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Federal Employer Liability Act Attorneys

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Attorneys for Railroad workers

Were you injured on the job for a railroad company?

FELA Attorneys at The Carlson Law Firm represent railroad workers injured on the job. Unlike most employees, railroad workers are not covered by workers’ compensation laws for their on-the-job injuries. Instead, they are protected by a federal law, the Federal Employers’ Liability Act, commonly referred to as FELA. A FELA attorney focuses their practice on handling claims for injured railroaders and must be highly knowledgeable about federal regulations as well as the company rules that govern the railroad industry.

We represent injured railroad employees whether they were harmed due to the negligence of the railroad or a third party, such as in railroad van accidents or railroad crossing collisions with large commercial trucks.

Why Getting Legal Help with FELA Claims Matters

We level the playing field when it comes to ensuring the worker is treated fairly.

Understanding the FELA Claims Process

When pursuing a FELA claim, it’s crucial to understand not just the basic steps, but also the nuances that can make or break your case.

Here’s what you need to know:

Timely Reporting is Critical—but Not Always a Deal-Breaker

While it’s essential to report your injury to your employer as soon as possible, delayed reporting doesn’t always disqualify you from compensation. There are valid reasons for delays, such as certain injuries taking time to become apparent. An experienced attorney can help navigate these situations.

Choice of Doctor Matters

Under FELA, you have the right to choose your own doctor, unlike in workers’ compensation claims. Selecting a medical professional familiar with occupational injuries and FELA claims can provide a strong, unbiased evaluation of your injuries, crucial for your case.

Proving Negligence is Key

FELA claims differ from other injury claims because you must prove some degree of negligence by the railroad. Even if you were partly at fault, you could still recover damages due to the law’s comparative negligence standards.

The Role of Witnesses and Co-Workers

Witnesses and co-workers can provide valuable insights into safety practices and work conditions. While obtaining these statements can be sensitive due to fears of retaliation, an attorney can help manage this process effectively and ethically.

You Can Claim More Than Just Medical Expenses

FELA allows compensation beyond immediate medical costs, including lost wages, pain and suffering, emotional distress, and loss of earning capacity. A skilled attorney can ensure you claim the full scope of your damages.

Railroad’s Legal Tactics

Railroad companies often use strong legal tactics to downplay your injury or shift blame. Understanding these tactics can help you protect your rights and avoid pitfalls in your case.

Settlement Offers and Negotiations

Quick settlement offers from railroad companies may not fully cover the long-term costs associated with your injury. An experienced FELA attorney can assess any offer and negotiate for a fairer amount.

Statute of Limitations is Strict

You have three years from the date of your injury to file a FELA claim. For conditions that develop over time, the clock starts when you reasonably should have known about the injury, making prompt action essential.

Court Trials vs. Settlements

Not all FELA claims are settled out of court. Being prepared for a potential trial, which can be lengthy but may result in greater compensation, is crucial. Your attorney will guide you on the best approach.

Long-Term Implications

Winning a FELA claim can improve safety for other workers by holding railroads accountable and encouraging industry-wide changes, promoting a safer work environment for everyone.

Determining Eligibility for FELA Claims

If you meet these criteria, you may be eligible to file a FELA claim. It’s often beneficial to consult with a FELA attorney who can help you navigate the complexities of the claim process and ensure that your rights are fully protected.

Eligibility for a FELA (Federal Employers' Liability Act) claim is primarily determined by the following criteria:

1. Employment with a Railroad

To be eligible for a FELA claim, you must be employed by a railroad company that is engaged in interstate commerce. This means the railroad must operate across state lines or be involved in transporting goods or passengers between states.

Our legal team will collect crucial evidence such as accident reports, witness statements, recall notices, and expert testimonies to establish a clear connection between the defect and the injury or accident.

2. Injury Occurred While on the Job

The injury must have occurred while you were performing duties related to your job. This includes not only accidents that happen directly on the tracks or trains but also injuries sustained in railroad yards, workshops, or other facilities associated with railroad work.

3. Negligence by the Railroad

To file a successful FELA claim, you must prove that the railroad was at least partially negligent in causing your injury. Negligence could include unsafe working conditions, lack of proper equipment, inadequate training, failure to provide a safe working environment, or violations of safety regulations. Unlike workers’ compensation claims, FELA requires showing that the employer’s negligence contributed to the injury.

4. Injury Resulting from a Railroad-related Duty

The injury must be related to the duties you perform as part of your job with the railroad. This can include a wide range of scenarios, from accidents on moving trains to injuries caused by defective equipment or exposure to hazardous materials.

Navigating a FELA claim can be stressful and overwhelming. A Federal Employer Liability Act attorney can provide peace of mind by managing all the legal aspects of your case, allowing you to focus on your recovery. With an attorney handling the details, you can be confident that your rights are protected and your claim is being pursued thoroughly and effectively.

Demonstrating Negligence

A key element of a successful FELA claim is demonstrating negligence. This could involve showing that your employer failed to provide a safe working environment, did not maintain equipment properly, did not enforce safety regulations, or did not provide adequate training to its employees. Even if the worker’s actions contributed to their injury, they might still recover damages due to FELA’s comparative negligence standard, which reduces the compensation based on the worker’s degree of fault.

Why Hire a FELA Lawyer?

A skilled FELA lawyer can help gather and present the necessary evidence to prove negligence, such as safety violations, inadequate training, or poor maintenance of equipment. Additionally, we are experienced in handling the tactics that railroad companies often use to minimize or deny claims, ensuring that your rights are protected throughout the legal process. By hiring a FELA attorney, you can focus on your recovery while your lawyer works to secure the maximum compensation for your medical expenses, lost wages, pain and suffering, and other damages.

How much money will I get from my FELA Claim?

The value of a FELA claim is determined by several factors, including the severity of the injury, the impact on your ability to work, the extent of medical treatment required, and any long-term effects on your quality of life. Compensation can cover medical expenses, lost wages, pain and suffering, and other related damages. An attorney will help evaluate all aspects of your injury to ensure a fair assessment of your claim.

FAQs: Defective VEhicle Lawsuit

What types of compensation are available under FELA?

Under FELA, injured workers can seek compensation for medical expenses, lost wages (both past and future), pain and suffering, emotional distress, and loss of earning capacity. Unlike workers’ compensation, there is no fixed formula for compensation, and damages are determined based on the specifics of each case.

How does FELA differ from workers’ compensation?

FELA differs from workers’ compensation in that it requires the injured worker to prove that their injury was due to some form of negligence on the part of the railroad company or its employees. This means that FELA claims can be more complex and challenging, but they often result in higher compensation compared to workers’ compensation claims.

Can I file a FELA claim for an occupational disease or repetitive strain injury?

Yes, FELA claims can be filed for occupational diseases or injuries that develop over time, such as repetitive strain injuries, exposure to toxic substances, or hearing loss. The key is to prove that the condition resulted from the railroad’s negligence or unsafe working conditions.

What happens if the railroad company disputes my claim?

If the railroad company disputes your FELA claim, it could lead to negotiations, mediation, or litigation. An experienced FELA attorney can represent your interests during these disputes, working to gather additional evidence, present your case effectively, and argue for your right to fair compensation.

How much does it cost to hire a FELA lawyer?

Our FELA lawyers work on a contingency fee basis, meaning we do not get paid unless you win your case.

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