Top 5 Mistakes Railroad Workers Make When Filing FELA Claims
Few workplace accidents expose railroad workers to such serious and unusual risks as railroading. That is why Congress enacted the Federal Employers’ Liability Act (FELA) in 1908, giving injured railroad employees the right to sue their carrier for full, uncapped damages—a very different system from state workers’-compensation schemes. Yet every year we still see otherwise valid claims derailed by avoidable errors. Below are the top five mistakes railroad employees make during the FELA claims process and—more importantly—how to sidestep them.
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Mistake #1: Failing to Report the Injury Immediately
Railroads require prompt accident reports. When a conductor or track laborer tries to “tough it out,” management gains two arguments: (1) the event never happened, or (2) the injury arose off-duty. Under FELA the worker bears the burden of proving the railroad’s negligence caused the harm. A contemporaneous report signed by supervisors and co-workers supplies indispensable corroboration.
Delay also jeopardizes medical proof. Soft-tissue problems such as herniated discs—the kind that often lead to substantial FELA back injury settlements—rarely appear on X-rays taken weeks later. Insist on visiting the emergency department or occupational clinic the same day, describe every body part that hurts, and request copies of all records. Early documentation strengthens future negotiations over railroad injury settlement amounts and shields you from claims of malingering.
Mistake #2: Giving a Recorded Statement Without Counsel
Claim agents are trained interrogators. Their questions seem friendly, but each answer is mined for phrases that can slash railroad settlements later—for example, “I’m feeling better” or “maybe I should have watched my footing.” Once recorded, the statement is admissible in court.
Before speaking, consult the best railroad injury lawyer who understands carrier tactics. Counsel will insist on written interrogatories instead of taped interviews and can correct misleading questions on the spot. If management refuses, politely decline and refer them to your attorney. This single decision often saves tens of thousands of dollars in eventual FELA case settlements.
Mistake #3: Allowing the Railroad to Choose Your Doctor
Under FELA, railroad workers may pick their own physicians. Railroad-designated clinics sometimes downplay injuries or attribute them to “degeneration.” Those opinions, if unchallenged, can torpedo claims for fair railroad shoulder injury settlements and future wage-loss benefits.
Choose an independent orthopedist or neurologist experienced with workplace trauma. Supply the doctor with a clear accident history, photographs of unsafe conditions, and the precise physical demands of your craft. Ask the physician to state—in writing—that the accident aggravated or caused the condition “to a reasonable degree of medical certainty.” Such opinions routinely persuade juries and drive up railroad injury settlements nationwide.
Mistake #4: Missing the Three-Year Statute of Limitations
Section 56 of FELA imposes a strict three-year filing window. Workers who rely on ongoing talks with claim agents often discover—too late—that negotiation does not toll the deadline. Courts dismiss out-of-time lawsuits no matter how strong the negligence proof.
Retaining counsel early lets you monitor the calendar, gather engineering reports, issue spoliation letters, and, if needed, draft a complaint well before the clock runs out. When Cahill & Perry, P.C. Attorneys at Law filed suit for conductor Neil Pace weeks before expiration, aggressive discovery led to a $2.67 million verdict against Amtrak —an outcome impossible had the claim been untimely.
Mistake #5: Undervaluing Future Losses and Retiree Rights
Railroads commonly tender early offers that cover current medical bills but ignore long-term disability, lost pension credits, and fringe benefits. Federal Railroad Retirement Board (RRB) annuities are wage-based; an injured carman who cannot finish his career may forfeit hundreds of thousands in lifetime income.A seasoned railroad injury attorney will calculate projected wage growth, overtime patterns, and Tier II credits, then retain vocational economists to quantify the deficit.
Maximize Your Railroad Settlements with Cahill & Perry, P.C. Attorneys at Law
Cahill & Perry, P.C. Attorneys at Law blends nearly fifty years of courtroom success with a track record that includes multimillion-dollar verdicts for conductors, linemen, and yardmasters, proving that meticulous case preparation—and swift action—turns injuries into just compensation; contact us today for a comprehensive consultation and let our New Haven, CT trial lawyers secure the railroad settlements you deserve.
