Frequently Asked Questions or FELA 101

Q: What is the FELA?

A: The FELA, or Federal Employers' Liability Act, is a Federal Law that protects the rights of railroaders if they are injured on the job. It provides that an injured employee may seek compensation for all of his or her damages within three (3) years from the time of the injury. It is regarded as one of the best laws for injured workers because it provides a system of full and adequate compensation for injured railroad employees, while at the same time promoting rail safety and safe working conditions for the benefit of all railroad employees. It is a fault-based system and state worker compensation laws do not apply. More information may be obtained from your Designated Legal Counsel.

Q: How much money can I get for my injury?

A: It will depend on many factors: the severity of your injury, the amount of negligence of the railroad, your negligence, if any, your future losses, etc.

Q: Where and to whom do I report on on-duty injury?

A: Report your injury to your fellow workers as soon as possible. Make sure they observe any unsafe equipment, tools or ground conditions involved in the injury. It is always a good idea to contact your local union official as well as your approved Designated Legal Counsel.

Q: Do I complete an injury report? The railroad officials try to discourage us from filling out Personal Injury Reports and even threaten us if we want to fill one out. Should we always fill one out if we are injured?

A: Yes, or at least fill out a first aid report immediately with an official. When you are able to complete the injury report, identify any and all unsafe cars, equipment or unsafe work procedures contributing to the injury. You must also inform your immediate supervisor of any on-duty injuries. By not filling out a report when you are legitimately injured on the job, you will make it very hard to receive compensation later for your injury.

Q: If I fill out a Personal Injury Report, will the railroad fire me?

A: They may indeed fire you, but they cannot fire you for filling out a PI form. They will fire you if you do not fill out one at the time of injury and try to submit one after the fact.

Q: I never filled out a Personal Injury Report, but I did hurt myself at work. What can I do now?

A: If you file a late report, the railroad may fire you. However, if your injury is serious enough, you should still fill out a report. Consult your union officers and also an attorney at this point.

Q: Where should I seek Medical care?

A: In many cases, the Railroad will try to insist that you be seen by a company-referred physician or medical facility. If possible, make an effort to see your own treating doctor or contact Designated Legal Counsel for names of doctors in your area.

Q: Do I have to give a statement?

A: No. the injured party does not have to provide any type of written or oral statement beyond completing the personal injury or accident report. If asked to participate in a "re-enactment", you should only do so if a union official is present and you are able to participate without risk of injury or pain.

Q: What records and information should I keep?

A: You should attempt to obtain copies of all injury reports, inspection records, photographs, delay reports, inspection reports, etc. These items may be important in establishing date, time, location, unsafe conditions, potential witnesses, the nature and extent of your injuries, etc.

Q: Why does the Claim Agent keep calling me so often?

A: He would like to settle your injury case to get you off of the injury roll and back to work, for less money than you deserve for your injury.

Q: If we have legal rights under FELA and not under Workman's Compensation, why are the FELA rights not posted in our lunch room at work, while Workman's Compensation rights are?

A: Good question. The answer is because the law does not require them to do so, and they do not want you to know your legal rights under FELA.

Q: Why do I have to take action against the railroad legally? Shouldn't they take care of me after my injury?

A: You must take action because the railroad does not have your best interest at heart and will not protect you. Yes, they should take care of you, but the fact is, they do not.

Q: Will I lose my job if I sue the railroad?

A: No, they cannot fire you for bringing a lawsuit.

Q: Why should I hire a lawyer instead of handling this myself?

A: First, for protection under the FELA law. Additionally, your attorney can probably get more money for your injury, your attorney can protect you and your family in the future and your attorney can ensure that the carrier treats you fairly and that the carrier will protect you medically.

Q: What is the difference between my union helping me in an injury situation and a law firm helping me?

A: Your union can only help you in your investigation, if there is one. After that, you must represent yourself to the Claims Agent or have an attorney who can bring the power of the law to the table do so.

Q: Can your firm represent me in an investigation?

A: No, your union officers must do this, but we can consult with you prior to the investigation and help prepare you for it.

Q: Why are there certain law firms that are affiliated with us, what do you charge, and why should we use you instead of another non-FELA firm?

A: We are designated to act as your counsel by your International officers, under strict guidelines, because we are experts at this certain type of law-FELA; we charge 25% on a contingency basis, and you should use us because we are experts at this type of law, among other reasons.

Q: How can I get disability if I cannot work anymore due to my injury?

A: You must petition the RRB for this to happen, and they will guide you through the process. You should consult with an FELA attorney at RCV also, as you may have cause to file a suit against the carrier.

Q: I do not have a specific injury date, but I know that my body is worn out from the type of work I do and cannot keep doing it. Is there anything I can do?

A: Yes, depending on your situation, you may be able to file a cumulative trauma suit against the carrier.

Q: Does RCV do only railroad injury work?

A: No, we also practice in other areas such as wills, auto accidents and other personal injuries as well. We do not practice criminal or family law.

Q: Does it cost me to talk to a lawyer for just legal advice?

A: No, we offer free legal advice on almost any matter, as we are your designated counsel and you can call us on any legal matter.

Q: How can I get a hold of you?

A: You can call the Denver, Colorado, office at 800-325-4014 or 303-759-3500. Our Bellevue, Washington, office phone number is 866-357-RAIL (7245); 24 hours a day. You can reach our Eagan, Minnesota, office at 866-900-FELA (3352) or simply call the field representative for your area.