Unfortunately, railroad employees nationwide are exposed to heavy machinery, dangerous chemicals, and other tools that can cause severe and life-altering injury or illness. Our attorneys at The Workers Compensation Lawyer Law Firm understand this and the nature of the environment in which railroad employees perform their daily duties.
If you have sustained an injury or illness due to a work-related accident, our attorneys can intervene to help you pursue the deserved damages for all your losses by filing a FELA claim. Do not hesitate to speak with an attorney if you want to obtain maximum compensatory damages for all your losses resulting from the work-related injury.
The section below could answer most of your questions regarding FELA claims and railroad employee injuries. Read on for everything you need to know if you have sustained an injury or suffered an illness in your workplace due to your employer's negligence.
What Should I Know About FELA?
Long before the enactment of workers' compensation laws, Congress had recognized the inherent dangers that railroad employees face daily while on the job. The Federal Employers Liability Act, also known as FELA, is a law designed to protect and compensate railroad workers or employees with work-related injury cases.
In simple terms, FELA holds railroad companies accountable for all injuries and illnesses their employees suffer while performing their usual activities within the scope of their employment.
While this law could seem similar to typical workers' compensation laws, it has several differences. One of the notable differences is that FELA is a fault-based law. That means you must prove with sufficient evidence that your injuries were partially or totally due to a contractor, agent, railroad employee, or perhaps hazardous or faulty equipment.
Secondly, unlike workers' compensation laws, you must show that your employer's or legal negligence was the cause of your injuries and losses for adequate compensation. In other words, this kind of compensation system is limited to railroad employees and railroad-related accident incidents.
What Should I Do After Sustaining a Work-related Injury to Qualify for Compensation Under FELA?
What you will do immediately after sustaining a work-related injury or illness can significantly affect the outcome of your FELA claim if you are a railroad worker or employee. Here are vital steps to take after sustaining a work-related injury to protect your best interests and legal rights for maximum compensation on your FELA claim:
- Immediately report the accident or injury to your immediate superior or supervisor.
- As part of the railroad regulations and rules, you should fill and complete an injury report after sustaining an injury. However, do not state that the accident was your fault or mention anything that can weaken your claim.
- Note the name, address, and phone numbers of eyewitnesses to the accident or anyone who could be aware of it.
- Seek advice and assistance from your union representative.
- List all possible unsafe conditions, equipment, and defective tools that could probably have led to the accident or injury.
- Take videos and photographs of the accident scene if you can since the railroad company can correct the problem in your absence to deny your compensation claim.
- Seek immediate medical care or attention from a doctor of your choice and explain to him/her how you feel even if you do not have a physical injury. In emergency medical cases, seeking medical attention should be your priority.
- Keep your medical receipts after treatment, records of your lost wages, and any other out-of-pocket costs stemming from the work-related accident or injury.
- Contact a credible attorney with significant experience on FELA claims for legal guidance and representation to obtain the compensatory damages you deserve.
What Actions Should I Take if There is an Ongoing Investigation on My FELA Claim?
Once you file your FELA claim, the railroad company will send their lawyers and claim adjusters to investigate the case. Typically, the railroad company's aim in conducting this investigation is to discipline you and reduce your chances of obtaining maximum compensatory damages for your losses resulting from a workplace injury.
During this investigation, the company's claim adjusters could ask you to sign a written or recorded statement, but do not fall for this trick since anything you say or write could be used against you at trial.
Regardless of how friendly the claim adjuster could seem; it is advisable to postpone making any statement until you receive the necessary advice from an experienced FELA attorney or union representative. While an investigation by your employer concerning the submitted FELA claim could seem intimidating and frustrating, you have options, and remaining silent is one of them.
If you are silent and calm during the investigation, the railroad claim adjusters and attorneys will not find any evidence to use against you. Hence, you can be sure of the best possible outcome when you file a lawsuit against them.
What Are My Options If I Have a FELA Claim?
There are typically two ways to pursue compensatory damages if you have sustained a workplace injury. A reliable attorney will know which path is the best in either of these two ways discussed below to secure the compensation you deserve for your injuries and other losses resulting from the work-related accident:
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Alternative Dispute Resolution
The railroad company could be willing to resolve the work-injury case outside of court, meaning you do not have to file a lawsuit against them. Alternative dispute resolution or settlement negotiation is a process that allows you to discuss your situation with the company's claim adjuster to figure out a compensation program that will work out in your favor to cover your damages.
If this resolution is unsuccessful or you cannot reach a fair settlement offer, filing a lawsuit will be the only solution to fight for the adequate compensatory damages you need to live a comfortable life.
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Filing a Lawsuit
Although you do not have to take your case to court, filing a lawsuit against the railroad company could be the only way to recover adequate compensatory damages, including any possible future medical costs. If you file a lawsuit against the company, the court judgment will be final, meaning when the judge decides you are ineligible for damages, you will lose the case.
