Getting hurt on the railroad isn’t just traumatic; it can threaten your health, job and future. A railroad injury requires action, and you have legal rights to protect. Congress created the Federal Employers’ Liability Act (FELA) to protect injured railroad workers and hold employers accountable. This blog explains exactly what to do after a railroad injury so you can take the right steps, protect your benefits and hold the railroad company accountable.
To start, it’s essential to understand what FELA covers and how it applies to your situation.
Understand your FELA rights after a railroad injury
In 1908, Congress passed FELA to pay railway employees who were injured while working. Unlike workers’ compensation, FELA places the burden on the injured employee to prove the railroad was at least partially careless, leading to the injury. This can include unsafe working conditions, inadequate training or faulty equipment. Understanding your rights under FELA is the first step in ensuring you receive the compensation you deserve. Report the injury to your employer immediately once you recognize your rights under the FELA.
Report your injury to start a FELA-based injury claim
After sustaining a railroad injury, report the incident to your employer immediately. Reporting instantly creates a record of your injury and starts your FELA claim. Be sure to provide detailed information about how the injury happened, including the date, time, location and any witnesses available. Accurate reporting is important for building a convincing case.
After you report your injury, gather evidence to support your claim.
Gather evidence to support your claim
After reporting your injury, you should collect the needed documentation to prove your case. You need compelling evidence to move forward with a workplace injury file under FELA. This may include:
- Medical records: Documentation of diagnoses, treatments, and follow-up care
- Accident photographs: Visual proof of injuries and the scene of the incident
- Witness statements: Written accounts from coworkers or bystanders
- Safety reports: Records of workplace conditions, inspections, or violations
- Symptom journal: Notes tracking pain, limitations, and daily disruptions
Collecting this information strengthens your case and supports your claim under FELA.
Once you’ve gathered the evidence, consult a FELA lawyer to guide you through the legal process.
Consult a lawyer to protect your FELA rights
Going through a railroad injury claim under FELA can be complex, and having a knowledgeable lawyer can make a significant difference. A lawyer can explain your rights, review your case, and guide you through the process. They can also negotiate with the railroad company to make sure you receive fair compensation for your injuries. Working with legal support brings you closer to securing your rightful claim.
Getting the compensation you deserve under FELA
Being aware of your FELA rights and taking the appropriate steps after a railroad injury can significantly impact the outcome of your claim. By reporting your injury, gathering evidence and consulting a lawyer, you can safeguard your rights and work towards receiving the compensation you are entitled to. There are resources available to support you every step of the way.