Navigating the FELA Claims Process

In 2023, 138,792 people were working in the railroad industry. For these workers, safety is the most important part of their job.

Passed in 1908, the Federal Employers’ Liability Act (FELA) plays an important role in railroad worker safety, allowing railway workers to claim compensation and benefits when they’re hurt on the job. There are important key differences between FELA injury claims and state workers’ compensation claims. FELA has different requirements, but more types of compensation are available.

FELA can be a welcome relief for injured workers, but they must navigate the FELA claims process effectively.

Attorney Daren Sarphie of Sarphie Law explains what you need to know about the FELA claims process.

Introduction to the FELA Claims Process

When you are injured on the job, there are important steps to take to protect your health and a possible FELA claim:

Get emergency medical attention for any injury.
Tell your employer about the injury.
Investigate and build your case.
Negotiate a settlement or file your claim in court.

While there is more to it, that’s a broad introduction to the FELA claims process. Like state workers’ compensation claims, the first steps following an injury are to get medical attention and notify the employer of the injury. You will probably complete a short accident report with the employer.

From there, FELA is different from workers’ compensation claims. You won’t have an administrative hearing about medical benefits or a disability rating.

Instead, you must investigate and determine the value of your case. You either negotiate your compensation directly with the railroad or you file your case in court.

For the injured worker, there’s more to do than in a state workers’ compensation case. You must prove that your injuries were caused by employer negligence, in whole or in part, and damages, which you must also prove, may vary.

Initial Steps After a Railroad Injury

Taking the right steps initially after a railroad injury can mean getting more compensation and getting it faster.

The first concern after a railroad injury is the well-being of the injured worker. They should seek emergency medical attention if necessary but should always be seen promptly in any case. Not only does medical attention help you begin to heal, but the evidence gathered can also be important for your case. You may go to the doctor of your choice.

Notify your employer of the accident as soon as possible through your immediate supervisor or human resources. It’s best to follow up with an email if they don’t complete an accident report right away. In the workplace injury report, be accurate, keep the report brief, and identify the body parts that may be injured. Don’t be apologetic or admit blame.

Once you’ve done the basic tasks of getting initial medical care and reporting the injury, you must gather evidence for your FELA claim.

Gathering Evidence for Your FELA Claim

Building evidence for your FELA claim covers several categories:

Negligence or statutory violation

You must prove that the railroad acted negligently. This means investigating what immediate and underlying factors contributed to the accident. As an alternative to negligence, you may show that the railroad violated a safety law or regulation. Of course, the railroad has lawyers whose job it is to deny claims so a significant and thorough investigation to determine what happened and identify contributing factors is important.

Injury

You need evidence of work-related injuries. You must explain what body parts are injured, the extent of injury, and any needed treatment. It can be tempting to resolve a case too soon, without fully knowing the extent of injuries. Don’t make that mistake. The amount of evidence needed depends on the severity of the injury.

Damages

Evidence must support each type of damages that you are claiming, including medical bills, pain and suffering, disability, lost income, and out-of-pocket expenses. You may need pay statements, employer records, medical evaluations, and testimony from others. To prove your damages, you must know what types of FELA compensation are available and how to value your losses.

Filing the FELA Claim

Filing a FELA claim means filing a petition or complaint. While you may file the case in state or federal court, it may not be best to start with a formal legal filing. Depending on the severity of injuries and the clarity of fault, you may pursue negotiations with the employer. Sarphie Law can help you determine how to best proceed in your case.

If you start with negotiations with the employer, your attorney may write a demand letter or contact the employer for discussions. You have only three years to formally file a FELA claim.Evidence can be quickly lost in the days and weeks following an accident so getting started as soon as possible is advised. With legal help, you can navigate direct discussions and the benefits of filing a claim in court.

Negotiating a Settlement or Proceeding to Trial

Most legal claims are settled before trial. That’s true for FELA claims too. However, a settlement is only good for the victim if it fairly reflects the compensation they are due. Negotiating a settlement doesn’t mean accepting the first offer; it means navigating the FELA claims process.

Your attorney may discuss the case directly, or you may participate in guided mediation.

Sometimes, the railroad company doesn’t offer a fair settlement, and you may proceed to trial.

As the injured worker, you’re the plaintiff and have the burden of proof. In pretrial litigation, there are opportunities to continue to build evidence through discovery. You must prepare evidence and arguments to present in court. The defense can reply with evidence, arguments and cross-examination. There are court rules governing legal procedure and the presentation of evidence so having an experienced attorney can be vital to the success of your claim.

Contact an Experienced FELA Claims Lawyer Today

Navigating the FELA claims process can be important to get the compensation you deserve.

Sarphie Law is an experienced FELA claims lawyer representing injured railway workers in FELA claims. Don’t get pushed around by your employer after a railroad injury. Work with an experienced attorney who knows the law and fights for you.