While railroad jobs have become much safer over the years, it is still inherently dangerous work. One mistake or wrong move by anyone, including the train operators, can leave you with severe and life-changing injuries, ranging from bone breakages to severe traumatic brain injuries. Fortunately, you have options under the Federal Employers Liability Act (FELA).

Like any other workplace or occupational injury, railroad employees have a right to adequate compensation when they suffer an injury in their line of duty. If you are a railroad or railway worker with a workplace injury or illness, you should speak with an attorney to know your legal options under FELA.

At The Workers Compensation Lawyer Law Firm, we have significant experience helping railroad workers pursue FELA claims, and we can help you too. Our attorneys understand how devastating and confusing it can be if you have a workplace injury or illness that is likely or already costing you a significant amount of money to treat.

If necessary, our experienced attorneys can take your FELA claim to trial to fight for adequate compensation that you deserve for all your losses resulting from the workplace injury or illness. We serve clients with workplace injuries throughout the city of Los Angeles. Read on to learn what to do if you have a workplace injury as a railroad employee.

What You Need to Know About FELA

Unlike workers' compensation law, FELA is a law designed to protect ill and injured railroad workers in particular. Like current workers' compensation laws, FELA allows railroad employees to seek compensation for illness and injuries sustained in their workplace through settlement negotiation or court system.

Like a century ago, Congress passed FELA with a specific motive to protect several railroad workers nationwide from workplace injuries and illnesses. Apart from providing railroad employees with a basis for a legal claim for any workplace-related injury, FELA also provides railroad employers and companies with some obligations to ensure uniform liability standards.

For instance, every railroad company or employer has the following obligations under this law to ensure proper working conditions and employees' safety:

  • The company must provide its employees with proper equipment, tools, and personal protective equipment (PPEs)
  • The company must provide its employees with safety training
  • The company must enforce or maintain proper safety rules
  • The company must ensure there is proper staffing and supervision of their work
  • The company must inspect their employees' workplace regularly to ensure it is free from hazards

If you believe the cause of your accident or injury was the company's failure to meet any of the above obligations, you should discuss the issue with your attorney to strengthen your FELA claim. Like most personal injury cases, negligence is the primary basis for FELA claims.

That means your attorney must prove that your employer or one of its employees was negligent for an award of compensatory damages you deserve for your losses resulting from the workplace injuries. To that end, your employer's failure to meet any of the above obligations will count as negligence, meaning you deserve adequate compensation for your losses resulting from the railroad injuries.

Since these companies will have their attorneys and claim adjusters seeking to limit your options, you will rely on your attorney to fight for your best interests throughout the claim process for the best possible outcome.

Steps to Take When You Sustain a Railroad Injury

Undoubtedly, the steps you will take immediately after sustaining an occupational injury are critical and could significantly impact your compensation claim. Explained below are critical steps to take if you have a workplace injury to preserve your rights for adequate compensation under FELA:

1. Report the Injury to Your Company

Immediately after sustaining a workplace injury, you should report your case to the supervisor in charge and complete the necessary report form if your injury allows you to do so. Ensure you are as thorough as possible when detailing the extent of your injuries and potential causes or factors you believe could have led to the injury or accident.

If you have eyewitnesses, you should record their names and contact details because you could need them to testify at trial for utmost compensatory damages for all your losses. Typically, this report will come into play later in your FELA claim to convince your employer that you deserve adequate compensation for your injuries, including lost wages.

2. Seek Medical Attention

Once you report the injury, your employer will ensure that you have an immediate medical check-up and treatment. After receiving the necessary initial medical attention, you should seek an independent evaluation from your doctor of choice.

Be as open and honest as possible when disclosing any difficulties or pain you are experiencing due to the workplace injury. Also, do not forget to keep all copies of your bills, medical records, and any other vital documents related to your medical care since the accident incident.

3. Maintain Your Case Folder

In addition to your employer's report, it is also vital to create your injury report detailing all crucial information that can strengthen your FELA claim, including:

  • The extent of your injuries
  • The likely possible causes of the injury or accident
  • A tally of missed workdays
  • All your doctor visits and medical bills
  • Your healing record
  • Medication costs

Also, it would help to take a few pictures or videos of the accident scene to help prove the inherent hazards in your workplace. Maintaining all your vital documentation regarding the accident in a central place will organize your compensation claim and prevent any information from being misplaced.

4. Contact Your Union

It is also important to contact your union representative to inform him/her of your workplace accident and injuries sustained from the incident.

5. Contact Your Attorney

Even if you believe you could be partially liable for your injuries, it is critical to consult with a skilled attorney to know your legal options. Before you speak with your attorney, the railroad company could send claim adjusters to investigate the case. However, you do not have to talk to them without your attorney.

Your attorney will deal with claim adjusters and ensure your legal rights are protected through every stage of the claim process to achieve fair compensatory damages for your injuries. A proficient and skilled attorney can access your case's facts, enlighten you on how the claim will proceed, and guide you through every stage of the claim process for the best favorable outcome.

