FELA – Federal Employers’ Liability Act
RAILROAD EMPLOYEE INJURIES – THE FELA
If you are injured, you have a choice between using a union designated attorney or a personal injury law firm like Brown and Crouppen. The best attorney for your needs is not always the first attorney who contacts you.
Brown and Crouppen has the talent and experience to represent a wide range of injury victims, including those involving railroad employees. Our FELA specialist attorneys have decades of combined experience representing victims of railroad injuries. Call us today and see what we can do for you. And as always, we don’t get paid until you get paid, and there are never any upfront fees.
Railroad work is dangerous. Employees of the railroad are exposed to serious risks of injury everyday. Because of this danger, the U.S. Congress passed the Federal Employers’ Liability Act (FELA) in 1908. For over 100 years, the FELA has provided the only legal remedy for railroad workers injured or killed while in the service of the railroad. Railroad employees are not eligible for state workers’ compensation benefits.
The FELA is a fault-based law that requires the injured railroad worker to prove that the railroad was negligent in causing his or her injury in order to recover money damages. If an employee can show that the employer was negligent, the employee may be entitled to money damages for medical bills, lost wages, disability, and pain and suffering.
An employee may also be entitled to money damages for injuries caused by the railroad’s violation of federal and FRA regulations, including the Locomotive Inspection Act, Safety Appliance Act, and Federal Track Safety Standards.
Under the FELA, an injured railroad employee has the right to a trial by jury. Experienced FELA attorneys at Brown and Crouppen, P.C., have successfully handled cases for railroad employees across the United States with successful results. Our attorneys have decades of experience successfully fighting the railroad in the courtroom. Our FELA lawyers represent employees in all crafts, including: engineers, trainmen, mechanical employees, clerks, and maintenance of way employees.
Being hurt while working for the railroad can mean more than just having to worry about medical bills and lost wages. Railroad employees who report injuries at work often face immediate discipline and retaliation from management. The family of an injured employees suffers too. We focus our attention on helping injured railroad employees through this difficult time in all aspects of their case from the living room to the courtroom.
It is critical that every railroad employee injured at work take immediate action:
- Report Your Injury Immediately: Contact your supervisor, local union representative, or a co-worker to report your injury.
- Get Medical Treatment: You have the right to be treated by a physician and hospital of your choice. Report to your doctor specifically how you were hurt and all of your symptoms.
- Complete a Personal Injury Report: Once you are able, you must complete a written personal injury report. You should complete the report with a witness present, such as your local union representative. Keep a copy of the report for yourself.
- Do Not Give a Recorded Statement: If you have a potential claim, you should not give a statement to the railroad about your injury or your accident.
- Keep All Records: Keep a copy of all relevant documents, including: work records from the day you were hurt, time records, wage records, photographs of your accident and injuries, medical bills, medical records, witness names and numbers, and any other evidence concerning your injury or accident.
The railroad claims department is only concerned with minimizing the cost of your claim. They do not care whether you have been seriously hurt or whether you will miss work in the future. The claims representative’s goal is to pay you as little as possible for your claim.
We know how to fight the railroad.
If you have been injured at work, contact the attorneys at Brown & Crouppen toll free at 877-448-5415 for your free legal consultation or use our click to chat or contact us form.