Christopher M. Murphy Railroad Accidents Law Blog on Lawyers.com

Understanding FELA Lawsuits or Claims Process
Railroad workers are entitled to make a claim to the Federal Employers’ Liability Act (FELA) if they have been injured while working on-the-job and it can be proven that the railroad service was liable, either fully or partially.  Making a claim to FELA can be complicated, but understanding the steps for a FELA claim and/or lawsuit can help.  However, an attorney specializing in railroad law can be your best asset when making a FELA claim.  At Doran & Murphy, LLP, our attorneys have successfully litigated FELA lawsuits or those workers injured in the railroad industry.

1.  Follow the guidelines of the railroad service.
Each railroad service may have specific guidelines for reporting an accident.  If you are unsure how to file an accident report, speak with your manager or a representative from the human resources department.  It is best to be completely honest on the report even if another co-worker was liable for your accident.  Any false information or incomplete information could negatively affect your claim.

2.  Gather information relevant to your claim.
In order to make a claim, it is best to have as much information that is pertinent to your case in order to help you build a stronger case.  You will need to recount your side of how the accident happened.  If there were any witnesses, you will need their names, addresses, and phone numbers.  If possible, photograph where the accident occurred and the surrounding area.  If you cannot do it yourself, a co-worker may be willing to do this for you.  Any written documents corroborating your claim would also be helpful.

Your attorney will interview all of your witnesses and create written statements.  It may be helpful to your case to hire expert witnesses to help prove liability against the railroad service.  Some expert witnesses may be medical personnel who will be able to give expert testimony regard the extent of your injuries and how these injuries could affect you for the rest of your life.

3.  Should I choose mediation?
Some FELA claims may go thru a mediation process before going to trial.  During the mediation process, a court appointed mediator will work with the railroad worker and the railroad service and attempt to help both parties come to a settlement without going to trial.  The mediator does not look at any evidence, does not hear any testimony, nor does the mediator make any decisions regarding the case. 

4.  Finally, the trial.
If a settlement cannot be reached during mediation, then the case will go to trial.  FELA trials are heard by a jury.  The jury will then decide liability and any damages that may be collected by the plaintiff.

This article has been provided by FELA attorneys:
Doran & Murphy, LLP
Buffalo, NY
800.374.2144