Filing FELA claims: The legal process for railroad worker injuries and occupational diseases

Unlike traditional state workers' compensation laws, FELA provides a legal remedy that allows a worker to recover compensation if they prove the railroad company is at fault. This unique legal structure acknowledges the extreme dangers of the railroad industry and allows workers to secure higher compensation or receive compensation for occupational diseases that traditional state laws do not cover.

The Federal Employers' Liability Act (FELA) is a fault-based system passed in 1908. Unlike traditional "no-fault" workers' compensation laws, where you receive compensation regardless of the cause, FELA requires workers to prove the company's negligence to get compensation for damages.

The legal process of filing a FELA claim: You need to prove that the employer is at fault

Because you must prove the railroad company's negligence or fault, it's critical to start your documentation from the moment you got your diagnosis or your injury. To successfully claim compensation, you need to prove that the railroad company is at fault, even partially (not necessarily 100%). These are crucial steps you need to take to establish your case for a FELA claim:

1. Gather medical records and any documentation from when you sought medical attention. Keep in mind that you do not need to see the company doctor to diagnose you. You may choose a doctor without your company's approval.
2. Report your injury to your supervisor as soon as possible. To properly document the incident, you need to inform your supervisor immediately if you have been injured or diagnosed with an exposure-related disease. Any delays in reporting may become a problem or may be used by the company to claim that your injury is not work-related.
3. Consult with an experienced attorney about your eligibility for a FELA claim. The railroad company's management may ask you to speak to the claims department for a statement, but you should not provide any statement until you have consulted with an experienced FELA claims attorney.
4. Gather supporting documents to prove your injury or disease is caused by company negligence. Aside from your medical records, you need employment records like work history, work logs, incident reports, and witness statements.
5. Coordinate with your attorney for negotiations. FELA claims are complicated and might result in delays, settlements, or denials where you need to file appeals. You need competent representation to guide you through these negotiations.

Eligibility of chemical exposure cases for FELA claims

Thousands of railroad workers get occupational cancer from their exposure to hazards at work. FELA isn't just for traumatic accidents like falls or crashes; it also covers occupational diseases developed from constant exposure to hazardous chemicals at work. ELG Law handles claims for railroad workers diagnosed within the past three (3) years with conditions linked to occupational toxic exposure or catastrophic injuries.

Cancers related to asbestos and other railroad hazards

• Mesothelioma (asbestos)
• Throat cancers - laryngeal, pharyngeal, esophageal(asbestos)
• Colon and rectal cancer (asbestos)
• Rectal cancer (asbestos)
• Lung cancer (asbestos, diesel exhaust, creosote)

Blood cancers caused by PFAS

• Leukemia (linked to PFAS and benzene exposure)
• Non-Hodgkin lymphoma (linked to PFAS and benzene exposure)
• Multiple myeloma (linked to PFAS and benzene exposure)

Other cancers associated with PFAS

• Kidney cancer
• Testicular cancer
• Liver cancer
• Thyroid cancer
• Prostate cancer
• Breast cancer
• Pancreatic cancer
• Bladder cancer

Catastrophic Injury

• This includes injuries unique to railroad workers involved in heavy machinery, massive equipment, or high-voltage equipment. These catastrophic injuries may involve spinal cord injury, loss of limbs, severe burns, or traumatic brain injury.

File with ELG Law: Get an evaluation of your FELA claim today

FELA claims are complicated and tedious, and you might be up against powerful railroad companies. You need legal representation with knowledge and experience in occupational exposure cases. ELG Law's toxic exposure attorneys can file your FELA claim on your behalf and pursue just compensation for damages you suffered as a railroad worker. Contact us to get a free evaluation of your case, and we can determine whether you are eligible for a claim.