The FELA claims process is a unique and detailed procedure that applies to railroad workers who have been injured on the job. Unlike typical workers' compensation claims, the Federal Employers' Liability Act (FELA) allows injured railroad employees to seek compensation directly from their employers if negligence is involved.
This compensation can be more substantial than what is usually available through state workers' compensation programs, making the process especially necessary for those affected. However working through the FELA claims process can be difficult, requiring knowledge of its stages and possible pitfalls.
The Importance of the FELA Claims Process
The Federal Employers' Liability Act was enacted in 1908 as a response to the hazardous conditions faced by railroad workers. Unlike workers' compensation, which usually provides no-fault benefits, FELA requires proof of negligence on the part of the employer.
This higher standard means injured workers must demonstrate that their employer’s negligence played a part in their injury. The potential for higher compensation under FELA reflects the distinct risks associated with railroad work. But it also means the process of obtaining that compensation is more complicated.
Getting Immediate Medical Attention and Reporting the Incident
The first and most critical step in the FELA claims process is getting immediate medical attention. It not only sees to it that the injured worker receives the needed treatment but also establishes a medical record needed in building a strong case.
It is imperative to document the nature of the injury, like broken bones or a traumatic brain injury, and to report the incident to the railroad employer as soon as possible. This report should include details about the accident, any hazardous conditions that contributed to it, and witnesses who can corroborate the events.
Timely notification is necessary because it triggers the employer's obligation to investigate the incident and helps establish a clear link between the injury and the work environment. Also, early communication with a FELA claim lawyer or a union representative can provide valuable legal guidance during these initial stages, helping to avoid missteps that could compromise the claim.
Equally critical at the time of the incident is contacting one of our attorneys so we may conduct an independent investigation to ensure there is no loss of evidence, in addition to documenting and preserving as many facts as possible.
Investigation and Settlement Negotiations
Once the incident has been reported and initial medical treatment has been received, the investigation phase of the FELA claims process starts. This phase is critical, because the injured worker, their attorney, and the employer will all be involved in gathering evidence and building their respective cases.
FELA claim lawyers will frequently conduct their own investigations to establish the employer's negligence. This could involve reviewing workplace safety records, interviewing witnesses, and consulting experts.
The burden of proof in FELA cases is with the injured worker, who must demonstrate that the employer's negligence contributed to the injury. The investigation might also involve the following steps:
- The employer will require the injured worker to complete an accident report, explaining the circumstances of the injury.
- The railroad company will do its own investigation into the incident, frequently involving its legal team.
- Both parties will participate in settlement discussions, where the possibility of resolving the claim without going to trial is explored.
If a settlement cannot be reached during these negotiations, the case will proceed to the next phase, where a formal complaint is filed in federal court.
Filing the Complaint
Filing a complaint in federal court is a big step in the FELA claims process. This legal document formally outlines the allegations against the railroad employer and signifies the official start of the lawsuit. The complaint will explain the ways in which the employer's negligence caused the worker's injury and will request compensation for medical expenses, lost wages, pain and suffering, and other damages.
Once the complaint is filed, the railroad employer will be required to respond, usually within a few weeks. The employer's response may admit or deny the allegations, assert defenses, or raise counterclaims against the injured worker. This exchange of legal documents sets things up for the discovery phase, where both sides gather evidence to support their respective positions.
Discovery and Pre-Trial Maneuvers
The discovery phase is another part of the FELA claims process. During this time, relevant case information is exchanged by both parties, including documents, witness statements, and expert reports.
Discovery can take several forms, such as:
- Interrogatories: Written questions that one party sends to the other to gather information.
- Document production: The exchange of documents that are relevant to the case, like medical records, safety reports, and internal communications.
- Depositions: Formal, sworn statements taken from witnesses and parties involved in the case, which are recorded by a court reporter.
During discovery, both parties can also file motions, which are requests for the court to make specific rulings before the trial begins. For example, a motion to dismiss may be filed if one party believes there is insufficient evidence to support the other party's claims or motions for summary judgment may be filed if the facts of the case are undisputed and one party believes they are entitled to judgment as a matter of law.
In some cases, the parties might be able to resolve their disputes through alternative dispute resolution (ADR) methods, like mediation. A judge can order the parties to participate in mandatory settlement conferences to encourage a resolution before trial. These pre-trial maneuvers are critical in determining the direction of the case and can sometimes result in a settlement that avoids the need for a trial altogether.
The Trial Process
If the case does not settle during the discovery or pre-trial phases, it will proceed to trial. During the trial, both the injured worker and the railroad employer will call witnesses, present their arguments, and submit evidence to support their positions. The burden of proof remains on the injured worker, who must demonstrate that the employer's negligence contributed to the injury.
The trial process can involve the following steps:
- Opening statements: Each side presents an overview of their case to the judge or jury.
- Presentation of evidence: Both sides introduce evidence, including fact and expert witness testimony, documents, and expert reports.
- Cross-examination: The opposing side has the opportunity to question each witness to challenge their credibility or the accuracy of their statements.
- Closing arguments: Each case’s perspective side is summarized, and each urges the judge or jury to rule in their favor.
Once all the evidence has been presented and arguments have been made, the jury or judge will deliberate and reach a verdict. If the injured worker is successful, the judge will issue a judgment ordering the railroad employer to pay the awarded compensation.
Post-Trial Considerations
After the trial, the right to appeal the judge's decision is available to either side if they believe an error was made during the trial. But appeals are relatively rare in FELA cases, and the likelihood of overturning a verdict on appeal is low. It is also important to know that if the parties reached a settlement agreement during the pre-trial or trial phases, the terms of the settlement cannot be appealed.
In some cases, the trial might result in a substantial award of damages for the injured worker. But it is needed to remember that each FELA case is unique, and the outcome will depend on the specific facts and circumstances of the injury. Also, railroad companies are known for strongly defending FELA claims, so having an experienced FELA claim lawyer is imperative to getting a favorable result.
Working Your Way Through the FELA Claims Process with Legal Assistance
The FELA claims process is undeniably complicated, and injured railroad workers can find it hard to get through it on their own. Working with a knowledgeable FELA claim lawyer can provide the legal expertise needed to successfully pursue a claim and maximize the compensation available under the law.
When dealing with severe or catastrophic injuries, like traumatic brain injuries or spinal cord injuries, the stakes are higher, and the need for expert legal representation becomes even more critical. An experienced attorney can help injured workers with their rights, gather the necessary evidence to support their claims, and work with the railroad company on their behalf.
Trusting the Experts for Your FELA Claim
Working through the FELA claims process can be tough, but with the right legal support, injured railroad workers can get the compensation they deserve. Levinson Axelrod, P.A. has a long history of representing injured workers and helping get favorable results in FELA cases.
With decades of experience and a commitment to client success, our firm is dedicated to providing the legal guidance and representation needed to deal with the complexities of FELA claims.
Call us at (732) 440-3089 or use our online form to reach out and schedule a consultation with one of our experienced FELA attorneys today. Let us help you protect your rights and secure the compensation you need to move forward.