Railroad Injury FELA

If you have suffered an on-duty railroad work injury, then you have rights under the Federal Employers’ Liability Act, FELA, that protects you for your on-duty work injury. Our office focuses on protecting railroaders’ rights under the FELA, which allows railroaders to file a claim against their carriers to recover past and future lost wages, pain, and suffering, past and future medical expenses, past and future benefits, and loss of enjoyment of life. Railroaders’ injuries can include spine injuries to the neck, back and lower back, traumatic brain injuries, amputations of limbs, burn and explosion injuries, trauma, stress, and body vibration (cumulative trauma), Post-Traumatic Stress Disorder (“PTSD”) and emotional injuries, workplace exposure and cancer, and even wrongful death.

Poolson | Oden is a top railroad injury law firm in Louisiana, representing clients nationwide, including Louisiana, Texas, Mississippi, Alabama, Florida, and Arkansas. As a law firm, our goal is to educate and protect our clients by leading from difficult situations to successful outcomes so our clients can move forward with their lives.

On-duty railroad injury: what to do first?
After an on-duty railroad accident, the most important thing to do is get the medical care you need from your doctors. You DO NOT have to see the railroad’s “doctor,” and you can pick the doctor of your choice. Seeing a company-chosen doctor can be one of the worst decisions you make regarding your claim. The reason is simple–to determine how badly injured you are, it takes running tests; a doctor that wants more business from a large railroad company will not want to run the bill up on that railroad company, and he may be reluctant to recommend expensive tests for you. It’s easier for him to delay you and wait and watch in the hopes you may get better than to actively run expensive tests to ensure you know the full extent of your injuries.
Do I have to give a statement to railroad claims?
DO NOT give a statement to the railroad claims agent or any supervisor/manager until you have sought counsel from your lawyer or union representative. Nothing under the law requires that you give a recorded or written statement to the railroad’s claim agent. You are not legally required to provide any recorded statement, and when your railroad claims agent asks for one, this should raise a bright red flag — he is looking out for the railroad and not you!
Do I have to see the railroad company doctor?
You don’t need to see a doctor recommended by the railroad. You can see whatever doctor you choose.

That is your right to choose your doctor under the injury and whistleblower laws. If the claims agent or your supervisor tells you that you have to see someone they recommend, please know that that is entirely false.

Seeing a company-chosen doctor can be one of the worst decisions you make regarding your claim. The reason is simple: to determine how badly injured you are, it takes running tests; a doctor that wants more business from a large railroad company will not want to run the bill up on that railroad company, and the supervisor may be reluctant to recommend expensive tests for you. It’s easier for him to delay you and wait and watch in the hopes you may get better than actively run expensive tests to ensure you know the full extent of your injuries.
Should I fill out the personal injury report?
YES, you need to fill out your injury report as soon as possible after your injury, as almost all railroads have rules that require their employees to fill this report out as close to the accident as possible. Ideally, you need to fill out the personal injury report before you leave the yard and go to the accident scene if possible.

However, you do not have to complete a personal injury report until you are capable in body and mind. Suppose you are in shock, pain, in the hospital undergoing treatment, or taking medications that could affect your ability to complete the report competently. In that case, you can agree to fill out the information later. Again, if you cannot fill it out at the hospital, you can always wait to do it. A supervisor doesn’t have to do it immediately at the hospital. They don’t need to put words in your mouth. You don’t need to allow them to fill it out for you. You can say once you feel up to it, you will immediately fill it out.
How do I cover my expenses when I’m out of work?
Immediately after going to the doctor, file for your railroad retirement board sickness benefits.

As a railroad worker, you’re putting money into the railroad retirement board from every paycheck you get. Many of that is for retirement once you get your 20 or 30 years in. You can start drawing from that retirement plan with the railroad retirement board, but you are entitled to sickness benefits in addition to those benefits. It’s essential to apply for those as soon as you see your doctor because it takes some time for those benefits to come in.
How long do I have to claim an on-duty railroad injury?
Under the Federal Employers’ Liability Act (FELA), you have three years to file a claim.

That’s the strictly legal answer; however, the sooner you bring your claim, the greater likelihood you will receive a higher settlement. The value of your settlement is driven by two things: showing your company bears some or all the responsibility for your injury and proving your injury through solid medical evidence.

The sooner you file your claim, the sooner your attorneys can start gathering evidence to show why your injury happened, and the sooner you can get to medical providers who will actively seek out what injuries you may have suffered. This generally takes running tests, and company-chosen doctors often delay or refuse to run such tests.

Unfortunately, because of the way the laws are set up, your employer becomes adverse to you once you are injured. As soon as you’re injured, the railroad wants to make sure they’re not at fault for that injury to limit the recovery that you may have.
Am I covered under state worker’s compensation?
Railroad workers have unique rights that are not the same as workers’ compensation.

With Workers’ Comp, there is no necessity for someone to be at fault in order for you to recover, but there’s a limited recovery that you can have under Workers’ Comp. The benefits are usually a fixed amount and normally undercompensate an injured worker, as workers’ compensation provides no compensation for pain and suffering and only partial wages.

Are you suffering from loss of consciousness, memory loss, amnesia, confusion, or disorientation? Have your moods been changing more so after hitting your head?