In a lawsuit, your attorney will carry a "featherweight" legal burden of proof. That means he/she must prove that the company was either partially or totally at fault and their negligence caused your injuries to receive damages for your losses.
How Will I Know Whether or Not My Injury or Illness Was Due to Negligence?
As mentioned above, you must prove that the railroad company was negligent and that their negligence led to your injury or losses to win a FELA claim. Generally speaking, the railroad is a complex organization with several employees involved in different roles and responsibilities throughout the company.
Due to this, the company could be negligent in several ways that can cause an employee to sustain an injury or illness. To know whether or not your work-related injury or illness was due to negligence, you should consider the safety standards of your workplace and whether or not your employer complies with the required protocols and rules.
Below are some of the common incidents or acts of negligence that could have led to your workplace injuries or illness:
- Failing to provide proper training to employees
- Failing to provide and maintain adequate or appropriate workplace safety rules
- Failing or not providing adequate workplace equipment and tools
- Failing to hire an adequate workforce or employees in the workplace
In the legal theory of negligence, every person has a legal responsibility to act or behave in a reasonable way to avoid causing injury to another. The key to protecting your best interests if you have suffered a work-related injury as a railroad employee is to hire an attorney with significant experience in FELA cases.
Although every case is different, an experienced and skilled FELA attorney can investigate your case to determine the specific acts of negligence that could have led to your workplace injury. Typically, you could be eligible to receive compensatory damages if your attorney can prove that your injury and losses were due to negligent conditions inherent in your workplace as a railroad employee.
Will I be Eligible for Compensatory Damages Under FELA if the Injury Was Partially Due to My Negligence?
Since your attorney has a legal burden to prove that the railroad company's negligence was the partial or total cause of your injuries, do not expect the company to bow down to your allegations without a punch.
The railroad company attorney could use the comparative negligence defense to reduce your claim's monetary worth by arguing that your injuries were partially due to your fault or negligence. Under the comparative negligence legal doctrine, the compensatory damages you will receive will depend on your percentage of fault or negligence in the accident incident or injury case.
That means if the damages in your FELA claim are worth $100,000 and your percentage of fault is determined to be 25%, you will receive $75,000 in damages. With a reliable and dedicated FELA attorney in your corner, you could manage to prove that the railroad company is 100% negligent for the full compensation that you deserve to live a comfortable life.
What Kind of Injuries or Illness Does FELA Cover?
The railroad claim representative or adjusters could argue that your compensation claim is unviable if you cannot identify a specific injury or illness, you sustained while you were on your usual duties, but that is not the law.
Generally speaking, you could have a viable claim under FELA if you have sustained any of the following types of injuries while doing an activity that is within the scope of your railroad job or duties:
- Repetitive motion injuries, including tendonitis and carpal tunnel syndrome
- Traumatic injuries, including pulled muscles, broken bones, and joint sprains
- Occupational diseases, including lung cancer, asbestosis, and hearing loss
- Any aggravation of a preexisting medical condition(s). For instance, where the injury worsens or accelerates an existing health problem you already had within your body
When an accident occurs on a railroad, the injuries tend to be severe. Other common injuries that could occur in a railroad accident incident include (but are not limited to):
- Head and brain injuries
- Amputations
- Burns
- Internal injuries
- Bone breakages
Generally, most work-related injuries are eligible for compensation under FELA, even if you are partially liable for the accident. If you have an attorney in your corner, he/she can help you determine whether or not your injuries are eligible for compensation under FELA.
Who Qualifies for Compensatory Damages Under FELA?
Typically, FELA provides a legal basis, allowing all railroad employees across the nation to recover damages for injuries and illnesses associated with working in or being employed by the railroad industry. Some of the railroad employees eligible to receive compensation under FELA include (but are not limited to):
- Signalmen
- Clerical workers
- Trainmen
Generally, if your injury or illness stemmed from a work-related activity, you could qualify for compensatory damages under FELA. Also, in the unfortunate event that a loved one dies in a railroad accident, as the surviving family member, spouse, or child of the deceased, you could qualify for compensation on his/her behalf under FELA.
Is There a Time Limitation for Filing a FELA Claim?
Like any other injury case, there is a statute of limitations or deadline for filing a FELA lawsuit after sustaining a workplace injury or illness. To protect your rights to adequate compensation, you must file your FELA lawsuit within three years.
Even though it seems like ample time to prepare your case, it is wise to submit your FELA lawsuit as soon as possible to preserve your rights to adequate compensation. When you fail to submit your claim within this time frame, the court could disqualify you from receiving deserved compensatory damages for your injuries resulting from the workplace.
