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Practice Areas

FELA Cases

College Station Railroad Injury Lawyers

As a Union Designated law firm we focus on helping injured railroad workers and FELA cases. We do a have broad experience of handling other types of transportation injury cases, including railroad crossing accidents. If you or a loved one was hurt at a railroad crossing, we maybe able to help you as well.

The Transportation Research Board of the National Research Council did a comprehensive study of FELA and compensation received by injured railroad workers. It found that workers who hired an attorney received far more compensation than those that did not hire an attorney.

FELA - An Overview

FELA is a federal law giving railroad employees and their families the right to sue the railroad employers for compensation or, the more legal term, damages, when the worker is injured or killed on the job. The Federal Employers' Liability Act (FELA) created a cause of action for damages for injuries or death caused by the negligence of a common carrier by railroad engaging in interstate or foreign commerce.

It supersedes common law and state laws that cover the liability of railroads for injuries to employees who work in interstate commerce. If you are a railroad employee who was injured on the job or if a family member died while working for a common carrier by railroad, you may have a claim for damages under FELA.

Why FELA?

At the beginning of the last century 1 in every 8 train workers was injured on the job, and 1 in every 125 was killed. The average life expectancy of a switchmen after starting work was 7 years! In recognition of the dangers involved with working in the railroad industry, the US Congress enacted FELA in 1908.

Congress recognized how dangerous it is when working around railroad equipment. Congress wanted to the railroads to make the work place safer. The FELA provisions make it easier to prove liability than in ordinary accident cases such as auto accidents. If the railroad violated a safety statute or regulation, FELA reduces the burden of proof for ordinary negligence.

A FELA case can be filed in state or federal court. If you choose to file it in state court, the defense cannot remove it to federal court. You want to make sure your attorney is licensed and admitted to practice in both state and federal court.

Who is covered under FELA?

FELA applies to all reasonably foreseeable injuries due to a railroad's negligence.

To establish a claim under FELA, the plaintiff must show that an injury occurred while he or she was working within the scope of his or her employment with a railroad; the plaintiff's employment furthered the railroad's interstate transportation business; the railroad was negligent; and the railroad's negligence in some way caused the plaintiff's injury.

Employees who are injured while performing activities that are outside the scope of their duties cannot hold a railroad liable under FELA.

A FELA plaintiff must only establish that the defendant railroad was negligent and that this negligence played some role, no matter how small, in causing the plaintiff's injuries.

Railroad’s Duty

Federal Employers' Liability Act established a duty for railroads to provide employees with a reasonably safe workplace. This duty is non-delegable, the railroad cannot shift responsibility.

Negligence is rarely a clear issue. More often than not, one has to consider the various standards of duty the railroads have to their employees for their safety, and which of those standards of duty may have been breached in causing the employee to be injured.

Negligence can be found when a rule or law has been broken, or when the railroad to meet a reasonable standard of care. Breaking a rule or law might include violating the Federal Railroad Safety Authorization Act, or an Occupational Safety and Health Administration (OSHA) regulation.

The standards of duty the railroads have to their employees are many in number. To name some of the many, the railroads must:

Provide a reasonably safe place to work, it is free from unsafe conditions;
Warn of unsafe conditions and hazards;
Exercise reasonable care for the safety of its employees;
Provide reasonably safe tools and equipment, as well as safety devices;
Select proper and safe methods to do the work;
Furnish enough help to get the work done safely;
Inspect the workplace for safety hazards;
Adopt and enforce safety rules and practices;
Provide adequate training and education;
Provide adequate supervision;
Duty to fix unsafe conditions; and
Duty to assign task to workers within their capabilities.

What Damages are Available Under FELA?

What a case is worth depends on a large number of variables. There are certain damages that are recoverable by law. The amount that can be recovered for each element varies case to case. The damages that are recoverable under FELA are:

Loss of earnings, past and future. This includes lost wages and the capacity to earn a wage. Perhaps the injury caused you to miss 4 months of work. That would be a lost wage in the past. But, an injury may limit what you can do in the future, which could limit how much you can earn in the future.
Reasonable and necessary Medical Expenses. This includes both past and future medical expenses.
Pain & Suffering.
Mental Anguish
Physical Impairment.
Loss of companionship and society

Value of Your Case

The value of your case depends on all of the above damages, and also includes among other factors:

The type of the injury,
The seriousness of the injury,
The limitations the injury puts on you in the future,
Doctor’s testimony, and other experts testimony,
Do you have a lawyer?

