FELA & The Injured Railroad Worker

Why an Injured Railroader Needs an Experienced FELA Lawyer

About the process

Injured railroad workers are covered under the Federal Employers’ Liability Act (FELA). They are NOT covered by Workers’ Compensation and are NOT entitled to automatically recover damages. Instead, injured railroad workers must prove the railroad was negligent in failing to furnish a reasonably safe work place and/or the proper equipment for work.

The railroad in order to deflect negligence immediately after an accident involving an injury has its claim agents and attorneys begin protecting its interests – not the injured railroader’s.




CHECKLIST

WHAT SHOULD YOU DO AND NOT DO IN THE EVENT YOU HAVE BEEN INJURED WHILE WORKING ON THE RAILROAD?

Contact a member of our team for help understanding any of these resources.

1. Obtain the very best medical care that you can through your own doctors.

2. Contact legal counsel and union officials for additional guidance.

3. Be sure the accident has been reported to the railroad and union.

4. Write down names, addresses and phone numbers of anyone who witnessed the accident or knows about the work conditions.

5. Keep records of any out-of-pocket expenses due to the accident.

6. If you have a disability insurance policy, contact the insurance company to begin receiving payments.

7. Apply to the Railroad Retirement Board for sickness benefits.

8. Do not give a recorded or written statement to a claim agent or anyone else until you have had an opportunity to discuss the matter with your FELA lawyer or union officials.

9. Do not sign a medical release of information to the railroad without first getting legal advice.




The claim agent takes witness statements, investigates the railroad accident scene / equipment, and reviews the facts. The claim agent may even attempt to take the injured railroader’s statement at the hospital, while medicated – again, to minimize the railroad’s liability and maximize the worker’s responsibility. The railroad claim agent might also attempt to stop the injured worker from exercising his right to choose treating physician(s) and push the injured railroader to treat with a company doctor who is loyal to the railroad.


This is why if you are injured at work on the railroad you hire a personal injury lawyer experienced with FELA claims and railroad injury litigation. Our railroad injury attorneys understand the complex litigation of railroad injury claims and have obtained record verdicts and settlements against the railroads. Steel & Moss has had the privilege of representing injured railroad workers who are members of many railroad crafts and unions:

Members Who Trust Us:






EXPERIENCE MATTERS

Our Results Prove It

The Locomotive Inspection Act (LIA) protects injured rail workers who are injured due to defective or unsafe conditions on a locomotive.

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Engineer injured his back in wreck while being transferred back to home terminal from train. Verdict returned for $5,500,000

read more


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