The 5 Steps of a Railroad Injury FELA Claim

The Federal Employers’ Liability Act (FELA) is a federal law designed to protect railroad workers who suffer work-related injuries. It allows railroad employees to seek compensation for injuries caused by the employer’s negligence. This recovery system can be more beneficial than typical workers’ compensation claims because it may result in higher compensation to cover medical expenses.

If you’re a railroad employee with a work-related injury and you file a claim under FELA, you may be unsure of what to expect. The claims process is complicated and can have unpleasant surprises and frustrating delays. Remember that there are at least two parties to every action. This means the schedule and events that take place can be outside of your control.

This article outlines the steps of the FELA claim process. You will also learn the terms and phrases you will encounter throughout this process. This will help you better understand how your case may proceed.

While a FELA claim can be complicated and overwhelming, you’re not alone. FELA attorneys can support and advocate for you every step of the way. Contact an experienced attorney near you for help protecting your rights at all stages of your FELA claim.

Step 1: Seek Immediate Medical Attention

If you suffer a railroad work injury, get medical help immediately. This is crucial not just for your health but also for your injury claim. Medical records are important evidence of the injury, the treatments required, and the associated medical bills. Keep a record of every medical treatment you get.

Once you’ve received any necessary initial medical treatment, you should seek an independent medical evaluation and any additional treatment from your own doctor. Communicate openly and truthfully with your physician about any discomfort or challenges you’re facing due to the incident. Secure copies of all documents, like medical records, invoices, and any other paperwork associated with your medical treatment.

Step 2: Report the Injury

Next, report the injury to your employer as soon as you can. You should report the injury to your supervisor. This is a critical step in the FELA claims and workers’ compensation claims processes. Your employer may have you complete an injury report form. Be detailed and thorough in your report. Include the following information in your report:

• Personal information: Include your full name, contact information, and your position in the company.
• Detailed description of the incident: Describe in detail what happened. Include the date, time, and exact location of the incident.
• Type of injury: State the specific type of injury sustained, whether it’s a physical injury (like a broken bone or a head injury), an illness due to exposure to hazardous materials such as asbestos, or a mental trauma.
• Work situation: Describe what you were doing at the time of the incident. Were you carrying out your normal duties? Were you performing a work task you were assigned? Were you responding to an emergency?
• Involved parties and witnesses: If there were other people involved or who witnessed the incident, include their names, positions, and their role in the incident.

Include any other information you believe is relevant. Outline the cause and circumstances of your railroad worker injury. Include all possible causes, factors, and conditions that may have contributed to the incident. This document will likely come into play later in your claim process.

Describe the incident and your injuries in great detail. For example, explain the nature and extent of your work injury. Describe the impact of the injuries on your work and personal life.

In addition to the report made to your employer, make and keep a report for your own records. This report will be useful for your attorney if you choose to hire one.

Step 3: Document Everything About the Injury

Gather and save all possible evidence related to your injury. This includes:

• Medical records
• Accident reports
• Witness statements
• Any photographs or videos of the accident

For example, if you were in a car accident, you might get footage of the accident from a security camera. Remember, in FELA cases, proving employer negligence is necessary. This evidence will serve as proof of your employer’s negligence.

Also, track all time missed from work and any lost wages as a result of your injuries. This should include:

• All work missed on the day of the incident
• The time during which you were unable to work because of the injury and any rehabilitation processes
• Any work time missed due to follow-up medical appointments

Step 4: Contact a FELA Lawyer

Seeking legal representation from a FELA lawyer or law office specializing in FELA cases is important. FELA lawyers can help you navigate the often complex process of filing your claim. An experienced lawyer will support you and advocate for you in several ways, including:

• Guiding you through the court process
• Ensuring you meet all deadlines for filing and paperwork, including the statute of limitations
• Negotiating and communicating with your employer’s insurance company
• Fighting for the maximum compensation possible

It’s especially critical to meet with an injury attorney before the railroad company holds a hearing regarding safety and liability issues arising from the incident, as these proceedings can seriously affect your case.

As necessary, contact your union representative and inform them of the incident and your injuries.

Step 5: File Your FELA Claim

Your FELA lawyer will help you file your FELA claim. This is different from a typical workers’ comp or personal injury claim.

A FELA claim is filed directly against the railroad industry employer. The claims do not go through workers’ compensation insurance. After filing your claim, you should prepare for a case evaluation.

Filing a FELA claim can be a long process. Staying patient and resilient is important. With the right legal advice and the support of your attorney, you can navigate the FELA claims process and get the compensation you deserve.

