How to appeal a denied FELA claim depends on the status of the case and where the appeal must be taken. If the employer refuses to pay in preliminary negotiations, you appeal the denied FELA claim by filing in the appropriate trial court. From a trial court, the appeal should be filed with the higher level court of appeals.
Appealing a FELA Claim Denial
If your FELA claim is denied, you can file an appeal. There is a limited amount of time to make an appeal, with time varying by jurisdiction. An appeal may overturn a lower court verdict, affirm it, or send the case back to the lower court for further proceedings.
Common Reasons for FELA Claim Denials
Reasons for FELA claim denials include:
- There is insufficient proof that employer negligence contributed to the worker’s injury.
- More than three years have passed since the injury occurred or since the worker was aware of the injury.
- There is insufficient evidence that injuries are work-related.
- Damages are unclear or are not supported by evidence.
- Contributory negligence results in a denial or reduction of the claim.
- An expert witness is not allowed to testify, or their testimony doesn’t cover the right topics.
- The employer denies they are a common carrier.
- The lower court improperly omits evidence or allows the employer to present prejudicial evidence.
- The lower court improperly awarded summary disposition to the defense.
- Steps in legal procedures were not followed correctly.
- Evidence was not offered in compliance with court rules.
To win a FELA claim, the victim must present evidence of each element of the case—that they worked for a railroad company and were hurt, suffering injury and damages. If evidence of any element is lacking or if there is a procedural mistake or incorrect ruling, the result may be a FELA claim denial. However, you can appeal.
Steps To Prepare for an Appeal
To prepare for a FELA appeal, ask yourself:
- Why was the claim denied?
- What do I need to change to get a correct ruling the next time?
- Which court will hear the appeal?
- How do I file my appeal?
You may need to ask a higher court to overrule the lower court on a legal issue. You may need additional evidence or better arguments. While a possibility, most appeals are not based on a jury verdict. Instead, they’re usually over a court ruling regarding summary judgment or the admission of evidence. You must identify the legal error and bring it to the higher court’s attention.
Most of this is done in writing, but you may have an opportunity for oral argument. Most appeals from the trial level don’t involve evidentiary hearings, making the lower court record very important.
Filing the Appeal: Step-by-Step Guide
Refer to the court where you are filing the appeal for a step-by-step guide. You may need to submit:
- A claim of appeal
- Lower court order that you are appealing
- Assignment of Errors and Issues Presented for Review
- A jurisdictional checklist or information sheet
- Transcripts or evidence that you have ordered a transcript
- Filing fee
- Proof of service of the appeal
You will submit a brief citing legal issues, laws, and case law and making arguments.
What To Expect During the Appeals Process
When you file your appeal, you file the required information from the trial court along with a detailed brief outlining the facts and legal issues. The other side can respond. There may be an oral argument, where you summarize your position and answer questions from the court.
The court doesn’t call witnesses. Instead, they decide based on the information submitted by the parties and the lower court record. The appeals process can take months.
If you are successful in appealing a denied FELA claim, the court will reverse the lower court.
They’ll send the case back to the lower court with instructions to make a new ruling or enter a different decision. That may mean you win your case or you need additional proceedings.
Contact an Experienced FELA Appeals Lawyer Today
Any FELA appeal is a complex legal and procedural undertaking. You can have representation from an experienced FELA claims lawyer. Get help with how to appeal a denied FELA claim and start your appeal today. Contact Sarphie Law now.
Case Law Examples of Appealed FELA Claims
Consolidated Rail Corporation v. Gottshall, 512 U.S. 532 (1994).
Two plaintiffs brought FELA claims for negligent infliction of emotional distress. The court relied on FELA law and common-law doctrines to evaluate the claims. Although FELA statutes don’t expressly mention negligent infliction of emotional distress, the court recognized the possibility, adopting a zone of danger test.
Urie v. Thompson, 337 U.S. 163 (1949).
Occupational illnesses are covered by FELA. The claim was based on a locomotive fireman contracting silicosis because of inadequate safety precautions on locomotives. The plaintiff cited a statute regarding boiler inspection to make his case. A contested issue was the statute of limitations. The court said that the three-year statute of limitations began to run when the worker became incapacitated.
Metz v. CSX Transportation Corp, et all., 2022-Ohio-3503 (L-21-1255).
The plaintiff made a claim for numerous respiratory illnesses. The employer said that the worker should have known his long-term medical problems could be work-related. The court dismissed the case, saying that the statute of limitations had expired.
Rogers v. Missouri Pac. R. Co., 352 U.S. 500 (1957).
The plaintiff fell while working beside a railroad track. The employer appealed, saying that the evidence did not support a finding of responsibility. The court affirmed the verdict, saying that the standard is whether employer negligence played any part in the employee’s injury, even if the negligence is slight.
Mattingly v. R.J. Corman Railroad Group, LLC, 22-5794 (6th Cir. 2024).
The plaintiff was repairing a bridge when he was injured. He brought a FELA lawsuit. The lower court dismissed the case, saying that the employer was not a common carrier as defined by 45 U.S.C. § 57. The appeals court agreed.