The United States Supreme Court stated the following:

"Injured workers or their families often fall prey on the one hand to persuasive claims adjusters eager to gain a quick and cheap settlement for their railroad employers, or on the other to lawyers either not competent to try these lawsuits against the able railroad counsel or too willing to settle a case for a quick dollar."

This information is designed to acquaint you with your rights given to you by Congress and the Supreme Court of the United States. We hope it will be of benefit to you and your fellow workers.

If you should be injured, the future well-being of you and your family may depend upon your decision to obtain experienced legal assistance.

Willard J. Moody, Sr., attorneys, paralegals and investigators in the firm have more than one hundred years of combined experience in handling railroad injury claims. Willard J. Moody, Sr., and Moody, Strople, Kloeppel & Higginbotham, Inc., are listed in Martindale–Hubbell, a national publication that has selected the top five percent of the lawyers in America who have been placed in this distinct group. If you have questions or need advice, call our toll free number: (800) 368-1033.

Each year railroad workers by the thousands are injured or killed while on the job. The number of job accidents is increasing because of failure to provide safe working conditions. In many instances, injured railroad workers or their survivors are left to fend for themselves. All too often, the railroad companies, through claim agents, by waivers, and other methods, succeed in dodging their just and lawful responsibility.

Injured workers are entitled to, and should receive, their full compensation under the provisions of the Federal Employers' Liability Act.

Today, therefore, it is more important than ever that railroad employees know their rights. They should learn how to safeguard these rights when hurt on the job.

This will give you answers to some of the questions that arise most often.

Q. If I am injured on the job, do I have to fill out an accident report?

A. Most union rules require that an accident report be completed if you are injured on the job. The responsibility for filling out the report varies from craft to craft and railroad to railroad. Don't let the claim agent, or your foreman or any other railroad representative, put words in your mouth. If you are required to fill out the report, you should immediately contact your union representative and request assistance.

This is your first opportunity to state why the railroad caused your injury. Always ask yourself, what could the railroad have done to have prevented me from being injured? Could the work place have been safer? Were the tools furnished me sufficient to do the job? Did I have adequate help? Was I provided adequate training and supervision for the job I was required to do? Put down the unsafe condition or defective equipment involved on the accident report.

Q. Do I have to be treated by the company doctor?

A. No. The railroad wants you to go to its doctor because he reports to the railroad's lawyers and claims department. Then, the railroad, through its doctor, could decide how serious your injuries are and when you're able to return to work. You can and should go to the doctor of your choice to receive an unbiased, unprejudiced medical opinion and treatment. The railroad can require that you be examined by its doctor but it can't force you to receive treatment from their doctor. You have the right to select a doctor of your choice for treatment of your injuries.

Q. The railroad claim agent seems sincere. Why shouldn't I go along with him?

A. Always remember that the claim agent has one responsibility — and that is to save the railroad as much money as possible. With you, he will be sympathetic and understanding, telling you that he's looking out for you. Remember, however, his allegiance is to his employer - the railroad - not you. He is paid to protect the interest of the railroad. He is an experienced negotiator and investigator who has the legal staff of the railroad on call. While you are relying on his sincerity, he may be out conducting an investigation, taking crucial photographs and statements from witnesses to try to defeat your claim.

Q. The claim agent wants me to make a statement about the accident. I know what happened, so why shouldn't I?

A. You should never make an oral (recorded or not) or written statement to a claim agent or any other representative of the railroad without first talking to an attorney. The claim agent knows that you have been involved in an accident and probably has seen the accident report and knows what happened. Why then would he need a statement? If, in the process of giving a statement, you say something that indicates the railroad was free of fault or the accident was your own fault, the value of your case will decrease significantly. Can you afford to take that chance? Giving a statement will not help your claim and will only be used against you later.

Q. The claim agent says I don't need a lawyer, the railroad will be fair to me. Do I really need to get a lawyer?

A. Think of it this way: The whole time the claim agent is trying to talk you out of getting a lawyer, the railroad's lawyers have the opportunity to look into your injury and how it occurred. The railroad's lawyers are experts in these cases. Are you? If not, you need an expert on your side - your experienced FELA attorney such as those in the Moody Law Firm can guide you in the right direction.

Q. Claim agent has mentioned to me how hard jobs are to find these days, especially with the railroads’ mergers and layoffs. Will I lose my job if I get a lawyer to represent me?

A. The FELA not only prohibits that, it makes it a crime for anyone to threaten you or to take action against you for getting a lawyer to help you with your case. It is punishable by a fine of up to $1,000 or a jail sentence of up to a year or both.

Q. If I get a lawyer, won't I have to split the money I receive with my lawyer?

A. You'll have to pay your lawyer's fee, of course, but the Moody Law Firm charges fees approved by your union. The railroad company and its claim agents know this; that's why they try to talk you out of getting a lawyer, even though they are consulting their lawyers every step of the way.