If negotiations don’t lead to a fair settlement, you might consider going to trial. Verdicts in FELA cases can be significant, especially in cases involving serious injuries or wrongful death. Be prepared for this possibility.

What Happens During Investigation and Settlement Negotiations?

Once a FELA claim begins, an investigation led by injury lawyers usually occurs. They often work to establish the railroad employer’s negligence. The burden of proof is essential in FELA cases. This is because the law operates under a comparative negligence doctrine.

The following might occur during the investigation:

• Your employer and the railroad company will require you to fill out an accident report.
• The railroad will then conduct an investigation into the incident.
• Your attorney will conduct their own investigation into what happened.
• All parties involved will discuss the settlement of your FELA claim.

If a settlement cannot be reached, the FELA lawyers will move forward. They will do this by filing a complaint in federal court. Keep reading to learn more about what to expect if your FELA claim goes this direction.

If Negotiations Are Unsuccessful, Your Lawyer Will File a Complaint

The FELA lawyers will file a complaint in federal court. This legal document outlines the allegations against the railroad industry employer. It serves as the official start of the lawsuit.

You can expect the following regarding filing the complaint:

Filing a Civil Action

If your claim is not settled early on, your lawyer may file a civil action on your behalf. This begins with a complaint, usually accompanied by a summons. A complaint is a legal document that lays out the claims the plaintiff, who is the person or business bringing the lawsuit, has against the defendant, who is the person or company being sued. Typically, a lawyer will prepare this document.

Your Railroad Employer Must Answer

Once the complaint is filed and served, the defendant (your employer) must answer within a specific time. This is usually within about three weeks. The answer says:

• What portions of the complaint, if any, the defendant admits to
• What the defendant contests
• What defenses the defendant may have
• Whether the defendant has claims against the plaintiff or any other party

The Discovery Phase

The parties exchange documents and other information about the issues relevant to the litigation through discovery. The discovery process can take three forms:

• Written questions (interrogatories)
• Document production
• Depositions

Depositions are formally transcribed and sworn statements taken in front of a court reporter or other court officer.

Pre-Trial Maneuvers

Before the trial begins both sides participate in discovery, which involves sharing evidence and conducting depositions. Both parties may also file motions, such as requests to dismiss the case or to rule on specific issues before trial.

Sometimes, the parties can voluntarily resolve all their issues through Alternate Dispute Resolution (ADR), such as mediation or a negotiated settlement. Often in FELA claims in which a lawsuit has been filed, the judge will order that the parties go to mediation and hold mandatory settlement conferences in an effort to resolve the claim before trial. 

In many cases, one or both of the parties will try to get rid of the case, or a portion of it, by motion. Basically, the parties present to the court those issues that are not in dispute, either because the parties agree as to the facts or because the application of the law to the facts dictates a result.

Proceeding to Trial

If the case proceeds to trial, both sides will present their arguments, witnesses, and evidence to a judge or jury. The burden of proof remains on the injured railroad employee to demonstrate the employer’s negligence and how it contributed to the work-related injury. After both sides have presented, the judge or jury will decide.

At trial, the attorneys present evidence and arguments for each side, and the judge or jury decides the unresolved issues. Once the judge or jury has reached a decision, the judge will order that judgment be entered for the party who wins.

Either party can appeal a judge’s decision to a higher court. But it’s unusual for an appeals court to overturn a judge’s decision. Also, remember that settlements usually cannot be appealed if both parties agreed to their terms.

It is difficult to say how long all these steps will take in your case. The entire process can take anywhere from a few months to a few years. Generally speaking, the less money at stake and the more issues that can be resolved before trial, the smoother and faster your FELA claim will go.

Find an Attorney To Help With Your FELA Claim

FELA claims can be complicated, and navigating this legal process can be overwhelming for injured railroad workers. Consulting a workers’ compensation attorney with knowledge of FELA can provide valuable insights and guidance. This is particularly crucial when a loved one has suffered a wrongful death or a severe injury, as these cases can be even more complex.

The right attorney can ensure you understand your rights for FELA lawsuits and can help you secure the compensation you deserve. A personal injury attorney will review your personal injury claims. They will help guide you through your personal injury case and provide legal advice.

If a railroad accident has impacted your life, an attorney will be your fiercest advocate for fair compensation. FindLaw’s directory of experienced FELA attorneys can get you started. Select your state or city to review contact and ratings information for local experts. Then, reach out to learn how your attorney can build a strong case on your behalf.