More than 3,000 railroad employees are hurt each year in the United States. For these employees, injury claims fall under the Federal Employers Liability Act (FELA).
FELA is unlike any other injury claim law and applies only to railroad workers. To receive compensation, the injured worker must file their claim correctly.
Attorney Daren Sarphie of Sarphie Law offers guidance for filing a FELA claim.
Introduction To Filing a FELA Claim
- A FELA claim is a way for an injured railroad worker to get compensation.
- There is no official FELA claim form.
- There is no state or federal administrative office that accepts and governs FELA claims like there is for state workers’ compensation.
- A claim begins informally, with the worker notifying the employer of the injury.
- Negotiations may take place informally.
- Many claims are completely settled without a case being filed in court.
- Claims may be filed in federal or state court.
While filing a FELA claim is the process to start the claim, you don’t have to have the entire case prepared when you file it. Officially, FELA claims begin when the plaintiff files a complaint in court. They submit the documents to start a legal case as the plaintiff seeking compensation.
Even if there are informal discussions, a case hasn’t really begun until it has been filed in court.
Eligibility for Filing a FELA Claim
A person is eligible to file a FELA claim if:
- They work for a common carrier as defined by 45 U.S. Code § 57.
- An injury occurs in employment.
- Negligence or a safety violation is a cause of the injury.
- They have incurred damages, such as medical bills, lost income, disability, and pain and suffering.
- It has been less than three years since the injury occurred or since they were aware of the injury.
Steps To Prepare for Filing a Claim
To prepare for filing a FELA claim, follow these steps:
- Seek emergency medical attention. You can go to any medical care provider that you choose. Your employer can’t tell you not to go, nor can they tell you whom to see.
- Tell your employer. Let your employer know that you are hurt. Complete an accident report, but don’t admit fault. You don’t need to provide extensive details at this stage.
- Preserve evidence. Do what you can to preserve evidence. Save clothing and personal protective equipment that was involved. Get a union representative or coworker to take photos and observe the scene.
Note: When it comes to preserving evidence, the sooner you involve an attorney, the better. Your attorney can take steps to prevent the employer from spoiling any evidence. The employer doesn’t want to pay, and they may conveniently make changes at the accident scene or allow a video to be recorded over. Your attorney can take steps to prevent these things from happening or increase the chances of consequences against the railroad for bad-faith behavior.
- Investigate. As the injured worker, you must prove employer negligence. It can take diligent investigation to determine what happened, so you need an attorney who is familiar with the laws and regulations of the railway industry. You may need to interview witnesses and gather information. This investigation can form the basis for your FELA claim.
- Evaluate. Damages under FELA are relatively exhaustive as compared to workers’ compensation systems. You’re not limited to a percentage of your lost income—you may receive 100%. Damages can quickly add up if you have a serious or lasting injury. You should consider medical bills, including what you may need in the future. Pain and suffering and permanent disability are other types of losses deserving of compensation under FELA.
- Prepare a complaint and other court filings. You must prepare documents to file your case. There are court rules for how to prepare a complaint and what must be included. A complaint summarizes the basic facts. It cites FELA, identifies the employer as the common carrier by railroad, and states that negligence or a statutory violation was a cause of the victim’s injury. The complaint states that there are damages and asks for monetary relief.
Even though many claims are resolved without a formal court filing, there is still important work to do. The steps to take before filing a FELA claim are important, even if you are open to settling the case through negotiations.
Filing the Claim: Step-by-Step Guide
Filing a FELA claim begins with submitting a petition or complaint to the court where you are filing the case. You’ll need to check local court procedures—many have online filing systems.
They may have local court rules for how many copies, cover sheets, and filing fees. When you file your case, the court clerk accepts it and issues copies for service of process. The next step is to see that the defendant is served according to court rule.
FELA is a federal law that applies throughout the United States. However, rulings in the case will depend on the law and procedure where the case is heard. An experienced FELA attorney can identify the issues that may be critical in your case to determine where to file.
Once the defendant is served, the case proceeds to preliminary proceedings.
What Happens Next?
Once a case is filed, the defendant files responsive pleadings. Discovery may begin—depositions, requesting documents, and asking the defense to admit facts. The court will schedule preliminary hearings and create a timeline.
Filing a FELA claim is just the beginning, and you do have the right to a trial. How you file and build the case will play a large part in the compensation that you receive. FELA claims are complex. With large awards in many FELA cases, you can expect the employer to do whatever they can to deny your claim. An experienced lawyer can represent your interests.
Contact an Experienced FELA Claims Lawyer Today
Sarphie Law represents injured workers in FELA claims, guiding our clients and advocating for their interests. See what your case may be worth and get legal help now. Contact us for your free consultation about filing a FELA claim.