Because FELA claims are typically complex and challenging, it makes sense to hire an attorney who is:

  • Qualified and licensed
  • Experienced and reputable
  • Credible and accredited
  • Accessible and available

The FELA Compensation Claim Process

Typically, the FELA claim process is no different from the one you would expect if you have an injury case resulting from a car accident. As mentioned in the previous section, your FELA attorney will guide you on how your compensation claim will proceed until you achieve your compensatory damages. Below is an overview of what to expect during your FELA claim process:

Settlement Negotiations

After submitting your injury report, the railroad company will investigate the case and give you a settlement offer. If their settlement offer is insufficient to cover all your losses, your FELA attorney can organize a meet-up with the company's claim adjusters to negotiate a fair settlement offer.

Since litigation is costly and time-consuming for both parties, most FELA claims will settle without going to court. However, if it is impossible to reach a fair and favorable settlement agreement, your FELA attorney can help you take formal action against the company.

In that situation, filing a civil lawsuit against the company is the only way you can hold them accountable for all your injuries and losses resulting from the workplace accident.

Filing a Complaint

If the railroad company is unwilling to settle your claim, your attorney can seek legal action on your behalf, which begins by filing a FELA complaint. A FELA complaint is a legal document detailing the claims you, the plaintiff, have against the railroad company. Typically, your injury attorney will prepare this legal document on your behalf.

Once your attorney files the complaint, the defendant or railroad company will have a maximum of thirty days to give a response. The response from the railroad company will include the following information:

  • What part of the claim the company intends to challenge
  • What portion of the claim or allegations they admit,
  • Various defenses they have to challenge the alleged charge
  • Whether or not they have claims against you or any other party

Once you receive a response from the railroad company, your case will proceed to the discovery phase. The discovery phase is typically an evidence-gathering and fact-checking process in preparation for the trial hearing.

During this process, both your attorney and the company's attorney can agree to resolve the case through settlement negotiation or mediation. When you decide to settle your FELA claim ahead of trial, the railroad company will award you the agreed settlement amount to cover your injuries and other losses resulting from the workplace injury.

FELA Lawsuit Trial

If the case cannot resolve through pretrial motions or settlement negotiation, your FELA attorney will take your compensation claim to trial. Typically, at the trial hearing, a judge or a jury will decide whether or not you are eligible to receive compensatory damages for your railroad injuries after listening to arguments from your attorney and the defendant's attorney.

Unlike the workers' compensation laws in which an injured worker does not have to prove fault, your defense attorney must be ready to prove the defendant was negligent in a FELA lawsuit for an award of deserved damages. The basic idea in a FELA lawsuit is to prove that the railroad company failed to provide you with safe working conditions, causing your injury or accident.

For instance, to prove the company was negligent, your attorney can argue that they failed to provide you with proper PPEs, meaning if you had proper protective gear, the injury would not occur. Fortunately, the burden of proof your attorney has in a FELA lawsuit is less than that required in ordinary negligence claims for auto accident cases.

In a FELA lawsuit, your attorney only needs to provide evidence to prove that the defendant or the railroad company was somehow negligent and their negligence (regardless of how small) was the cause of your injuries. Other elements your attorney must prove to obtain your deserved compensation under FELA include:

  • You are a railroad employee
  • You sustained the injuries while on your duty or performing your obligations
  • The injuries led to damages, for example, medical bills

If the jury is convinced the defendant is guilty beyond a reasonable doubt, you will receive compensatory damages for losses resulting from the workplace injuries.

Typically, you have a maximum of three years from the date you sustained the railroad injury to file a FELA lawsuit against your employer to receive the compensation you deserve for your losses. To avoid missing your opportunity to seek compensation from the at-fault party, your attorney will recommend filing your claim as soon as possible.

Compensatory Damages You Can Recover in a FELA Claim

While the usual workers' comp claim is typically limited to lost wages, rehabilitation, and medical expenses, damages you can recover if everything goes in your favor on the FELA compensation claim are extensive. Typically, a FELA claim offers coverage for more than just physical injuries.

FELA will cover not only bodily injuries suffered by the railroad worker but also occupational illness resulting from exposure to toxic and harmful chemical substances, for example, lung cancer and asbestosis. Additionally, in a FELA claim, as the plaintiff, you can also recover damages for repetitive motion injuries like carpal tunnel syndrome and the aggravation of a pre-existing health condition. 

Generally speaking, most FELA claims involve bodily injuries stemming from:

  • Street crossing accidents or collisions
  • Being hit by a train car
  • Cumulative stress on a railroad worker's body
  • Mishaps involving train couplers

Regardless of the cause of your railroad injury or illness, you are entitled to full and fair compensation for your losses in a FELA claim if your attorney can prove your employer was negligent. The money recoverable in a FELA claim will depend on your case's facts, but it will typically give you coverage for the following possible losses:

Current and Future Medical Expenses

Undoubtedly, diagnosing and treating a catastrophic railroad injury can be costly. If you have escalating medical bills and expenses, your FELA action against the at-fault party could help you to pay them. When everything goes in your favor on the FELA lawsuit, you could recover reasonable damages for all your medical expenses since the date of the injury, including:

  • Medication
  • Rehabilitation
  • Hospital stays
  • Therapy
  • Surgical procedures
  • Diagnostic scans and tests

Even if your injury requires you to buy prosthetics to help make your life comfortable, you could receive compensatory damages for these potential expenses under FELA. All you need is a dedicated attorney in your corner to fight for utmost compensation for all your current and possible future losses you are likely to incur due to the railroad injury.