Since this statute of limitations begins to run from the date you sustained the workplace injury, it is best to seek the services of an attorney as soon as possible. Your attorney will assess your unique case and discuss ways you can protect your FELA claim to obtain the compensation you truly deserve.
How Much Will I Receive as Compensation on My FELA Claim?
Generally, every FELA claim is unique, and how much you could probably receive as compensatory damages for a work-related injury will depend on various factors, including:
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The Severity and Nature of Your Injury
The more severe your injuries are, the more your monetary compensatory damages will be when you win the FELA lawsuit, and vice versa is also true.
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The Disfigurement and Disability Caused by the Injury
Disfigurement could be scarring or any other kind of injury that has altered your physical appearance. On the other hand, disability is typically the difference between your health condition before and after sustaining a work-related injury.
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The Pain and Suffering Caused by the Injury
Another critical factor in determining how much you deserve as compensatory damages on your FELA claim is the pain and suffering you have endured and are likely to experience in the future due to the work-related injury. The monetary damages you could receive for pain and suffering could be substantial if you have sustained a disabling or permanent injury.
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The Aggravation or Worsening of Any Preexisting Health Condition
If the work-related accident aggravated or worsened a preexisting health condition, you could still be eligible to receive compensatory damages under FELA. For instance, if you have a preexisting condition like arthritis that becomes more painful after sustaining a work-related injury, the court will consider this factor when determining the worth of your FELA claim.
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The Reasonable Monetary Value of the Medical Care Received and Likely to be Received in the Future
You have a right to adequate compensation for the medical expenses you have incurred and are likely to incur in the future due to the injury sustained in the work-related accident. When determining the value of your FELA claim, the court will also consider this factor.
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Monetary Value of Your Past and Possible Future Lost Wages
The past lost wages and the wages you are likely to lose in the future due to the work-related injury can also influence the court's decision on the amount you should receive as compensation once you win your FELA claim.
Some of these losses you could suffer after sustaining an injury in a work-related accident do not have a precise and definite monetary value. The amount you will ultimately receive as compensatory damages for your losses resulting from a work-related injury or illness will depend on the aggressiveness and experience of your FELA attorney.
A skilled attorney can manage to obtain the maximum compensation you deserve for your injuries and losses resulting from an injury you sustained in a work-related accident.
What Damages Can the Surviving Family Members of a Deceased Railroad Worker Receive in a FELA Claim?
As mentioned above, when your loved one dies in a work-related accident, surviving family members can file a FELA claim on his/her behalf to receive compensatory damages. Typically, the surviving family members of the deceased railroad employee, including the children, spouse, or parents, could receive compensatory damages for the following types of losses in a FELA claim:
- Pain and suffering the deceased experienced between the injury and his/her death
- Medical expenses the deceased received before his/her death
- Funeral and burial cost
- Loss of financial support, especially if the deceased was the breadwinner in your family
- Loss of companionship and intimacy if you are his/her wife or husband
What Should I Know Before Hiring an Attorney for My FELA Claim?
You need an attorney who will do whatever it takes to fight for adequate compensation for your injuries resulting from a work-related accident. However, finding a dependable attorney can be a time-consuming and overwhelming task, especially for some who have never needed one before.
Since you do not want to put your case in the hands of a mediocre attorney, you should take your time to find a reliable attorney. Below are a few tips that can help you narrow down your options to find a dependable FELA attorney for your unique case without a hassle:
- Consider the attorney's accessibility and availability
- Find an experienced attorney, specifically on FELA claims
- Find an attorney with a credible reputation and track record of success in his/her past claims
- Find a licensed attorney
- Find an attorney with excellent communication skills
There are reliable attorneys in your community, and there are unreliable ones as well. If you have sustained a work-related injury, the above tips can help you find a reliable attorney without wasting time.
How Much Will a FELA Attorney Charge for His/Her Services?
Fortunately, FELA claims are addressed on a contingency basis, meaning you will only pay your attorney when he/she secures the compensatory damages on your behalf. If your FELA claim is unsuccessful, you will not owe your attorney any fee for his/her legal services throughout the case.
If your prospective attorney asks for an upfront fee payment, you should find another reliable one because that is one sign of a mediocre attorney in this legal field.
Find an Experienced FELA Attorney Near Me
Unlike what some railroad employees assume, the railroad company cannot fire or discriminate against you in other ways once you speak with an attorney about your FELA claim. At The Workers Compensation Lawyer Law Firm, we can offer you the much-needed legal representation you need to obtain satisfactory damages on your FELA claim.
We invite you to call us at 424-501-9228 for an obligation-free consultation with our dedicated and courteous FELA attorneys wherever you are in the city of Los Angeles. Our attorneys have whatever it takes to fight for satisfactory compensatory damages that you deserve for all the financial losses resulting from an injury you sustained in the workplace due to your employer's negligence.