FREQUENTLY ASKED QUESTIONS

Frequently Asked Questions About FELA

What is the FELA?

FELA stands for the Federal Employers' Liability Act. The U.S. Congress enacted this law in 1908 specifically to protect railroad workers who are injured or disabled while on the job.

What am I entitled to under the FELA?

If you are injured, you are entitled to recover compensatory damages, including, past and future lost earnings, medical expenses, decreased earning power, and past and future pain and suffering.

Does FELA cover occupational illness, cumulative trauma, or repetitive stress injuries?

Yes, however the statute of limitations varies with these types of claims. It is important to contact an attorney as soon as you believe you have a problem.

Can I see my own doctor?

Get the best medical care you can through your own doctors. You are not required to be treated by doctors suggested by the railroad.

How does FELA differ from workers’ comp?

FELA provides more remedies. Workers' compensation benefits tend to be fixed and arbitrary, and they may under-compensate injured workers. However, under the FELA, an injured railroad worker can recover all of the damages traditionally associated with a law suit, including all of lost wages and benefits, medical expenses, pain and suffering, and loss of enjoyment of life.

Should I complete a Personal Injury Report?

Yes. You are required to fill out the PIR, but you are not required to make any other statements. It is important to consult with an experienced FELA lawyer or union representative before making any statements.

What if I am intimidated from reporting my injury?

This type of coercion is illegal and should be reported to your union representative and your attorney. Keep details about the incident and any witnesses to it.

How much time do I have to file a claim?

You have three years to file suit or settle your claim under FELA, however there are complexities to statutes of limitations beyond the FELA.

What should I do if I am injured at work?

To protect your rights, it is vital that you:

• Report any accident/injury as soon as possible after it happens—do not allow anyone to tell you what to write—do not allow anyone to talk you into leaving out facts you think are important—report everything you know about the accident/injury
• DO NOT allow anyone—anyone-- to stop you from reporting an accident/injury
• Usually you will not be given a copy of the accident report after it is completed, so write your own detailed account of the accident—include the date & time of the accident, where it happened, the weather conditions, the names of all individuals who either witnessed the accident or were in the vicinity where it happened, and, most importantly all the events leading up to what happened
• Promptly seek medical attention from a doctor of your choice—in most instances, your regular family doctor is as good a choice as any
• DO NOT let anyone tell you that you are required to see the company doctor, before you see your own doctor. This is simply not true.
• DO NOT talk yourself out of a visit to the hospital or to the doctor, because you believe the pain from your injury will go away with time--it may just as likely get worse
• DO NOT talk yourself out of a visit to the hospital or to a doctor’s, because you feel that others at work will be unhappy with you—your health is one of the most important thing you have or own—take care of yourself
• DO NOT hide the fact that you were hurt at work from your doctor, because you don’t want a lost time accident at work or the crew you work with will loose their safety award
• Tell your doctor about any similar injuries which you may have suffered—even if it was long ago
• Tell your doctor about ever part of your body that was hurt in the accident—even if you think it is only a minor injury—or that the pain will go away
• Follow your doctor’s advise—if you are not sure—call your doctor after you arrive home and tell a member of his staff about your concerns and ask that the doctor call you
• If you have suffered an injury at work promptly learn about your legal rights—seek the advise and counsel of an experienced personal injury attorney who routinely handles offshore injury cases—in most cases, the initial consultation is free.
• DO NOT speak with a claims adjuster
• DO NOT speak with an investigator who represents the other side
• DO NOT—file for unemployment, if you are unable to work at regular duty
• Take photo’s if you are able of the accident scene or any tool or object involved in the accident/ask someone else to take photos for you of the accident scene or any tool or object involved in your accident
• Make a diagram of the accident scene as soon after the accident as you are able
• Keep a copy of all medical records which come in your possession after your accident/injury
• Keep a copy of all medical bills which come in your possession after your accident/injury
• If you miss time from work and have short /long term disability insurance—get all necessary forms from your disability insurance company—discuss these forms with your attorney—before filed
• Keep a record of your mileage –to and from--medical appointments—you may be entitled to be reimbursed for your travel expenses
• If your injury suddenly worsens call your doctor or go to the local emergency room without delay

What's my case worth?

This is not an easy question to answer. However, compensation—or money damages-- for your injuries or the death of a loved one depends on several factors, including how strong the case is on liability, the extent of your injuries, the amount and length of medical treatment, economic hardship or financial loss, decreased earning potential, physical impairment and/or disfigurement and the degree of the physical and mental pain and suffering. However, we will be happy to provide you with a free, no obligation, evaluation of your prospective personal injury claim. Our evaluation can only be as accurate as the information you provide us with. Once we receive the requested information, we will make every effort to contact you the very same day.

Will I be able to recover money even if I am partly at fault?

Yes. In most cases accident victims can recover money even if they are partly to blame for the accident.

Do I need a lawyer to obtain fair compensation?

Yes. If you have been seriously injured or a member of your family has died in a work accident —either offshore or onshore-- you should, without hesitation, promptly consult an attorney about your legal rights. Time is not on your side. Your employer and any other company involved in the accident started to investigate the accident within 24 hours after it happened. You can’t afford to wait—its just that simple. Larry Curtis offers injured workers and their families a free initial consultation to learn about all of your legal rights. Larry will meet with you personally and answer all of your questions. If you think he is the right lawyer for your case after you have meet him, Larry will promptly investigate your case and make sure that none of the evidence important to prove your case is lost or destroyed. Larry will get you every penny you deserve.

What kind of a lawyer should I hire?

You should hire an experienced lawyer who has a reputation for honesty and fair dealings. A lawyer who will prepare your case, as you would. A lawyer who will stand-up and fight for you and your family. A lawyer who has a proven track record of winning cases similar to yours.

What does it cost to hire a personal injury lawyer?

We accept personal injury cases on a percentage basis—1/3rd of what we recover--, because we understand that a family can be ruined, physically, emotionally, and financially, when a loved one is seriously injured or killed in an accident. Medical bills can quickly mount, and in many instances, there may be a loss of wages and benefits resulting in greatr financial hardship on the family. A contingency fee arrangement—no recovery-no fee-- allows you and your family to receive the legal help you need at a time you need it most. You only pay us a fee if we make a recovery on your behalf. Otherwise, you owe us nothing.

Will I have to go to court?

Probably not. Most personal injury claims are settled before trial. However, you should be prepared to go to trial if the offer before trial does not fully compensate you for your injuries or the damages which you have suffered.