Lost Wages and Lost Earning Capacity

A successful FELA claim could also allow you to recover damages for lost wages if your railroad injury makes it impossible or challenging to work. In addition to recovering the salary or income you would have earned if you had not missed work due to the sustained railroad injury, your attorney could also help you recover damages for possible loss of future income.

That would be possible if your FELA attorney could prove to the court with clear evidence that the injury you sustained at your workplace will affect your ability or capacity to work. For instance, a spinal cord injury causing paralysis could affect your ability to work and provide financial support to your family.

Pain and Suffering

Railroad employees are typically vulnerable to various injuries that can be very painful, even during and after treatment. While there is no general definition for "pain and suffering," when it comes to FELA claims, this term refers to:

  • Physical discomfort caused by the diagnosis and treatment of the railroad injury
  • Physical pain caused by the railroad injury
  • Anxiety, sleeplessness, mental anguish, and other possible psychological impacts of the railroad injury or accident

When determining the degree of pain and suffering you have endured, the court will consider the extent of your injuries and the nature of the required treatment. While FELA gives you access to various compensatory damages, you will need a skilled attorney in your corner to convince the court you are the right candidate to receive these damages.

Many believe their employers will willingly cover for the injuries or illnesses sustained in the workplace without challenging the allegations, which is untrue. If you have a FELA claim, the railroad company will hire skilled attorneys to help limit their financial liability in the alleged case.

Hence, it is important to retain the services of an attorney as soon you suspect that you have a workplace injury. Your attorney will investigate the case and help you file a FELA claim before the expiry of the statute of limitations for filing these types of claims.

Frequently Asked Questions on FELA Claims

Obtaining your deserved compensation for a railroad injury can be a confusing process. Because of that, it is not uncommon for people to ask several questions regarding FELA claims. Below are answers to some of the most common questions on FELA claims:

1. Who Has Coverage Under FELA?

Generally speaking, FELA provides compensation coverage to nearly every railroad employee, including (but not limited to):

  • Electricians
  • Train crews
  • Mechanics
  • Basic laborers
  • Repair people
  • Clerical assistance
  • Carpenters
  • Builders
  • Signal persons

 2. What Type of Injuries Qualify for a FELA Claim?

Some railroad employees could worry that their injuries are not extensive or severe enough to qualify for a claim under FELA. For example, a broken bone or any other type of injury that heals over time could not seem worth the challenges of seeking compensation under FELA.

However, in reality, any injury that has caused you or a family member any kind of loss, including loss of wages, is worth a FELA claim, including:

  • Traumatic brain injury
  • Spinal cord injuries
  • Head injuries
  • Torn ligaments
  • Neuropathy
  • Traumatic amputations
  • Electrocution
  • Carpal tunnel syndrome
  • Crush injuries
  • Herniated discs
  • Hearing loss

3. How Long Does a FELA Claim Take to Resolve?

Typically, how long it will take to resolve your FELA claim will depend on several factors, such as:

  • The complexity and sophistication of your unique case
  • Availability of the courtroom if your case has to proceed to trial to resolve
  • The extent and severity of your injuries

Further, resolving your case could take even longer if you choose to represent yourself on the FELA claim. Hiring a skilled and experienced FELA attorney is the best step to take if you want to achieve a resolution on your case as soon as possible, especially if it has to proceed to trial to resolve.

4. What Do I Do If My Husband Dies After Sustaining a Railroad Injury?

In an unfortunate event where your loved one dies after sustaining a railroad injury, you could also be eligible for compensation as his wife. According to FELA regulations, you deserve compensation for the following type of losses if your husband dies after sustaining a workplace or occupational injury: 

  • Loss of companionship
  • Loss of emotional support
  • Funeral and burial expenses
  • Financial support the deceased provided to the family

5. What Happens If I Was Partially Liable for My Railroad Injury?

Fortunately, even if you were partially negligent or liable for your injuries, you could be eligible for damages under FELA. However, the damages you will receive will reduce depending on your percentage of liability in causing the injury.

Find a Workers Compensation Attorney Near Me

If you have more questions about seeking compensation for a railroad injury under FELA, hiring a skilled attorney is a decision you cannot regret. We invite you to call The Workers Compensation Lawyer Law Firm at 424-501-9228 if you or a loved one has a railroad injury in the city of Los Angeles.

We will immediately investigate your case once you contact us to prepare the evidence necessary to prove you deserve adequate compensation for your losses resulting from the injury, including mental anguish.