F.E.L.A.

A San Diego FELA attorney answers your frequently asked Federal Employers' Liability Act questions

How important is it to act promptly in a FELA case?
When a railway worker is injured, he or she should file a claim for injury as soon as possible. Delaying increases the risk that the worker will lose the right to receive compensation. A rail worker who has been injured needs an experienced FELA attorney who understands the applicable law and who can protect the railroad worker’s legal rights.

Are there statutes of limitations under the FELA?
The FELA statute of limitations is three years; a claim must be filed within three years of the injury. Once the claim is filed, the clock is stopped, and the case can go forward until it is resolved. However, states have differing statutes of limitations, and sometimes a state claim is involved as well. It is important that an injured worker discuss a case as soon as possible with an experienced San Diego FELA attorney, who can evaluate the case and determine what statutes of limitations apply.

What kinds of damages can be paid in FELA claims?
If the worker can demonstrate that the railroad or its employees were negligent, he or she can recover damages including wage loss, past and future, medical expenses that are not covered by insurance provided by the railroad and not already paid by the railroad, permanent injury, damages for disfigurement caused by scarring, pain and suffering, and emotional distress.

How can I help myself after a work-related injury?
Get prompt, competent medical care, and work with your doctors and other care providers to achieve the best outcome possible with your injuries. Be sure to make a record of all witnesses, both to the event itself, and to the conditions that led to the event. Witnesses can make a critical difference in the outcome of a claim.

If I’m asked by my supervisor or other railroad employee to make a statement, what should I do?
If you have been injured on the job, you should understand that the railroad and its supervisors know that you may file a FELA claim. Supervisors and other railroad employees will investigate the incident, to gather facts which put them in the best possible light. You may be asked to give a statement about the events. In order to protect your claim, you should avoid making a statement, because things you say in your statement can be used against you, especially if it is not properly and objectively written. Your first consultations should be with your union representative or with an experienced San Diego FELA attorney.

If I’m partially responsible for my injury, do I still have a claim?
The FELA employs a legal concept called contributory negligence, which means that in a jury trial to determining damage, both the railroad’s and the employee’s contribution to the injury are evaluated. The full claim is determined, and the employee is paid the railroad’s percentage of responsibility. For example if a jury awards $300,000 and they determine that the railroad was 70% responsible for the injury and the employee was 30% responsible, then 30%, or $90,000 would be deducted from the employee’s damage award.

Are repetitive stress injuries, like carpal tunnel, covered under the FELA?
Repetitive stress and cumulative trauma injuries may be covered. With this type of injury, in which the injury occurred over a prolonged period of time, it is very important to know the statute of limitations. The three-year statute of limitations clock starts when the employee knew or reasonably should have known that s/he had suffered a work-related cumulative trauma. It is important to contact an attorney as early as possible to make sure your claim remains valid.

Are mesothelioma and asbestosis cases covered under the FELA?
Yes, if your claim can demonstrate that your employer was negligent in protecting you from exposure to asbestos. Because of the long lead time before these diseases are diagnosed, it is very important to work with an experienced FELA attorney in San Diego who also understands asbestos litigation.