FAQ

Frequently, the railroad tries to blame the employee for his/her own injury. However, even if your actions contributed to causing your injury you may still be able to win a FELA claim against the railroad, but your recovery will be reduced by the percentage of your own negligence. Thus, if you are awarded $300,000 but your negligence was 1/3 of the cause of your injury, you would have your award reduced by 1/3 to $200,000. However, if your injuries were caused by the railroad’s violation of the Federal Safety Appliance Act or the Locomotive Inspection Act, the verdict will not be reduced.

Under FELA you have three years to file a lawsuit from the date you are injured. With respect to occupational disease claims, the three-year period begins to run when you knew or should have known that you were injured and that your injury might be related to the employment.

Lost wages can be placed into two separate categories. Past lost wages are determined by multiplying the amount of time you missed from work by the amount of your salary at the time of your injury. Future lost wages are calculated by the amount of your salary multiplied by the number of years you would have worked had you not been injured. This amount is then reduced to present value. If you accept wage continuation from the railroad, you cannot claim that amount as lost wages.

Under FELA, it is not necessary that you be on the railroad property at the time of your injury. The only requirement is that you were injured while performing an activity in furtherance of the railroad’s interstate business. Therefore, employees deadheading or otherwise traveling on behalf of the railroad are covered by FELA. Also, if the railroad puts you up in a hotel for a layover and you are injured, you are still covered by FELA if you can prove that the railroad or its agent was negligent.

Medical bills resulting from your injury are paid through your medical insurance policy.

If you are injured, your spouse may not make any additional claim. However, if an employee dies as a result of their injury, the personal representative may recover damages for the benefit of the surviving spouse and children.

In most cases, if an employee has several cases pending against the railroad, settling one does not necessarily release the railroad from the other pending cases. Beware, however, that railroad claims agents have increasingly been including a checklist of other potential claims in their releases. Even if you have agreed to only settle one claim, you may be signing away your rights to other future claims if you sign a standard railroad release!

The railroad has the right to test employees for drug use. Do not refuse to take the drug test. If you do so, you risk being terminated. If you are injured on the job, in certain circumstances the railroad can test for alcohol. If you refuse to submit to this test, you may be disqualified from service or even terminated.

It is not required that you have an attorney in order to proceed with a FELA case. However, FELA cases often involve complicated issues not found in ordinary personal injury matters and an experienced FELA attorney can be of great assistance. An attorney experienced with FELA litigation will advise you how to protect your rights and help you deal with the railroad claims agent and their lawyers. Your FELA attorney will evaluate your case based on the nature and extent of your injuries, time lost from work, negligence of the railroad and contributory negligence of the employee. As a result, injured workers who are represented by legal counsel usually will obtain better results than those who are not.

Long-term exposure to smoke fumes and dust in the workplace can result in serious health problems such as asbestos related lung disease, occupational pneumoconiosis, and other pulmonary problems or cancers. Exposure to vibration, high force, and repetitious activities may cause carpal tunnel syndrome or osteoarthritis of the knees, ankles or hips. Occupational diseases are progressive and you may be at risk, even if you have previously tested negative for these diseases. We have extensive experience representing railroad employees, both retired and active, with these disorders from their railroad work.

By law, all liens of the Railroad Retirement Board or any supplemental disability benefits must be paid back from any settlement or judgment you receive in your case. If you do not receive a settlement or judgment, the amount of the liens do not have to be paid back.

The FELA permits lawsuits to be filed against the railroad in any federal or state court in a state where the railroad does business. An injured worker is entitled to a jury trial.

If an injured worker can show some fault or negligence on the part of the railroad, the worker may recover damages for the past and future pain and suffering, permanent injury, emotional distress, medical expenses not paid by insurance or the railroad, and past and future lost wages.

Can my case be re-opened after a settlement of judgment, if my condition worsens? FELA is not like a workers’ compensation statute. Once your case has been settled or you have been awarded a judgment, you may not re-open your case at a later date, even if your condition gets worse.

An employee must show that he or she was performing work for the railroad at the time of the injury and that the injury was the result of some negligence on the part of the railroad. In other words, the employee must prove that the railroad did not provide the employee with a safe place to work. Thus, it is important to remember that FELA is not like a traditional workers’ compensation case. There is no guarantee that you will receive benefits just because you were injured on the job. We must prove some degree of negligence on the part of the railroad.