rule.

FELA claims are complex and are much easier to navigate with an experienced attorney on your side. If you’ve been injured in a railroad accident, find a qualified FELA lawyer near you to protect your rights.

What Is FELA and Does It Differ from Workers’ Comp?

The Federal Employers’ Liability Act (FELA) is a federal law passed in 1908 specifically to protect railroad workers who suffer on-the-job injuries. It allows railroad employees to seek full compensation for injuries caused, in whole or in part, by their employer’s negligence.

FELA is not the same as workers’ compensation. Let’s take a closer look at the differences:

• Workers’ compensation is a state-level, “no-fault” system. You receive benefits for medical expenses and partial lost wages regardless of who was at fault, but cannot sue your employer.
• FELA is a federal, “fault-based” system. You must prove that your employer’s negligence played a role in your injury. In return, you can recover a much broader range of damages, including past and future medical bills, 100% of lost wages, and pain and suffering.

Dealing with any workplace injury can be tricky. Consider speaking with legal counsel before making any filings.

The FELA Claim Process

If you’re a railroad employee injured at work, it’s important to know what to do in the aftermath. Follow these steps to protect your health and your legal rights.

Step 1: Seek Immediate Medical Attention

Your health comes first. Get medical help immediately after any railroad work injury. This is crucial not only for your well-being but also for any FELA lawsuit you may file.

Medical records create an official history of your injury, the required treatments, and the associated costs. Keep a record of every medical treatment you receive and communicate openly with your doctors.

Step 2: Report the Injury to Your Employer

Report the injury to your supervisor as soon as possible. Your employer will likely have you complete an injury report form. Be as detailed as you can. Don’t downplay or exaggerate your injuries. Include the date, time, location, a description of what happened, and the names of any witnesses. Keep a copy of this report for your own records.

Step 3: Document Everything

Gather and save all evidence related to your injury and the incident. This includes medical records, accident reports, witness statements, and any photos or videos of the scene, equipment, or your injuries. Keep a detailed log of how much time you’ve missed from work and any lost wages.

Step 4: Hire an Attorney To Prepare and File Your Claim

FELA claims are complex and very different from standard personal injury cases. It is critical to consult with a lawyer who specializes in FELA, as opposed to a personal injury attorney. An experienced FELA attorney can guide you through the process, ensure all deadlines are met (FELA has a three-year statute of limitations), and protect you from railroad claims agents whose goal is to minimize your payout. It’s a good idea to meet with an attorney before any internal railroad hearing about the incident, as those proceedings can seriously affect your case.

What Happens After Filing Your Claim?

Once your claim begins, the legal process unfolds. An experienced FELA attorney brings crucial knowledge to each stage, leveling the playing field against the railroad’s legal team. Expect the following events to happen:

• Investigation: The railroad will immediately launch its own investigation to limit its liability. An attorney counters this by conducting an independent investigation to prove the railroad’s negligence. This includes gathering evidence such as event recorder data (“black box”), maintenance logs, and safety records.
• Settlement negotiations: An attorney will handle all communications with aggressive claims agents and build a strong case based on evidence to negotiate a fair settlement, protecting you from lowball offers. Many FELA cases are resolved at this stage or through mediation, a form of Alternate Dispute Resolution (ADR).
• Filing a lawsuit: If a fair settlement can’t be reached, it’s time to file suit. A lawyer can handle the complex procedural requirements of filing a formal complaint in state or federal court.
• The discovery process: This is a formal evidence-exchange phase. Your attorney will use legal tools like written questions (interrogatories) and formal interviews (depositions) to uncover facts and documents the railroad might otherwise not share.
• Trial: If the case still doesn’t reach a settlement, it will proceed to trial. This is where having a skilled trial lawyer is essential to present your case persuasively to a judge or jury.

The railroad will be represented by counsel. If you try to go it alone, you’re putting yourself at a distinct disadvantage.

Key Legal Concepts in Your FELA Claim

The FELA process is governed by a distinct set of federal laws and legal principles that differ significantly from those governing standard injury claims. Understanding these key concepts is crucial for appreciating the strengths and challenges of your case and highlights why having a lawyer experienced in this specific field is so important.

Proving Employer Negligence

To win a FELA case, you must show that the railroad was negligent. Under FELA, employers have a duty to provide a reasonably safe work environment. Negligence can include the failure to:

• Properly maintain equipment, tools, and safety devices
• Inspect the workplace to ensure it is free of hazards
• Provide adequate training and supervision
• Enforce safety rules and regulations

A violation of a federal safety law, such as OSHA rules or the Federal Railroad Safety Act (FRSA), can be used as powerful evidence of negligence.

The “Featherweight” Burden of Proof

Proving fault in a FELA claim is easier than in most other lawsuits. You only need to show that the railroad’s negligence, no matter how slight, played some part in causing your injury. This is known as a “featherweight” burden of proof.

Comparative Negligence

Railroads often argue that the injured worker was also partially at fault. Under FELA’s comparative negligence rule, this does not bar your claim. Instead, a jury will assign a percentage of fault to each party.

For example, if you are awarded $100,000 in damages but are found to be 25% at fault, your award would be reduced by 25%. As a result, you would receive $75,000.

Damages You Can Recover

A significant advantage of a FELA claim over a standard workers’ compensation claim is the range of damages you can recover.

While workers’ comp generally limits you to medical bills and partial wage loss, a successful FELA claim allows you to recover more comprehensive compensation for all your losses, including:

• Past and future lost wages and loss of earning capacity
• Past and future medical treatment and expenses
• Past and future pain, suffering, and mental distress, which are not available under workers’ compensation

FELA allows for more compensation, but usually takes longer than a workers’ comp claim.

Find an Experienced FELA Attorney

FELA claims are a highly specialized area of law. The railroad will be represented by skilled attorneys, and you should be too. An attorney experienced with FELA will investigate your claim, prove the railroad’s negligence, and fight to secure the full compensation you deserve for your injuries.

FindLaw’s directory of experienced FELA attorneys can help you find a qualified legal professional in your area. Select your state or city to review contact and ratings information for local law offices, many of which offer free consultations.