So you see why the railroads will try to discourage injured workers from hiring an attorney. An injured employee has an absolute right to pursue an action against the railroad and engage the services of an attorney in doing so. If the railroad or its agents threaten you, you may have a whole new cause of action. We can help with that as well.

FELA - I was hurt on the Job, Now What?

The moments right after the employee is injured are very important. You need to focus on getting proper medical attention and protecting your rights. Here is a list of things to think about:

See the doctor of your choice — The most important thing to do after the accident is to seek medical treatment for your injuries. The doctor you can trust the most is probably the one you hire. Not the one hired by the railroad.

If you are injured on the job, your employer will most likely arrange for medical treatment, especially in emergency situations in which an ambulance is called and you are taken to the hospital. Even if you feel that your injuries are not that serious, it is still essential that a doctor examine you.

You do not need to see a company doctor.

If you are seen by a nurse or other medical practitioner at work, it is important to also see your own doctor for an evaluation. Be sure to talk to your doctor about any pain or difficulties you have experienced since the accident. This is not the time to be a tough guy. If you can, get and keep a copy of all of these records, treatment records and bills.

I would describe to the doctor as best you can what happened when you were injured. Hopefully she or he will document it accurately. Also, include your related medical history. Leaving it out could hurt your case.
See your union — Report the injury immediately to your local Union officers, and get their help. At the appropriate time, collect all benefits under union agreements and federal laws. There may be sick leave, lost wage, and health insurance benefits available to help you. Take advantage of these. You paid for them. Your Union will also be able to help you in putting the railroad on notice of your claim. Your Union will also be able to help protect your job when you are ready to come back to work. Do not participate in a railroad investigation without union representation.
Report your injuries — If required, and when you are able, report the injury to your supervisor at work and complete an injury report form. Make sure you are in a good state of mind and can think as clearly as possible when filling out your form. If possible talk to your Union representative first. It is important to be as thorough and accurate as possible when reporting information about your injuries, including the pain you are experiencing and all possible causes and factors that may have contributed to the accident. This document will most likely come into play later in the claim process. It may be that some injuries don’t reveal themselves for a few days, or longer. You may need to supplement your forms.
See your own lawyer.It is important to contact a lawyer experienced in railroad personal injury cases. It is important to hire an attorney that has been designated by your Union. It is important to hire an attorney that is Board Certified in Personal Injury Trial Law, and has the ability and resources to take your case the distance.

Do not give a statement to a railroad claims agent, unless required by book of rules or union contract. The statements are generally recorded, and the claims agent may seem nice, but they are trained and very good at minimizing your recovery. Your local union officers will tell you if this is required or not.

Remember:

- the railroad is not going to spend anymore than they have to.

-the railroad is going to look for reasons to blame you for your injuries.

-the railroad will try to get you to take less than you should, and keep you from hiring an attorney. Why?

-because injured workers who hire an attorney get more for their injuries.
Talk to your family — What I mean here is, before you get hurt, talk with your closest family member about what to do if you get seriously injured and cannot communicate, or worst case, you are dead. Let them know to call Hank, or Tom, or Bob, whoever you trust most on the job. Perhaps it is you Union Rep. Sometimes the railroads have approached grieving spouses and family members and settled cases for far less than they are worth. Remember this settlement may need to support your family for the next 50 years.

It is important to talk with family afterwards as well. This is going to be your support group. You will need them for rides to the doctor, and other things. Discussing your injury and the ramifications early on, will reduce some of the stress.
Document, Document, Document — Write down what happened when you were hurt, how you were hurt, witnesses. Have you reported a problem that led to this injury before? To whom? If possible begin getting phone numbers and addresses of witnesses. Have someone take pictures of the yard, or where you were hurt, and of the equipment you were hurt with. Write down how this injury has effected your life. How much work have you missed? Make a list of witnesses that can describe how you are not the same as before the injury. You need to be gathering evidence, not only of how you were hurt, but also of how this injury has effected your life.

FELA- How much time do I have?

You should get in touch with an attorney immediately. The railroads are gathering information and evidence to defeat or reduce your claim right after you are hurt. They have control of the equipment and sometimes it is hard to find if the lawyer is hired a year or more after the injury. You need to hire an attorney early to give you your best chance at winning.

FELA allows lawsuits to be brought up to three (3) years from the date of injury. Sometimes this can be longer if the injury was not discoverable immediately. This is longer than most states. In Texas the statute of limitations is generally 2 years, and Louisiana it is only 1 for non FELA cases!

