A railroad conductor was injured when a locomotive lurched during coupling operations at a rail yard. He filed a workers’ compensation claim the way he had been told to handle workplace injuries. Two months later, his claim was denied on procedural grounds he did not understand and could not afford to fight without help.
He did not know that railroad workers are not covered by standard workers’ compensation law. He did not know he had rights under a different federal statute with different rules, different deadlines, and a higher potential for full compensation. He did not know that the railroad company’s legal team had been building their defense from the day the incident was reported.
What you do not know in the first weeks after a railroad injury can cost you everything.
What FELA Is and Why It Matters
The Federal Employers Liability Act, known as FELA, is the federal law that governs injury claims for railroad workers employed by carriers engaged in interstate commerce. Unlike standard workers’ compensation, which pays a fixed benefit regardless of fault, FELA allows injured railroad workers to sue their employer for damages based on negligence. The potential recovery under FELA includes lost wages, medical expenses, pain and suffering, and in some cases punitive damages.
The difference in outcome between a workers’ compensation claim and a well-prosecuted FELA claim can be substantial. Railroads know this, which is why they respond to injury reports with their own claims management teams, often on the day of the incident.
What Railroads Do After an Incident
When a railroad worker is injured, the carrier’s response is not primarily about getting the worker help. It is about managing the company’s liability. Incident reports are taken, witnesses are interviewed, and the scene is documented, all by people whose job is to protect the railroad, not the injured worker.
A recorded statement given to a railroad claims agent in the hours or days after an injury can be used to limit or eliminate a FELA claim later. What a worker says about the circumstances of the injury, their physical condition before the incident, and their use of safety equipment all become part of the record the railroad will use.
Kevin Wilkins has more than 30 years of combined experience representing injured workers against railroads in state and federal courts. He has handled FELA cases against the largest carriers in the country. His advice: do not give a recorded statement to the railroad without speaking to a FELA attorney first.
The Three-Year Deadline and Why It Is Not as Long as It Sounds
FELA claims must be filed within three years of the date of injury. That sounds like enough time. It is not, if the injured worker spends the first year working through the railroad’s internal claims process without legal representation and only seeks an attorney after that process fails.
FELA cases require investigation, preservation of physical evidence, identification of witnesses, and expert analysis of railroad safety regulations and practices. The more time that passes, the harder that case becomes to build.
Get the Right Help First
The Wilkins firm handles FELA railroad injury cases nationally. Kevin Wilkins takes cases on a contingency basis, which means no fee unless the case resolves in your favor. The consultation is free. If you or someone you know was injured working for a railroad, call the Wilkins firm before you talk to the railroad’s claims team. Go to wilkinsfirm.com.