A railroad worker can suffer a traumatic brain injury even if his or her skull doesn’t come into contact with an object. This is referred to as a coup and contrecoup brain injury. The brain can move around inside the skull with some degree of freedom, despite being fixed at specific locations. A person with a severe brain injury may not be able to walk, hold down a job, concentrate, think coherently, or even feed themselves. The patient is not the only one affected by brain injury; it also severely impacts the patient’s family.

Amputations change a railroader’s entire life and way of being, which can cause despair, shame, and a lack of social desires. The anguish and harm to the victim’s capacity to support himself and his family make losing a limb—a hand, arm, leg, or worse—catastrophic. Amputees may require assistance with relatively basic tasks. Many will have to purchase a costly prosthetic foot, leg, hand, or arm. It is possible to adjust to amputation; however, amputees frequently describe problems such as phantom pains. All of these factors make it extremely important to seek legal counsel as soon as possible after an event that results in amputation, to discuss your options for your on-duty railroad injury.

Explosions and burn injuries can happen to anyone working in the railroad industry. Railroaders should trust that their environment has been kept safe, even when working with combustible gas and chemicals. We have helped railroaders who have suffered in explosions, burn injuries, and even fatalities. Burn injuries, if not fatal, can result in excruciating agony and suffering. Determining the cause and going against the carriers requires a thorough and detailed investigation following the destruction that an explosion or fire may leave. Various elements may be at play while determining the cause of an explosion or fire. Severe burn injuries can emotionally and physically impact a person’s life. All of these factors make it extremely important to seek legal counsel as soon as possible after an explosion or burn injury.

Railroaders’ injuries can occur in the blink of an eye. Many of our clients are hard-working railroaders who have worked all their lives to provide for themselves and their families. It is extremely difficult to admit to yourself or your loved ones that you may be injured or hurt. It is admirable to be such a hard worker, even through soreness and pain. However, if you have suffered an on-duty injury to any part of your body, you must get the proper medical attention in order to get back to 100% and return to full form before it gets worse. Our attorneys have helped many railroaders through proper medical treatment to get well and return to the job they love – railroading. If you are not healthy and 100%, then you are only increasing the chance to cause further injury to yourself, or even worse, to someone else. If you think you have suffered an on-duty work injury, then please contact our office today to discuss your circumstances. The call/text is absolutely free with no charge to you. Our law firm is a resource for railroaders, and we are here to answer all your questions.

Railroaders can also suffer injuries over time. These injuries include cumulative trauma, repetitive stress, and whole-body vibration. Railroaders slowly suffer injuries to their muscles, spinal cord, nerves, joints, shoulders, hips, feet, knees, and bones after years of exposure to unsafe working practices and unsafe working environments. Railroaders who suffer these injuries often undergo multiple surgeries and may even become permanently disabled. If you think you have suffered an on-duty work injury, then please contact our office today to discuss your circumstances. The call/text is absolutely free with no charge to you. Our law firm is a resource for railroaders, and we are here to answer all your questions.

Cancer is a significant risk for railroad workers. Do you know why that is? Many railroad workers in America are exposed to diesel exhaust, asbestos, silica dust, round-up, etc., during their careers. All of those toxins cause many different life-threatening cancers. In addition, many non-smoking railroad workers are exposed to secondhand smoke, another recognized lung carcinogen. Because many railroad workers suffer decades of exposure to known carcinogens, they are tragically diagnosed with lung cancer at elevated rates. If you are sick and think you have been affected by workplace exposure to chemicals or toxins, please call us to discuss your rights.

When a railroad worker dies from injuries while working for the railroad, their family or estate representative may file a lawsuit under FELA (Federal Employers’ Liability Act) to recover certain financial compensation. The party filing the lawsuit is a personal representative of the decedent – typically a spouse or close family member. It is necessary to establish, as in other FELA injury claims, that the railroad’s negligence or a violation of a railroad safety law contributed to or caused the railroader’s death.

"My personal experience with Carisa Oden was fantastic. I couldn’t have picked a better attorney to represent me. I had a 2-year battle with an injury and she was always there for me anytime, day or night, and she was always honest with me about everything. She treated myself and my family with the utmost care and respect. I would recommend her anytime.”

Mike Zachary

"Danny and his team does an outstanding job representing clients. Not only is he a great listener, he personally makes himself available to answer questions and provide reassurance to clients and family members whenever needed. For professional standards, Danny sets the bar very high. Next time I need a lawyer, I want Danny on my team."

Dell Pearce

"I would highly recommend the Poolson Law Firm to anyone in need of a great attorney. Danny is very hard working and always wins cases. He is great and always available when I need him. He has personally come with me to make sure things have gotten signed and taken care of. He always answers my calls and emails in a very timely manner."

Kanaka Korrapati

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Railroad Injury FELA

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Railroad Injury FELA

Frequently Asked Questions

Spine Injuries

Traumatic Brain Injuries

Amputations

Burn and Explosion Injuries

Body and Extremities

Trauma, Stress, Body Vibration

PTSD and Emotional Injuries

Workplace Exposure and Cancer

FELA Wrongful Death

Mike Zachary

Dell Pearce

Kanaka Korrapati

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