With the railroad industry booming in the United States in the early 1900s, worker safety was a serious problem. In 1900, one in every 28 railroad workers was injured on the job. One in every 399 workers was killed.
The problem of railroad worker safety continues today. The Bureau of Transportation Statistics reports that there were 3,435 railroad workers injured on the job in 2023, with 10 fatalities. From 2018-2023, between 3,000 and 4,000 workers were injured on the job each year.
FELA and Workers’ Rights
In the early 1990s, lawmakers wanted to incentivize the railroads to improve worker safety. They also wanted to give injured workers legal rights, financial compensation, and justice. Lawmakers passed the Federal Employers Liability Act, 45 U.S.C. § 51, et. seq. (1908).
The law protects and compensates railroad workers who are injured on the job and creates legal liability for railroad companies who act negligently, resulting in injury or death of a worker.
Attorney who protects your rights under FELA – Daren Sarphie
Attorney Daren Sarphie protects the rights of workers under FELA. You may bring a negligence claim for economic and non-economic compensation. Sarphie Law can represent you.
Workers’ Rights Under FELA
If you are a railroad worker who is hurt on the job, your rights include:
- Bringing a legal claim in federal or state court
- Compensation based on negligence, a statutory violation, or a regulatory violation
- No contributory negligence if the employer violated a statute enacted for the safety of employees
- Compensation without regard for assumption of the risk if the injury is because of railroad negligence or violation of a safety statute
- Three years to bring a claim for compensation
- Survivor benefits for children, husband or wife, and potentially other family members if a death occurs on the job
- Protection from retaliation for cooperating with a claim
FELA gives injured railroad workers rights that most workers don’t have under state workers’ compensation laws. You may hold the employer accountable for negligence and may claim pain and suffering and other compensation that is usually not available in state workers’ compensation claims.
Protecting your rights under FELA means knowing when you may make a claim, what to claim, and how to bring your case. Sarphie Law represents injured workers and their families in FELA claims.
Steps To Take After a Railroad Injury
After a railroad injury, take these steps:
- Move to a place of immediate safety to prevent additional harm
- Seek emergency medical attention—you may go to the doctor of your choice
- Notify your supervisor of the injury
- Ask for assistance from a union representative
- Document the accident scene with photographs
- Identify witnesses, including coworkers and non-employee witnesses
- Continue to receive medical care
- Get a doctor’s note for work, if you will miss work
- Begin keeping a record of treatment, lost work, expenses, and losses
The doctor might assume that you are there for workers’ compensation treatment, as many doctors don’t know what FELA is. You may need to explain that you’re a railroad worker and that the laws are different.
Don’t let your bosses or representatives of the railroad discourage you. They might tell you your situation doesn’t qualify to report the injury. They may discourage you from getting medical attention. They may downplay the injury or tell you that it was your fault. Don’t listen! You have important rights!
Documenting Your Injury and Treatment
Documenting your injury and treatment protects your rights under FELA. Your injuries establish the basis of your economic and non-economic losses. Documentation may show causation between the incident and your physical harm.
Medical care is important to understand the nature and prognosis of your injuries. Treatment shows that you are doing all you can to heal.
Keep a log of medical appointments with notes about what happened at each appointment. Your attorney can guide you through keeping a journal of pain and ways that your injuries have interfered with life activities.
Can I go to my own doctor for treatment under FELA?
You have the right to choose your own doctor for treatment under FELA. The railroad can require you to have an examination from a medical professional of your choice. However, this doesn’t have to be the person who treats you. You may choose a professional that you are comfortable with and one who does not have a conflict of interest.
Working with Legal Counsel
Legal counsel can help you receive the compensation that you deserve when you need your rights protected under FELA. A lawyer can help you:
- Build your case
- Navigate the complex legal process
- Take on the large railroad company and its teams of lawyers
FELA is a unique law that applies to workers in a specific industry. At Sarphie, we thoroughly understand FELA and fight for the rights of injured workers.
Navigating the FELA Claims Process
It may be tempting to try to work directly with the employer after an injury in the railroad industry. They are supposed to care about their workers. But the truth is, they make their profits when they deny and minimize claims. Navigating the FELA claims process begins as soon as the injury occurs. The employer becomes an adversary, with an incentive to minimize liability and even blame the injured worker.
The claims process requires determining what you can claim and supporting the claim with evidence. It means preparing the summons and complaint, complying with service of process requirements, and following legal procedure. Sarphie Law creates a personalized legal strategy for each person that we represent. We navigate the process, handling legal filings and court appearances. We also create your legal strategy, negotiate your compensation, and answer questions throughout the case.
Appealing a Denied FELA Claim
If your FELA claim is denied, you may appeal. The best time to contact an attorney is as soon as possible. Don’t hesitate to contact us to get legal help.
Contact Sarphie Law Today
Are you wondering about protecting your rights under FELA? Have you been hurt working in the railroad industry? At Sarphie Law, we protect the rights of injured workers under FELA. Contact us for a consultation and get legal help now.