If you’ve been injured while working for a railroad, you may be wondering: What actually happens in a FELA lawsuit? This blog answers your questions!
Injured railroad workers are protected by a federal law called the Federal Employers’ Liability Act (or FELA). A FELA railroad injury lawsuit involves investigation, discovery, depositions, medical evidence, settlement negotiations, and potentially a trial.
The process can seem complicated, but understanding the basic steps can make it easier to know what to expect.
1. You Get Medical Treatment and Report Your Injury
Your health should be the first priority after a railroad injury. When you receive medical treatment, accurately explain what happened and describe your symptoms.
Your medical records may later become important evidence concerning:
- When the injury occurred
- How it happened
- Your symptoms
- Your diagnosis
- Treatment
- Work restrictions
- Your prognosis
You will also need to report the injury to your railroad employer. A union representative or FELA lawyer can provide helpful advice for filling out the injury report, especially given that supervisors can try to blame you for getting hurt.
2. You Talk to a FELA Attorney
Consulting a FELA railroad lawyer as soon as possible can help you navigate the process and minimize the stress to you and your family. During an initial consultation, an experienced FELA attorney will ask about how the injury occurred, workplace safety conditions, details concerning your injuries, and upcoming treatment. Your FELA injury lawyer is your partner in this process, every step of the way!
3. Your FELA Attorney Investigates What Happened
A strong FELA case requires more than simply establishing that you were injured.
Your FELA injury attorney will investigate how the railroad’s negligence contributed to the injury. It is important to remember that the FELA is different from state workers compensation laws. In a FELA injury case, we must prove that the railroad failed to provide safe working conditions (or, in other words, the railroad was “negligent”).
The issue isn’t simply whether you were injured at work. A successful FELA case will include evidence showing that the railroad’s negligence played any part in causing your injury.
Depending on the circumstances, that investigation could involve:
- Railroad safety rules
- Equipment and tools
- Maintenance records
- Inspection records
- Training
- Work assignments
- Accident reports
- Witnesses
- Photographs and video
- Medical records
- Employment records
This investigation can be especially important because evidence can become more difficult to obtain as time passes. Documents can be lost and memories can fade.
4. A Lawsuit May Be Filed
Sometimes FELA injury cases can be settled without filing a lawsuit. If the claim cannot be resolved without litigation, your FELA attorney may file a lawsuit.
The lawsuit typically begins with filing a “Complaint” explaining the factual and legal basis for the claim.
The railroad then responds.
Filing a lawsuit does not necessarily mean you will end up in a courtroom. Many cases are resolved through negotiations or other forms of settlement before trial.
5. Both Sides Exchange Information
This next phase of the case is called discovery. During discovery, both sides may request documents and information relevant to the case.
You may be asked questions about:
- The accident
- Your work history
- Your medical history
- Previous injuries
- Your symptoms
- Medical treatment
- Your ability to work
- Activities outside of work
Your attorney may also request evidence from the railroad, including records relating to equipment, maintenance, safety practices, training, work assignments, and the accident itself.
6. You May Have to Give a Deposition
A deposition is a formal interview conducted under oath, usually at your lawyer’s office.
The railroad’s defense attorney may ask you questions about your injury and medical history.
You may be asked about:
- How the accident happened
- Your job duties
- Your symptoms
- Prior injuries
- Medical treatment
- Your work history
- Time missed from work
- Your physical limitations
Your FELA attorney will be present with you and will carefully prepare you for the deposition. The most important rule is simple: Tell the truth, listen carefully, and don’t guess when you don’t know the answer.
7. Your Medical Evidence Is Evaluated
Medical evidence is critical in a FELA case. This may be relatively straightforward when an injury is clearly connected to a specific accident.
It can become more complicated when there are:
- Pre-existing conditions
- Multiple injuries
- Disputed causation
- Permanent limitations
- Questions about future treatment
Depending on the circumstances, medical professionals or other experts may be asked to provide opinions about your condition, its cause, your limitations, and your future medical needs.
8. The Case May Settle
Many FELA cases are resolved through settlement rather than trial. Settlement negotiations can occur at almost any stage of the case.
There is no standard settlement amount for a FELA case. The potential value depends on the individual circumstances, including the extent of your injury, medical evidence, lost wages, future earning capacity, pain and suffering, and evidence concerning railroad negligence. An experienced FELA lawyer will provide invaluable insight into the value of your case so you get every dollar you deserve!
9. The Case May Go to Trial
If the parties cannot reach an acceptable settlement, the case may proceed to trial. According to the Bureau of Justice Statistics, less than 5% of all filed cases proceed to trial because most settle beforehand.¹
At trial, both sides present evidence and arguments. You may hear testimony from:
- The injured railroad worker
- Coworkers
- Supervisors
- Medical professionals
- Experts
- Railroad representatives
- Other witnesses
The jury then considers the evidence and reaches a verdict under the court’s instructions.
While only a small percentage of FELA cases go to trial, but your FELA injury attorney should prepare your case as though it will to ensure the best result.
Injured While Working for a Railroad?
You shouldn’t have to navigate the FELA process without understanding what is happening.
If you have suffered a railroad injury, an experienced FELA attorney can investigate your case, explain the legal process, and help you understand your potential options. Contact our FELA attorneys today for a confidential consultation about your railroad injury.
¹Bureau of Justice Statistics – www.bjs.ojp.gov
