Services for Injured Railroad Workers

 Kirklin Thompson can help you get your life back on track.

Kirklin Thompson can help you get your life back on track.

 

why you should contact us right after you are injured on the job

  1. We have over 30 years' experience representing injured railroad workers;
  2. We can inform you of what you are required to do at your employer's request and what you can refuse to do;
  3. We can warn you of what actions might reduce the amount of money you receive;
  4. We can help you determine how much money you are likely to receive;
  5. We will likely be able to get you more money than you could on your own;
  6. We can help you assess whether and when to file a lawsuit.

overview of The Fela

The Federal Employers Liability Act (FELA) is a law that allows railroaders to bring a lawsuit against their employer for injuries that were caused at least partly by the railroad's failure to do someone it should have done or the railroad doing something it should not have done. The railroad is also responsible if they violate a safety law that requires certain standards to be met with respect to most railroad equipment. Injured workers can obtain compensation for their losses, including wages that they lost due to their injury, out of pocket medical expenses, and pain and suffering.

What to do if you are Injured on the Job

  1. Obtain the best medical treatment possible from your preferred medical providers;
  2. Contact an attorney as soon as possible;
  3. Take pictures of your injuries
  4. Do not authorize your employer to obtain your medical records;
  5. Accurately and completely fill out an accident report once you are not adversely influenced by pain, medication or shock;
  6. Do not complete any other written or recorded statement at the request of your employer.

frequently asked questions

  1. Is the FELA different than worker's comp?  Yes. Railroad workers are not eligible for worker's comp, but the FELA provides railroaders the opportunity to get more compensation from their employers.
  2. Should I sign a release for my employer to obtain my medical records? No. You are not required to do so. Consult with an attorney before signing a release.
  3. Do I have to fill out an accident report? Most railroads will require you to fill one out. But, you do not have to fill it out when you are in the hospital, in shock, in severe pain, or under the influence of medication. Wait until you are calm and your mind is clear to complete your report. You can ask your union representative for any help you need completing the form.
  4. Do I have to give my employer a statement in addition to the accident report? No. Your employer may try to pressure you into giving one, but you should not until you have consulted with a lawyer.
  5. How soon after my accident do I have to file a lawsuit? You should contact an attorney as soon as possible after your accident. You have three years from the date of the accident to file a lawsuit, but your attorney will need to investigate your case and can help you navigate your employment and medical issues.
  6. Can I get in trouble for reporting an accident or giving a statement to a lawyer? No. The railroads are prohibited from retaliating against your for reporting an injury or serving as a witness. If you suspect that the railroad might be retaliating against you, contact an attorney ASAP because you only have 180 days to bring a claim.
  7. How much money can I get for my injury? The answer depends on a number of factors including the severity of your injury, your level of pain and suffering, how well you have recovered, the amount of work you lost, whether you can work again, and whether you will need future medical treatment.
  8. Do I have to go to a company doctor? No. You can go to the doctor that you choose. If your employer tries to pressure you into a particular doctor, speak with an attorney immediately.
  9. If I was partly at fault, will I lose my case? No. If the railroad was any part at fault, they will have to pay you, but your losses may be reduced if you are also partly at fault.
  10. Is my employer's claims agent representing me? No. Your employer's claims agent represents your employers interests. You should consult an attorney for your own representation.

This information is not intended as legal advice and does not create an attorney-client relationship. Please contact an attorney to determine the best course of action in your circumstance.