How A FELA Claim May Affect Your Current Federal Railroad Job

The Federal Employers Liability Act (FELA) of 1908 provided protections for workers in the very dangerous railroad industry that had not previously existed.  With the growth of the industry at the turn of the century, railroad worker accidents increased accordingly, yet many had no appropriate recourse to recover damages for their injuries.  FELA changed that by establishing a procedure by which victims of railroad worker accidents became eligible to contact FELA attorneys to file FELA lawsuits against the railroad, equipment manufacturers, or other employees whose negligence in some way caused the injuries from railroad worker accidents. 

While FELA provides powerful protections for victims of railroad worker accidents, it can put a railroad employee in an awkward situation.  Once railroad worker accidents occur and there are injuries that may result in that injured victim of railroad worker accidents contacting a FELA attorney, the railroad company and the employee can become potential opponents in a FELA lawsuit.  There are government protections in place under the Occupational Safety and Health Organization (OSHA), which give employees the right to be free of any discrimination or retaliation because of safety complaints, but it can be very difficult to prove such retaliation.  It is vitally important that a victims of railroad worker accidents with a FELA lawsuit pending consult their FELA attorney for guidelines about how to avoid any such discrimination or, if discrimination for filing FELA lawsuits seems to be occurring, how that employee should address it. 

Staying on Track
When a victim of railroad worker accidents has been injured on the job, found evidence that their employer is liable for that injury, retains a FELA attorney to help them file a lawsuit to obtain compensation, but returns to work while the case is pending, they need to make sure they follow all the steps outlined in the FELA regulations and the instructions of their attorney carefully.  In addition, they should keep a written record of every conversation, medical examination or report, and any legal documents they have received in conjunction with that FELA lawsuit.  Staying in constant touch with their attorney while their suit over railroad worker accidents is pending is crucial, as well.  They also have the right to confirm every doctor’s examination or report with a second opinion by their own doctor to ensure their attorney has complete information about what is taking place in relation to their claim.

Most railroad companies are well aware of FELA and OSHA Regulations and should be careful not to violate them while a victim of railroad worker accidents and their lawyer are still pursuing a FELA lawsuit.  However, any time victims of railroad worker accidents who are in the midst of a FELA lawsuit suspects their rights are not being protected, they should immediately talk with their FELA attorney to find out what to do next.

Pursuing FELA Lawsuits
In the meantime, while a lawsuit is pending, it is important for victims of railroad worker accidents to stay in regular contact with the legal tam handling your claim.  FELA attorneys are essential in guiding victims of railroad worker accidents through their claimand avoiding the pitfalls of continuing to be employed by the railroad company they are charging with liability in their railwork worker injury lawsuit. 

• Continue to keep track of all expenses relating to injuries resulting from railroad worker accidents, including medical expenses and lost work time.
• Continue to report to their FELA attorney and keep a written record of all legal contacts relating to their railroad injury lawsuit.
• Continue to cooperate with their FELA attorney in gathering evidence, locating witnesses, and signing off on all of their efforts to pursue the FELA lawsuit over their railroad worker accidents.

Leave it to the Expert
While a FELA or railroad worker injury lawsuit is pending, it is important for victims of railroad worker accidents to remember to leave the details of that railroad work injury lawsuit to their expert FELA attorney who knows how to handle it appropriately.  Victims of railroad worker accidents should have chosen their FELA attorney carefully to represent them in their FELA lawsuit.  Their attorney is the skilled investigator and the victim of railroad worker accidents is not.   It is important for the victim of railroad worker accidents to avoid controversy at work, do their job to the best of their ability, and count on their FELA attorney to bring about the appropriate conclusion to their claim.