Train Accident Lawyers: FELA Injuries: Mark Baran, Donald J. Kral, and Brian Reddy

Serving Ohio, New York, and Pennsylvania Reviewing Train Accidents, Train Derailments,
Railroad Injuries, and FELA Injury Cases
Nationwide with Co-counsel

FELA Injuries

The Federal Employers Liability Act ("FELA") was first enacted on April 22, 1908 as 45 U.S.C.A. 51. As 2008 is the law's 100th anniversary, it is worth reflecting on the law's history and purpose. Supreme Court Justice Douglas explained that the Federal employers Liability Act ("FELA") was designed "to put on the railroad industry some of the cost for the legs, eyes, arms, and lives it consumed in its operations."

The statements of Justice Douglas are strongly supported by the legislative history of the FELA that contains the following language: "[T]he employers' liability law ... places such stringent liability upon the railroads for injuries to their employees as to compel the highest safeguarding of the lives and limbs of the men in this dangerous employment. The tremendous loss of life and limb on the railroads of this country is appalling." 45 Cong.Rec. 4041 (1910).

All railroad employees faced with the evolving demands of today's railroad environment that include:

A reduced work force
Bigger trains with smaller crews
Old, poorly maintained equipment
Time pressure
Temotely operated locomotives
Inexperienced coworkers
24 hours a day 7 days a week on call
A dominent management emphasis on absence of injuries meeting FRA reportable criteria, etc.

Railroaders should remember that despite the railroad industry's repeated concerted efforts to abolish the protections of the right to a jury trial provided by the FELA, this law stands to protect individual railroad workers and
their families.

Because the law is now almost 100 years old the railroad industry has many years experience fighting injury claims.
Through their own efforts and the industry lobbying group, the Association of American Railroads ("AAR"), railroads have developed highly sophisticated risk management departments. These departments employ highly trained claim agents who work closely with railroad defense lawyers to investigate injuries and present evidence in such a way as to defeat an individual worker who brings a claim for injuries hoping the railroad worker, or the family, will be outmatched without the assistance of experienced and knowledgeable FELA counsel to
inform them of all their legal rights and remedies.

As soon as an employee is injured the process starts. Steps taken by the railroad risk management department andits lawyers may include the following:

The claims department will pull the workers personnel history
Railroad representatives will look for ways to see if charges can be brought against the worker for "safety" rule violations;
A nonindependent investigation will be undertaken to determine if there is anything at the scene that the claims department believes can create a shift of responsibility to the injured railroad worker;
Skewed photos or videos favoring the railroad will be secured;
Coworkers will be interviewed and signed statements will be taken;
The injured worker may be taken to a designated railroad medical clinic and questioned about the occurrence before any medical care is provided; and
Designated railroad doctors may be discouraged from providing prescription medication or providing certain treatments to avoid FRA injury reporting criteria.

This is by no means an exhaustive listing of measures that may be taken and hardly representative of a fair process for the injured railroad worker or their family.

To protect your rights and your family's security it is important that you understand the railroad claims process and what your rights and obligations are if involved in an on duty injury. FELA inury attorneys Reddy Baran & Kral can explain this process to you. The lawyers at Reddy Baran & Kral have a combined 25 years of experience litigating and trying cases against railroad corporations for injuries or death caused by their carelessness. We pride ourselves on our availability to assist injured workers no matter what the day or time as we understand that the work hours of railroaders include all hours of the day and night throughout the year. You can call us anytime for a no obligation, no pressure consultation. We limit the number of cases we take so as to provide each case the attention it deserves. If we take your case it will be handled directly by one of our experienced partners who will be available throughout the litigation process to update and advise you on the progress of your case. When cases are taken, any decision about whether to accept a settlement offer or proceed to a jury trial is entirely the right of our client. Of course we will offer advice and guidance to assist you throughout the process.