Who are FELA claim agents and what do they do?

Primary responsibilities of claim agents

A FELA claim agent performs a variety of functions that benefit the railroad company. As part of the initial investigation into an accident, they gather statements from workers injured in the incident, witnesses, and supervisors to assess liability and build the company's defense. FELA claim agents review medical records, accident reports, and evidence to determine claim validity and estimate potential damages.

They also negotiate settlements to resolve claims quickly, questioning injury severity, disputing causation, or shifting partial fault to the injured worker in order to minimize payouts. Their responsibilities include attending accident scenes, coordinating with supervisors and safety personnel, and preparing internal reports for FELA defense.

When claim agents contact injured workers

Railroads dispatch claim agents as soon as an incident occurs, sometimes within hours. When events are still fresh, agents collaborate with safety personnel, private investigators, and lawyers from the company to gather information. As part of their process, they often contact injured workers in hospitals, at home during recovery, or at follow-up medical appointments to obtain statements and documentation.

Agents typically ask workers for written or recorded statements about the injury and its circumstances, along with medical authorization forms that grant them access to their medical records. These contacts occur at the most vulnerable times for injured workers, when they are in pain or uncertain of their legal rights.

How claim agents serve railroad interests

FELA claim agents work exclusively for railroad companies and prioritize the employer's interests compared to neutral insurance adjusters in other cases. A claim agent's focus is to minimize the railroad's liability exposure in FELA claims by documenting any worker actions that are contributing to the accident.

Claim agents work closely with the railroad's legal department and insurance personnel to develop defense strategies. They collect information during investigations that becomes part of the railroad's case if a worker files a claim. In many cases, workers' statements to claim agents can be used later to dispute their account, dispute the extent of their injuries, or to argue that worker negligence caused the accident.

Why injured workers should exercise caution

Railroad workers who speak with claim agents without legal representation risk providing information that damages their future claims. Claim agents may ask leading questions, request broad medical releases that go beyond the workplace injury, or encourage workers to sign settlement agreements before understanding the full extent of their injuries and damages.

The statements workers give to claim agents can be taken out of context or used to contradict later testimony. Medical authorizations signed at a claim agent's request may allow the railroad to access unrelated health information that it uses to argue pre-existing conditions caused the harm rather than workplace negligence.

Our attorneys provide legal assistance to injured railroad workers

Our attorneys have extensive experience dealing with FELA claim agents and protecting injured workers from tactics that undermine valid claims. Railroad claim agents begin working on behalf of the company as soon as a railway injury occurs, so having legal representation ensures someone is advocating for your interests with equal urgency. Before providing statements or signing documents presented by railroad claim agents, contact Environmental Litigation Group and let our attorneys take care of your rights to full compensation.