Disclaimer: This app provides general information only and does not create an attorney-client relationship. Always consult with a qualified legal professional regarding your specific case.
Railroad Injury Resource Center
What should I do first?
1. Get medical care
Your health comes first. Tell the medical provider exactly how the injury happened, where you were working, what task you were performing, and what symptoms you are experiencing.
2. Report the injury
Report the injury through the proper railroad channels. Keep a copy of anything you complete or receive, including injury reports, emails, text messages, or written instructions.
3. Write down what happened
As soon as you can, write down the date, time, location, job task, weather, lighting, equipment involved, unsafe condition, and names of anyone who saw what happened.
4. Photograph the scene
If it is safe to do so, photograph the area, tools, equipment, track conditions, walkway, lighting, debris, vehicle, or anything else that may help show what caused the injury.
5. Save witness information
Write down names, phone numbers, job titles, and what each person saw or heard. Witness memories fade quickly, so this information can become important later.
6. Be careful with statements
Statements to claim agents, supervisors, or investigators may matter later. Avoid guessing or minimizing your injury. Do not give a recorded statement unless you understand your rights.
Before signing anything
Be cautious with releases, settlement paperwork, written statements, medical authorizations, or forms you do not fully understand.
Railroad Injury Resource Center
Claim Checker
STEP 1 OF 7
Railroad Injury Resource Center
Potential FELA Claim Review
Potential claim issues identified
Based on your answers, your situation may warrant further review under FELA.
Recommended next steps
- Preserve medical records and work restrictions.
- Save photos, videos, reports, and communications.
- Write down witness names and contact information.
- Keep copies of injury reports and claim paperwork.
- Be cautious before signing anything.
- Consider speaking with a railroad injury attorney.
Railroad Injury Resource Center
FELA vs Workers' Comp
What is FELA?
FELA stands for the Federal Employers’ Liability Act. It is a federal law that applies to many railroad workers injured on the job.
The key difference
Workers’ compensation usually does not require proof of fault. FELA claims often focus on whether railroad negligence played any role in causing or contributing to the injury.
Workers' Comp
No-fault system in many industries. Benefits may be limited by state law.
FELA
Federal railroad injury law. Negligence, evidence, damages, and case facts matter.
Examples of negligence issues
- Unsafe equipment or tools
- Unsafe walkways, ladders, ballast, or work areas
- Poor lighting or unsafe weather procedures
- Lack of training or supervision
- Unsafe work methods
- Coworker negligence
- Failure to follow safety rules
Types of damages that may matter
Depending on the facts, a FELA claim may involve medical expenses, lost wages, future earning capacity, pain and suffering, permanent limitations, and the long-term impact of the injury.
Railroad Injury Resource Center
Claim process
1
Injury occurs
Document what happened as soon as possible.
2
Medical treatment
Medical records help connect the injury to the incident and show the seriousness of the harm.
3
Report and paperwork
Injury reports, statements, and railroad forms may become important evidence.
4
Evidence review
Photos, witnesses, equipment information, safety rules, and work conditions may be reviewed.
5
Claim evaluation
An attorney can review whether railroad negligence may have contributed to the injury.
6
Settlement discussions
Some cases may resolve through negotiation once the facts, injuries, and damages are understood.
7
Lawsuit if needed
If the claim cannot be resolved, filing a lawsuit may become necessary.
Railroad Injury Resource Center
Documents to save
Injury report
Save a copy of any report you complete or receive. Note when it was submitted and who received it.
Photos and videos
Photograph the scene, equipment, tools, walkways, lighting, weather conditions, vehicles, visible injuries, and anything that may change later.
Witness information
Save names, phone numbers, job titles, locations, and what each witness saw or heard.
Medical records
Keep ER records, discharge papers, imaging reports, prescriptions, therapy notes, referrals, bills, and work restrictions.
Lost wage information
Save pay stubs, missed work dates, overtime history, benefit information, and any documentation showing reduced income.
Railroad communications
Save texts, emails, letters, voicemail notes, claim agent messages, supervisor instructions, and disciplinary notices.
Equipment or location details
Write down equipment numbers, vehicle numbers, track location, milepost, yard location, tool names, or machine details if relevant.
Personal injury journal
Keep a private record of pain levels, missed work, medical appointments, physical limits, missed family activities, sleep problems, and how the injury affects daily life.
Railroad Injury Resource Center
Common mistakes
Giving a recorded statement too quickly
Statements can be used later. Be careful about guessing, minimizing symptoms, or answering questions before you understand the purpose of the statement.