Let me once again emphasize the need to act quickly. FELA cases can be expensive to litigate. Many experts are generally hired. If you wait until a week or so before the 3 years expires you are hurting yourself in a couple of ways. One, you have let the railroad control and manipulate all the evidence without any oversight, and two, you may have difficulty finding a good law firm that is going to be willing to take on the expense of the case, without having anytime to investigate it.

FELA Defense

I know you may not want to hear anything negative, but there are some things that may hurt the value of your case. You can bet the railroad is going to do whatever they can to defend against your case. The railroad may assert one or more of the following defenses:

Assert you were hurt before and have pre-existing injuries. If you were hurt before, that does not mean the railroad is off the hook. Aggravating a pre-exisiting injury is still compensable. Putting you in a job that you can’t do because of a physical limitation is negligence on the railroad’s part.
Contend that your negligence led to your injuries. Even if you were partially negligent, don’t let the railroad avoid their share of responsibility.
The three year statute of limitations for bringing a claim has run out. It’s sad, but we get a call about once a month where someone has a very serious injury, and there is nothing we can do because the person waited too long. Sometimes they were strung along by the claims representative, and thought they were going to get it worked out. Remember, hire a FELA attorney as soon as you can.
You have released your claim. This is another reason not to sign anything without getting advice from your Union representative or lawyer.

Another thing to remember, along with what I mentioned above, is that there are different statutes of limitation. It may be you were hurt by a 3^rd party while working for the railroad. Perhaps a defective product, dangerous chemical, or an 18-wheeler hit you while working for the railroad. You still have a FELA claim, but you may also have a claim against the other party as well. That time period to file a claim against them is probably shorter. Perhaps as short as one year!

FELA Resource Links

Federal Railroad Administration
From the US Department of Transportation, this site includes information on railroad development, safety and legislation.

National Transportation Safety Board
A government agency that is concerned with transportation safety issues and investigating the causes of railroad, aviation, marine and pipeline accidents.

National Labor Relations Board
An independent federal agency concerned with representation, investigation and remedies for unfair labor practices by employers and unions.

Association of American Railroads
A trade association for the railroad industry in the US. This site contains information presented from an industry perspective.

US Department of Labor
The Department of Labor administers a variety of federal labor laws and helps workers and retired persons by improving working conditions and protecting retirement and health care benefits, among other things.

Frequently Asked Questions – FELA

Q: I was hurt on the job, and I am a railroad worker. Can I recover for injuries from my employer?

A:If you were injured while working within your scope of employment for the railroad, you may be able to recover under FELA. Other factors include was the railroad negligent, did that negligence cause your injury, and is the railroad engaged in the interstate transportation business (across state lines).

Q: What is FELA?

A:FELA stands for the Federal Employers' Liability Act. FELA is the law concerning workplace safety for employees. Though the law sounds broad, it is focused on railroad workers. It forces railroad that are engaged in interstate commerce to provide employees with reasonably safe workplaces, tools and equipment.

Q: The railroad says I signed a document limiting my right to sue . Can I still file a FELA claim?

A:Yes. The Federal Employers' Liability Act expressly provides that the railroads cannot get around FELA, and said agreement is invalid.

Q: Who can bring a claim under FELA?

A: Railroad workers and their family members can bring claims under FELA. Claims can range from the worker bringing a claim for a short term injury, to surviving children and spouses bringing a claim for the death of their family member.

Q: The railroad I work for violated several federal safety regulations. Does this affect my FELA claim?

A: If a railroad is found to have violated federal workplace safety regulations such as standards established by the Occupational Safety and Health Administration (OSHA), it will be much easier for an injured railroad worker and his attorney to prove their case. The injured worker will only need to establish that his or her injury was caused by the railroad's violation of the safety regulation.

Q: What is ADR?

A: Alternative dispute resolution (ADR) refers to resolving the case without trial trial. Sometimes this means mediation, or arbitration. But there are other forms of ADR. It is probably best to talk to your attorney about all the different types of ADR.

Q: Do I have to give a recorded statement?

A: Probably Not. You may have to give a written statement. It is always best to check with your Union Representative as soon as possible, to determine the requirements for your particular railroad.

The Texas injury lawyers at Jones Law Firm, P.C., handle all types of personal injury, FELA, and Jones Act cases in Bryan, College Station, Houston, and throughout the state of Texas. Call Jones Law Firm, P.C., at (979) 823-7300 or fill out a free case consultation form to have your case reviewed by an experienced Bryan, TX injury attorney today.