Railroad work is vital, and it is also among the most dangerous jobs in the country. Depending on your specific role and responsibilities, you may face the risk of serious injury, from deep lacerations to broken bones, on any given day. When that happens, the path to compensation isn’t the one most workers know. A FELA attorney can guide you through a process that differs in almost every respect from an ordinary workers’ compensation claim.
If your work-related injury resulted from your employer’s negligence, understanding the claims process will help you protect yourself from the start.
FELA Is Not Workers’ Compensation
First, an injured railroader does not file through workers’ compensation the way workers in most other industries do. Instead, the claim proceeds under the Federal Employers’ Liability Act, a federal law that lets an injured railroad worker recover from an employer whose negligence caused the harm.
The statute of limitations for a FELA claim is three years from the date of injury. Once that deadline passes, you are barred from recovering anything, which is why acting promptly matters. For an occupational illness that develops over time, the three-year clock generally starts when the worker learns, or should have learned, that the condition is work-related.
You should also expect resistance. Your employer will work hard to minimize its responsibility and to pay you as little as possible. With an experienced FELA attorney on your side, you can approach the process on far more even footing.
The FELA Claims Process, Step by Step
While every case is different, a FELA claim generally moves through a predictable sequence.
File an Accident Report
File an official accident report with the rail company as soon as your injury occurs. Complete the form fully and accurately, and make sure your answers match your union agreement. Be detailed. Note any faulty tools or hazardous conditions that caused or contributed to your injury. If anyone witnessed the accident, include their names and contact information, and if you can, take photos or video of the scene, the hazardous conditions, and any defective equipment.
Expect Contact From a Claims Agent
Once you file your report, a railroad claims agent will reach out. Keep in mind that the claims agent does not have your interests at heart and may actively discourage you from hiring a lawyer. Their job is to resolve your claim for the smallest amount possible, despite their friendly manner.
The Investigation
Your employer will investigate the accident to determine how and why it happened. At this stage, they may ask you for a written or recorded statement. Do not give one without first consulting an experienced FELA attorney. Be aware, too, that many rail companies hire private investigators to gather evidence and conduct surveillance on injured workers. For that reason, follow your doctor’s treatment plan closely and avoid any activity your doctor has not approved, since surveillance footage is often used to dispute the severity of an injury.
Settlement Negotiations
Once your lawyer has gathered evidence and understood the extent of your injuries, they will send the railroad a demand letter to open settlement negotiations. Your attorney will negotiate on your behalf until the parties reach an amount that fairly compensates you. If a fair settlement is reached, the process ends there.
Filing a Lawsuit
A skilled attorney works to resolve a claim without a trial, since litigation is long and expensive for both sides. But if the railroad refuses to negotiate in good faith, the next step is to file suit. FELA gives the injured worker an important choice here: these claims can be brought in either state or federal court, and deciding where to file is a strategic judgment your attorney will make based on the specifics of your case.
Pre-Trial and Discovery
Once suit is filed, the discovery phase begins, and the two sides exchange documents, records, and other information. Negotiations often continue during this period. Sometimes the approaching threat of trial motivates a railroad to offer a fair settlement, and many cases resolve here through mediation or another form of alternative dispute resolution.
Trial
If no agreement is reached and neither side ends the case through a motion, the claim proceeds to trial. Both sides call witnesses and present evidence, and depending on the complexity, a trial can last anywhere from a single day to several weeks. After both sides have argued their case, the judge or jury renders a decision.
Why Experience Makes the Difference
At nearly every step, the railroad has professionals working to reduce what it pays you, from the claims agent to the private investigator to the company’s defense lawyers. An experienced FELA attorney levels that playing field, protecting you from the recorded-statement trap, building the evidence of negligence, and knowing when a settlement offer is fair and when it is not.
Our attorneys bring more than 100 years of combined legal experience to FELA cases, and that depth shows in the results we have achieved for railroad workers, including an $8.6 million jury verdict later affirmed on the negligence findings by the state’s highest court. Results depend on the facts of each case, but outcomes like that reflect the effort these claims demand.
Injured on the Railroad? Contact Us Today
If you were injured on the job as a railroad employee, a FELA attorney at Shapiro, Washburn & Sharp can walk you through every step of the claims process and fight for the full compensation you deserve. Contact us at 833-997-1774 for a free consultation. We have offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we are ready to put our decades of railroad injury experience to work for you and your family.