Waiting too long to get treatment
Delays in treatment can make it harder to connect symptoms to the incident. If you are hurt, get evaluated and follow medical advice.
Not documenting the scene
Conditions can change fast. Photos, videos, and notes can help preserve what the area looked like at the time of the injury.
Throwing away paperwork
Keep reports, medical records, letters, text messages, emails, and anything connected to the injury.
Assuming workers’ comp rules apply
Railroad injury claims are often handled differently under FELA. Do not assume the same rules apply.
Posting about the injury online
Social media posts, photos, comments, and activity can be misunderstood or used against you later.
Signing documents you do not understand
Releases, settlement forms, medical authorizations, and written statements may affect your rights.
Railroad Injury Resource Center
Whistleblower claims
What this means
Railroad whistleblower issues may involve reporting injuries, raising safety concerns, refusing unsafe work, reporting hazardous conditions, or facing retaliation after protected activity.
Examples of retaliation concerns
- Discipline after reporting an injury
- Threats after raising safety concerns
- Reduced hours or unfavorable assignments
- Pressure not to report an injury
- Harassment after protected activity
What to save
Save emails, texts, discipline notices, witness names, reporting forms, safety complaints, injury reports, and any timeline showing what happened before and after the report.
Act quickly
Whistleblower claims may have short deadlines. If retaliation is involved, speak with an attorney as soon as possible.
Railroad Injury Resource Center
Red flags
Call quickly if...
You suffered a serious injury, surgery is recommended, the railroad blames you, or a claim agent asks for a recorded statement.
Settlement offer
If you receive a settlement offer early, do not assume it covers the full value of your claim or future medical needs.
Discipline after injury
If you are disciplined, threatened, investigated, or treated differently after reporting an injury, whistleblower issues may exist.
Pressure not to report
Pressure to avoid reporting an injury or safety concern should be documented immediately.
Railroad Injury Resource Center
Injury types
Back and neck injuries
Often connected to lifting, falls, vibration, unsafe equipment, or repetitive work. Save imaging, restrictions, and pain notes.
Shoulder and knee injuries
Can involve slips, trips, climbing, lifting, awkward positions, or equipment incidents. Document the task and physical movement involved.
Hearing loss
May develop over time from repeated noise exposure. Save hearing tests, work history, and noise exposure details.
Repetitive trauma
Some injuries build gradually. Keep notes about job tasks, frequency, tools used, and when symptoms began.
Slip, trip, and fall injuries
Document ballast, walkways, lighting, weather, debris, footwear, and surface conditions.
Vehicle or equipment injuries
Save equipment numbers, vehicle numbers, inspection issues, maintenance concerns, and witness names.
Railroad Injury Resource Center
Safety violations
Unsafe ballast or walkways
Poor footing, uneven surfaces, debris, and unsafe walking areas may matter.
Poor lighting
Low visibility in yards, shops, tracks, or work areas can contribute to injuries.
Defective tools or equipment
Broken, poorly maintained, or unsafe equipment should be documented immediately.
Inadequate training
Lack of instruction, supervision, or safe procedures may become important.
Unsafe work procedures
Rushed work, understaffing, unsafe methods, or ignoring safety rules may support a claim review.
Failure to enforce safety rules
If unsafe practices were known or ignored, write down who knew and when.
Railroad Injury Resource Center
FAQ
Is FELA the same as workers' comp?
No. FELA is different and usually involves looking at whether railroad negligence contributed to the injury.
Do I have to prove the railroad did something wrong?
FELA claims often involve showing that railroad negligence played some role in causing or contributing to the injury.
What if I was partly at fault?
Fault issues can be complicated. Being partly blamed does not automatically mean you have no claim.
Should I talk to a claim agent?
Be cautious. Statements can matter later. Consider speaking with an attorney before giving detailed or recorded statements.
Should I sign documents?
Do not sign anything you do not understand. Releases, statements, and settlement documents may affect your rights.
What if nobody witnessed the injury?
Witnesses can help, but other evidence may also matter, including photos, reports, medical records, and unsafe condition evidence.
What if my injury developed over time?
Some injuries are sudden, while others develop from repeated work conditions. The facts, timing, and medical evidence matter.
Can social media affect my claim?
Yes. Posts, photos, comments, and activity may be reviewed or misunderstood. Be careful about posting injury-related information.
What if I already reported the injury?
Keep copies of anything submitted or received. If you are unsure what you signed or said, attorney review may help.
What if I already signed something?
Save a copy and have it reviewed. The effect of the document depends on what it says and the surrounding facts.
