Because the FELA is different than worker's compensation laws or other injury laws, claims that fall under the FELA require very specific legal knowledge. Listed below is information that pertains to all FELA inury cases regardless of the individual injury or disease.

Because of the danger of railroad work, the U.S. Congress passed the Federal Employers' Liability Act (FELA) in 1908. It is a law designed to protect the rights of railroad employees injured on the job. The FELA places liability on the railroads for work-related injuries or deaths sustained by their workers and caused, in whole or in part, as a result of the railroad's negligence or the negligence of its employees.

1. Keep records of all expenses associated with your case. Get receipts or bills for all medical, hospital, drug or dental expenses.

2. Keep records of dates of all absences from your employment.

3. Notify this office when you are diagnosed with a new injury or are prescribed new treatments or surgery.

4. Notify this office immediately upon change of address or telephone number.

5. Forward all correspondence concerning your case directly to this office and notify us immediately if anyone contacts you about the case.

6. Other than your own doctor and those people from this office who properly identify themselves, do not talk to anyone, including your family and friends, with reference to the facts of your case.

7. Our purpose is to protect your interests and obtain a fair and reasonable recovery in your case as soon as possible. Your cooperation is very important. Please call our office if any problems or questions arise in your case.

If you are having physical difficulty performing the required functions of your job, you should contact your family doctor for an appointment to discuss the possibility of a disability retirement.  At the appointment, you should provide your railroad work history which includes a full description of your required job duties as well as the physical difficulties you are having with your job tasks.  Your family doctor may prescribe medication, a physical therapy treatment plan and/or refer you to a specialist for other treatment.   If your doctor or doctors do not believe you can continue to work in you regular railroad job, they will provide you with disability restrictions so that you can go off work and apply for RRB and supplemental sickness benefits.  As soon as your doctor has permanently restricted you from working in your regular railroad job and you go off work, you should also immediately apply for disability retirement with the RRB. You can apply as soon as you go off work, you do not need to wait.

To expedite filing for a disability annuity, you or a family member should call or write the nearest Railroad Retirement Board (RRB) field office to schedule an appointment. To locate the nearest RRB office visit the RRB Web site at http://www.rrb.gov, or call the toll-free HelpLine at 1-800-808-0772. For the appointment, bring in any medical evidence in your possession and any medical records you can secure from your treating physicians.

There are two ways in which you may qualify for a disability annuity:

If you are unable to work in any kind of regular job, you may qualify for a total and permanent disability annuity.  To receive a total and permanent disability annuity, you must stop all work, and:

The FELA specifies that you have three (3) years from the date you knew or should have known that you suffered from any work-related injury or disease in which to bring a cause of action against the railroad. After that date, you are forever barred from filing a complaint in any court for that work-related injury or disease.

It is always in your best interest to get legal advice promptly!