Federal Employers Liability Act FAQ
Alabama FELA Lawyers Answering Your Questions
Burge & Burge is recognized as a leading law firm for handling the injury claims of railway workers. Our Alabama attorneys have more than 100 years of combined experience and in-depth knowledge of the Federal Employers Liability Act (FELA). When you have questions about your rights under FELA, contact us for the answers.
Who Is Eligible under FELA?
Eligibility for compensation under the Federal Employers Liability Act is determined by several factors, but several types of employees are generally eligible, including:
- Engineers
- Brakemen
- Conductors
- Yardmasters
- Trainmasters
- Roadmasters
- Mechanics
- Switchmen
What Kind of Damages Am I Entitled to under the FELA?
Railway workers who are injured on the job may be eligible for damages such as lost earnings, out-of-pocket medical expenses, compensation for a reduction in ability to earn wages, and pain and suffering.
Which Attorney Is Best for My Railway Injury Claim?
When it comes to claims for railway injuries under the FELA, the right attorney can make a huge difference. The FELA is complex. Lawyers without extensive experience may miss key points. At Burge & Burge, our focus is and always has been on helping injured railway workers. When it comes to FELA claims, we know what we are taking about and our firm has designated union counsel.
How Soon Do I Need to Act?
Under the FELA, the statute of limitations for a railroad injury case is three years from the date of the injury. When your case involves an occupational disease that may have developed over time, the statute of limitations may start running from the date the disease is discovered. It is important to contact an attorney as soon as you consider the need to take legal action.
What is my case worth?
We are frequently asked by a client to place a monetary value on his or her individual case. No accomplished personal injury attorney can give you a potential value of your case early on for a variety of reasons. The value of your case hinges on a number of factors, which include:
- The negligence on the part of the railroad;
- Your negligence, if any, as that will reduce the amount of your recovery;
- Whether the accident was witnessed and the believability of any witnesses to the accident;
- The extent and permanency of your injury;
- Any injuries you may have had prior to this accident;
- The testimony of your treating physicians; and
- The testimony of expert witnesses appearing for you and on behalf of the defendant railroad.
Do I have to give a statement to the railroad or their attorneys?
You are required to complete an accident report form as the injured party. If asked to give a statement after you have been involved in an accident you should politely decline until you have talked to an attorney and received advice concerning your course of action. Many cases lose their value early because the injured worker was inexperienced in dealing with the claims investigators who are very good at manipulating the conversation to reduce the liability on the part of the railroads.
Do I have to go to the company doctor?
No one can require you to seek treatment from anyone other than a physician of your choice. You should seek treatment from competent medical personnel. Ideally, this would include a specialist for your particular injury. You should also remember to honestly and fully answer the "history" questions posed to you by the physician. If you fail to disclose prior hospitalizations or injuries this will hurt your credibility and diminish the value of your claim. Fully describe for the doctor the type of work you were doing at the time of the accident and how, if at all, your routine job duties will be impacted by the injury if it includes any degree of permanent impairment.
Will I be disciplined or fired for retaining an attorney?
No. Federal law prohibits the railroad from taking such action and subjects it to a fine and possible imprisonment for the railroad official taking such action. Additionally, you have rights under your labor contract and you should contact your local chairman in the event an investigation is called.
Do I have any benefits as an injured railroad employee while I am unable to work?
Yes, railroad workers are entitled to Railroad Retirement Board Sickness Benefits, so you should contact your local Railroad Retirement Board office to find out how and when to apply. These benefits must be reimbursed to the Board from any proceeds that you receive from the railroad for your injury claim.
Contact Us
Do you have more questions about how the FELA applies to your injury? Contact Burge & Burge, in Birmingham, Alabama, at 205-251-9000 or toll free at 800-633-3733 for a free initial consultation.
