Protecting your rights after a railroad injury: Fighting against a company’s interests through FELA

The moment you report an injury or a cancer diagnosis, a conflict of interest begins. To you, your injury or cancer diagnosis is a threat to your health, quality of life, and financial security. To the railroad company, it is a financial liability that needs to be managed. These companies often have a claims department or a team of lawyers to reduce payouts.

In the railroad industry, the Federal Employers' Liability Act (FELA) is a fault-based system that allows workers to get compensation for injuries and illnesses caused by company negligence. FELA also allows you to recover damages for pain and suffering, when traditional compensation laws only provide for economic damages. However, you must first prove that the company is at fault (at least partially), and they might employ several tactics to prevent you from doing so.

What to watch out for: Tactics used by railroad companies to protect their interests

• You might be required to see the company's doctor, even if you don't have to. In no-fault worker compensation laws, the employers or insurers in most states may require you to see the assigned physician they paid for. Under FELA, you are not required to see the company doctor, especially as you would later need your medical records and diagnosis to prove that the company was at fault.
• You may be directed to the claims department or management for a statement. If this happens, do not give a statement to the management without a FELA attorney present. Any conflicting statement may later be used by the company to claim that there are discrepancies between your account of the incident and other statements (witness statements or incident reports).
• The company may claim that you were aware of the inherent dangers of railroad work when you accepted the job or that you ignored safety guidelines, leading to your injury. Under FELA, railroad companies are still required to minimize risks through training and safety protocols even when workers are aware of the dangerous nature of the job. As for contributory negligence, the company might try to prove that you ignored safety protocols that led to your injury or disease. However, they are still responsible for providing a safe working environment, which means contributory negligence may only result in reduced FELA compensation at most.

Filing FELA claims for chemical exposure: You need independent representation

FELA claims for toxic exposure are complex because cancer typically develops after years of constant exposure to toxins in the railroad environment, like asbestos, diesel exhaust, creosote, and PFAS. The railroad company will use every defense possible, so you need independent representation with vast experience in handling toxic exposure cases. ELG Law attorneys handle FELA cases for railroad workers (including railroad firefighters) who have been diagnosed with any of the following conditions within the past three years. We can also evaluate catastrophic injury cases for railroad workers.

Cancers related to asbestos

• Mesothelioma
• Lung cancer
• Throat cancers (laryngeal, pharyngeal, esophageal)
• Colon and rectal cancer

Cancers associated with PFAS chemicals

• Kidney cancer
• Testicular cancer
• Liver cancer
• Thyroid cancer
• Prostate cancer
• Breast cancer
• Pancreatic cancer
• Bladder cancer
• Leukemia
• Non-Hodgkin lymphoma
• Multiple myeloma

Protect your rights against company defense tactics: File a FELA claim with ELG Law

In filing FELA claims, you may be facing legal teams of railroad companies who will do everything to minimize the company's financial liability. You need a competent team by your side who can guide you through the legal process. ELG Law has a team of experts and skilled attorneys with decades of experience in pursuing compensation for occupational exposure and injuries. We are ready to evaluate your documents if you have been injured or diagnosed with any of the illnesses mentioned above within the past three (3) years. If you are eligible, we will be filing the FELA claim on your behalf as you focus on treatment and recover your health.