At our law firm, we offer you a unique level of attention. We hope that these frequently asked questions will help you understand more about the way we work and validate our passion for helping people who are going through difficult situations.
When a railroad worker suffers an injury, railroad unions and law firms perform different functions. Unions focus on workplace rights, safety concerns, and contract enforcement, while law firms provide legal representation to pursue compensation through FELA claims by proving employer negligence and litigating cases in court.
Railroad unions guide injured workers through company reporting systems, facilitate supervisor communications, and verify employer compliance with collective bargaining agreements. Representatives help complete accident documentation, record hazardous conditions, and handle urgent workplace matters after injuries occur.
A union will inform members of their FELA rights, and they will generally be referred to designated counsel who have been trained in railroad injury law and approved by the union. Activities of the union include enforcing contract provisions, strengthening job site safety, and connecting members with appropriate legal resources.
Law firms handle FELA claims from investigation through litigation. They collect evidence demonstrating railroad negligence, secure medical records, assess total damages, and build legal arguments that meet FELA's negligence requirements.
Law firms possess legal authority that union representatives lack: filing lawsuits in federal or state courts, using discovery procedures to access railroad internal documents, presenting evidence before juries, and seeking full compensation, including pain and suffering, lost income, and medical expenses. Through thorough case development, attorneys negotiate settlements that reflect the true value of your claim.
Rail unions are prohibited from suing railroad companies or litigating FELA claims because these lawsuits require proving employer fault through legal proceedings that can only be conducted by licensed attorneys. While a law firm focuses on maximizing individual claims, a union balances member needs with broader relationships with railroad employers.
Workers may choose any attorney to handle their FELA claim, regardless of what the union recommends. Though designated union counsel usually have experience with railroad cases, independent law firms may have different perspectives, resources, or strategies.
The railroads deploy claim agents, private investigators, and experienced defense attorneys immediately after injuries to build defenses against FELA lawsuits. An attorney protects your interests by providing legal expertise and litigation experience. Unions provide valuable workplace support and guidance, but only attorneys are allowed to pursue FELA's legal remedies.
Our attorneys have extensive experience representing railroad workers in FELA claims independent of union affiliations or designated counsel arrangements. Whether you work with your union's recommended lawyers or choose independent representation, you deserve attorneys who focus exclusively on maximizing your individual recovery. Get more information about the legal options available to you by contacting Environmental Litigation Group today.