Can I choose my own doctor?
Medical treatment issues depend on the circumstances. Get appropriate care and keep copies of all records and restrictions.
What if I was disciplined after reporting an injury?
That may raise whistleblower or retaliation concerns. Save all paperwork and speak with an attorney quickly.
How long do I have to bring a FELA claim?
Deadlines can be very important. Do not wait to get advice about your specific situation.
What if the railroad says it was my fault?
Do not assume the railroad’s position is the final answer. Negligence and fault issues require fact-specific review.
What should I bring to a consultation?
Bring reports, photos, medical records, witness names, claim agent communications, and any documents you signed.
Can the railroad fire me if I hire a lawyer?
Hiring a lawyer by itself should not be treated as wrongdoing. If you are threatened, disciplined, or treated differently after asserting your rights, save all documentation and speak with an attorney.
Does FELA cover railroad office workers?
FELA may apply to railroad employees injured while working in furtherance of the railroad’s business, but coverage depends on the worker’s role, employer, job duties, and facts of the injury.
What if the railroad sends me to their doctor?
Get appropriate medical care and keep copies of all records. If you are unsure about treatment options or pressure from the railroad, ask for legal guidance.
What if my symptoms get worse later?
Follow up with a medical provider and document changes in symptoms. Delayed or worsening symptoms can still matter.
Should I accept the first settlement offer?
Be careful. Early offers may not account for future treatment, lost wages, permanent restrictions, or long-term effects.
What happens if my case goes to trial?
If a claim cannot resolve through negotiation, a lawsuit may proceed through discovery, depositions, motions, and possibly trial.
Railroad Injury Resource Center
Video resources
▶
What Is FELA?
Short overview of railroad injury claims.
▶
What To Do After An Injury
Steps to protect your health and claim.
▶
Common Mistakes
What injured workers should avoid.
▶
Claim Agent Questions
Why statements and paperwork matter.
▶
Whistleblower Claims
Retaliation, safety reports, and protected activity.
▶
Documents To Save
What to keep after an injury.
Railroad Injury Resource Center
Glossary of terms
Appeal
A request for a higher court to review a legal decision.
Claim Agent
A person who may contact an injured worker about the incident, reports, statements, or settlement discussions.
Comparative Fault
A legal issue involving whether the injured worker is alleged to share responsibility for the injury.
Complaint
The document that starts a lawsuit and states the injured person’s claims.
Damages
Losses that may be claimed, such as medical expenses, lost wages, pain and suffering, or reduced earning ability.
Defendant
The person or company being sued.
Deposition
Sworn testimony given outside of court, usually recorded by a court reporter.
Discipline Hearing
A workplace proceeding involving alleged rule violations or discipline.
Discovery
The process where parties exchange information, documents, and testimony during a lawsuit.
FELA
Federal Employers’ Liability Act, a federal law involving many railroad worker injury claims.
Functional Capacity Evaluation
A test used to evaluate physical abilities and work-related limitations.
Future Earning Capacity
The effect an injury may have on a person’s ability to earn income in the future.
Impairment Rating
A medical assessment of permanent loss or limitation.
Interrogatories
Written questions exchanged during discovery.
Litigation
The lawsuit process.
Lost Wages
Income missed because of the injury.
Maximum Medical Improvement
The point where a medical condition has stabilized as much as expected, even if symptoms remain.
Mediation
A settlement meeting led by a neutral mediator.
Medical Restriction
A doctor’s limitation on what work or physical activity an injured worker should perform.
Negligence
A failure to use reasonable care. In FELA cases, the question is often whether railroad negligence contributed to the injury.
Plaintiff
The person bringing the claim or lawsuit.
Protected Activity
Activity that may be legally protected, such as reporting a safety issue or injury.
Release
A document that may give up legal rights or resolve a claim. Do not sign one without understanding it.
Retaliation
Negative action taken against a worker after protected activity.
Settlement
An agreement to resolve a claim without trial.
Subpoena
A legal order requiring testimony, documents, or other evidence.
Verdict
The decision reached by a jury or judge after trial.
Whistleblower Claim
A claim involving retaliation or adverse action after reporting safety concerns, injuries, or protected activity.
Workers' Compensation
A system used in many industries that provides benefits for workplace injuries regardless of fault. Railroad workers covered by FELA generally follow a different legal process than traditional workers' compensation claims.
Railroad Injury Resource Center
Contact Wilkes & Mee
Before signing anything
Speak with a lawyer before signing documents, giving recorded statements, or accepting a settlement.