If you’re a railroad worker, you’re probably familiar with FELA claims. You might wonder what exactly a FELA claim is and how filing one will benefit you. In this post, our highly trained FELA lawyers break down everything you need to know about FELA claims and how you can secure the compensation you deserve.
What is a FELA Claim?
FELA stands for the Federal Employers’ Liability Act. Enacted in 1908, this federal law provides a way for railroad workers to seek compensation for injuries sustained on the job. Unlike standard workers’ compensation, FELA allows injured workers to sue their employers for negligence, potentially leading to higher compensation.
Key Points About FELA Claims
While the legal statutes can be dense, the practical advantages of FELA over standard insurance are straightforward. Here are the core distinctions every worker should know:
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Exclusive to the Industry: These laws apply specifically to railroad workers, not the general public.
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Fault-Based System: Unlike “no-fault” workers’ comp, FELA requires proving employer negligence.
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Higher Potential Recovery: Because you must prove fault, payouts can be significantly higher than standard caps allow.
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Broad Coverage: It covers a wide range of injuries, including traumatic accidents and long-term occupational illnesses.
Understanding these basics is the first step, but it is equally important to know if your specific job role is covered under these federal protections.
Are You Eligible for a FELA Claim?
FELA protection isn’t limited to just conductors or engineers. If you are employed by a railroad company engaged in interstate commerce, the law likely covers you. We frequently represent:
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Yard Workers: Those managing the movement of cars and freight.
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Train Crew Members: Including engineers, conductors, and brakemen.
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Maintenance & Mechanical: Workers repairing tracks, signals, or engines.
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Office Personnel: Administrative staff working for the railroad.
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All Support Staff: Any other employee injured while furthering the railroad’s mission.
Remember, eligibility isn’t just about accidents; it also covers illnesses from toxic exposure or repetitive stress. However, having a valid claim is only half the battle—winning it requires the right legal partner.
How to Choose a Lawyer for Your FELA Claim
Because FELA claims operate under federal law rather than state workers’ compensation rules, a general personal injury lawyer may not be equipped to win your case. You need a specialist. When vetting firms, prioritize these factors:
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Specific Experience: Look for lawyers who have dedicated their practice to the intricacies of FELA law.
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Proven Track Record: Research their history of substantial verdicts and settlements in railroad cases specifically.
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Industry Resources: Ensure they have access to expert witnesses (like railroad safety experts and economists) to prove liability.
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Clear Communication: Choose an attorney who explains complex federal statutes in plain language.
Once you have identified a firm with these qualifications, the next step is simply reaching out. Many workers are nervous about this step, but knowing what to expect can put your mind at ease.
What to Expect When You Reach Out to a Lawyer
Don’t worry about high-pressure sales pitches or upfront costs. When you contact a reputable FELA firm, the initial process is designed to be educational and low-risk. Here is the typical workflow:
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Free Initial Consultation: We discuss your case at no cost to you.
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Case Evaluation: We review your injury details and employment history to verify the strength of your claim.
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Process Roadmap: We explain the FELA legal timeline so you know exactly what is coming next.
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Strategic Planning: We outline whether we believe a settlement or a trial is the best path for you.
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Contingency Fees: We explain our “no win, no fee” structure, meaning you pay nothing unless we recover money for you.
During this evaluation, one of the most critical questions we will answer—and the one likely on your mind right now—is regarding the potential financial value of your recovery.
What is My FELA Claim Worth?
There is no fixed price tag for an injury. Instead, we calculate the “total cost” of the accident on your life by analyzing a combination of economic and non-economic variables, including:
- Nature and severity of the injury
- Permanence of injuries
- Extent of work disability
- Ability to return to your occupation
- Past and future financial losses
- Degree of pain and suffering
- Pre-existing conditions
- Degree of railroad negligence
- Violation of safety regulations by the railroad
- Your potential contribution to the injury
We analyze these factors to build a maximum compensation model for your specific case. If you believe your situation fits these criteria, do not wait to get started.
Take Legal Action Today
When filing a FELA claim, time is of the essence. The sooner you act, the stronger your case can be. Seeking assistance from an experienced FELA attorney will significantly improve your chances of receiving fair compensation.
If you are an Illinois resident looking to file a FELA claim, contact GWC Injury Lawyers today. Call 312-999-9999 to schedule a free, no-obligation consultation. You may also click here to chat with a live representative.