If the railroad sends a claim agent to ask for a recorded or written statement, the injured employee should first contact an attorney with FELA experience or a union representative. The goal of the claim agent is to minimize the monetary claim against the railroad. All FELA claims involve a period of investigation, which the railroads will use to their interest. Remember that the railroad has much greater resources and experience for FELA cases than you do. Contacting an attorney with experience in railroad cases can significantly increase your chances of winning. All of the following tactics have been used by railroads in defense of their interests:

• Medical attention. Failure to seek medical attention is viewed by railroads as proof that the injury is not serious. If you are injured, seek prompt medical attention. If railroad personnel attempt to convince you otherwise, do not listen.
• Accident reports. If an accident is not promptly reported in writing, the railroad will allege that a late report indicates a false report.
• Video surveillance. Railroads commonly compile a video record of injured employees, to review in hopes of catching an inconsistency. Expect to be recorded during medical visits, while you are at home and other places in the community.
• Conflicting statements. Expect to be contacted several times by the railroad. They will ask for a statement each time, in an effort to create inconsistent reports. Your statements will be compared to your written reports, the statements of your manager and claim agent, and medical reports. Remember: do not make any statement without first consulting with an attorney. Once you have retained an attorney, the railroad cannot legally communicate with you about your case without your attorney being present.

FELA Accidents: Worker Injuries

Railroad workers are covered by the Federal Employers Liability Act (FELA). FELA is based on the principle of fault, rather than the no-fault basis of state worker’s compensation laws. An injured worker must therefore show that the railroad’s negligence caused his or her injury in order to receive compensation. FELA places specific duties on the railroad. If it fails to develop and enforce workplace safety rules, provide a safe workplace through inspection and maintenance, and give its employees adequate time and equipment to maintain safety, then it can be found negligent and therefore liable for injuries.

To make a successful FELA claim, a worker must meet the following requirements:

• He or she must have been injured in the course of his employment with the railroad while performing his or her duties;
• The claim must be filed within three years of the date of injury;
• The railroad must be engaged in interstate commerce, and;
• The railroad must be shown to be negligent.

A successful FELA claim may entitle the worker to damages for past and future pain and suffering, disability, medical costs, and lost earnings. Negligence resulting in death can trigger additional benefits. FELA also covers occupational hazards and long-term conditions such as hearing loss, asbestos exposure, arthritis, and any worsening of a pre-existing condition caused by work.
Thousands of people are injured on and around trains every year. The issues of fault and negligence introduce complex issues of law into the recovery of damages for these injuries. The advice of a personal injury attorney with experience in railroad cases can be vital to your claim and the recovery of damages.