FELA & Railroad Injury Claims: FAQ's
What should I do if I am injured?
The steps you take after an injury are critical to how valuable your claim will be and the type of damages you will be entitled to. It is important that you know your legal rights.
- Immediately report your injury.
- Complete an accident report detailing the negligence and any defective equipment.
- Seek medical attention from your own doctor.
- Make a note of all witnesses to the accident and write down their names, addresses and telephone numbers.
- If possible, take photos of the accident scene.
- Call the Law Offices of Cappelli Mustin at (800) 974-9444 as soon as possible for guidance regarding your claim.
Where should I seek medical attention?
Obtain the best medical care you can through your own doctors. You are not required to receive treatment from doctors suggested by the railroad.
Do I have a right to confidentiality with my doctor?
Yes, however some doctors may not be aware of this provision in the FELA. You should inform your doctor that unlike workers’ compensation cases, they are not required to share any information about your case with your employer.
Should I make any other statements in addition to the Personal Injury Report?
No. You are not required to make any statements other than the Accident Report. It is important to consult with an experienced FELA lawyer before making any statements.
What if I am coerced or intimidated from reporting my injury?
This kind of activity is illegal. You should report it to your attorney. If there are witnesses, be sure to write down their names and contact information.
How long do I have to file my FELA claim for my injuries?
With some exceptions for occupational diseases, you have three (3) years to file a lawsuit. Please consult a lawyer to best determine the statute of limitations as it applies to your case.
Does the FELA cover occupational illness, cumulative trauma, or repetitive stress injuries?
Yes, however with these types of injuries it is very important to have a knowledge and understanding of the statutes of limitations. In short, the three year statute of limitation begins when the employee knew, or reasonably should have known, that they suffered from an injury related to their work.
How do I choose a lawyer?
Choosing the right lawyer can make all the difference in successful claims. It is important to choose a lawyer who knows the FELA and has the experience and resources to bring your claim to trial. The following questions should be helpful in making your decision.
- Does the firm have a reputation as tough advocates for their clients?
- How long has the firm been helping workers in FELA cases?
- Has the firm won multiple million-dollar verdicts and settlements?
- Is the law firm well respected and do they have a reputation for compassion and respect toward their clients?
Can I be fired for bringing a claim for my injuries?
No. The railroad cannot take any action to prevent you from reporting your injury or making a claim under the FELA. Please report any such actions or harassment to your attorney immediately.
What if I am partially at fault for my injury?
The FELA has a provision called “contributory negligence” which means that the railroad is liable even if they are only 1% responsible for the injury. If the case goes to trial, a jury will decide the percentage of liability for the employee and the percentage for the railroad. The award is paid out according to those percentages. If a jury awards $1,000,000 and they determine that you are 20% responsible for your own injury, then $200,000 will be deducted from your award leaving you with a gross award of $800,000.00.
What am I entitled to under the FELA?
If you are injured, you are entitled to recover compensatory damages. These damages include past and future wage loss, medical expenses and past and future pain and suffering.