Q. If I hire an attorney, will they have to sue the railroad?

A. Not necessarily, most cases are settled without a law suit ever being filed.

Q. If suit is necessary, where would the suit be filed?

A. Your attorney will select the location where your suit should be filed, based on several factors, all of which relate to insuring the best possible result for your case.

Q. How long do I have after an injury to file suit against the railroad?

A. You, or your family, in the event of your death, have three years from the date of the accident, or, if the accident is one where you don't know right away that you're injured, such as exposure to chemicals, three years from the time you have reason to know that you are injured. If your accident was caused in part by the negligence of someone or some company other than the railroad (for example, the manufacturer of a machine or piece of equipment), you may have to file suit within one year to preserve your claim. You should always consult with an experienced FELA attorney to see if you have a claim against another party.

Remember that the railroad will begin to investigate your case and to build its defenses the minute you are injured. Consult with an experienced FELA attorney promptly after your accident. This will give you the same advantage.

Q. How do I know how much money I should receive for my injury, or how much my family is entitled to in the event of my death.

A. An experienced FELA attorney, such as those in the Moody Law Firm, can advise you as to what you might expect, but, unless you decide, with your attorney's advice, to settle your case before trial, it will ultimately be up to the jury to decide in court.

Generally, if you are injured, you are entitled to money damages from the following:

1. The nature, extent, and duration of your injury;

2. The disability and disfigurement resulting from your injury;

3. The aggravation of any pre-existing ailment or condition;

4. The pain and suffering experienced and is reasonably certain to be experienced in the future as a result of your injury;

5. Reasonable expenses of medical care and the present cash value of reasonable expenses of medical care which may be necessary in the future;

6. The value of earnings lost and the present cash value of earnings reasonably certain to be lost in the future (including your reduced ability in the future to obtain alternative employment should you, for any reason, leave your job at the railroad);

7. In the event of your death, your family is entitled to damages for the following:

a. The pain and suffering experienced prior to death;

b. Reasonable expenses of medical care;

c. The value of any money loss suffered by your family and any money loss reasonably certain to be suffered in the future as a result of your death;

d. The money loss which you otherwise would have been entitled to after retirement from the Railroad Retirement Board had you lived your normal life expectancy and retired.

Q. What should I do first after being injured?

A. To the extent you are able, there are several things you should do right away.

1. You should get the names and addresses of everyone who saw the accident and the names and addresses of every member of your crew or gang.

2. Ask a trusted fellow employee to inspect the equipment or the work place that caused your injury immediately and to make a written notation of the date, time, location, and results of his inspection.

3. Make a note of the engine number or car number of any equipment that was involved in your injury.

4. Report the accident and injury immediately to your supervisor and to your union representative.

5. Do not give any statements, written or oral, to the railroad without first consulting with an experienced FELA attorney. Most have toll free telephones.

6. If you are required to fill out an accident report, do not let any representative of the railroad put words in your mouth. Get advice from your union representative or your experienced FELA attorney.

7. Know your rights. Do not accept the railroad's advice or decision as to how much money you are entitled to receive.

8. Consult an experienced FELA attorney for advice about your rights and obtain assistance in seeing that they're not violated.

Q. The railroad claim agent has said, "Give me a chance to settle with you before you get a lawyer." Why shouldn't I give him a chance? If I agree, what am I giving him a chance to do?

A. If you need advice, call the Moody Law Firm at 1-800-368-1033. You don't know how long you will be off work or how long it will take to recover from your injury. The longer it takes to get well, the longer time it is going to take to settle, because you certainly should not settle before you know if you will be able to work. If you can't return to work with the railroad, you need to find out how this injury has affected your ability to get another job. In the meantime, while you are giving the claim agent a "chance", the railroad is investigating your accident. The railroad will decide whether they want or need photographs or statements from witnesses. Equipment can be repaired or the scene of an accident can be changed. The evidence is getting cold and, every day that passes, the witnesses' memories grow dimmer. If the railroad chooses not to make photographs, you may be left with no way to adequately show the conditions which caused the injury. What the claim agent is asking for is not a chance to give you a fair settlement, based on the facts and your injuries; but, instead, he is asking for a chance to get a statement from you and then to begin his work designed to lower the amount of compensation which you receive. He will be working closely with as many lawyers and investigators that the railroad wants to put on your case. On the other hand, he asks you to "Give me a chance to settle", unaided by the legal advice to which you are entitled. You should ask yourself, wouldn't it be better for you and your family to "give yourself a chance" and have a lawyer from the Moody Law Firm working for your interests, and not those of the railroad.

Know Your Rights

Many railroad workers have been led to believe that when a worker is hurt on the job he is entitled only to "compensation." Most railroad claim agents usually tell the worker that "compensation" is a percentage of the time or wages lost. This is not true. The idea that an injured railroad worker is entitled only to wages lost is false. The fact of the matter is that railroad employees injured through the fault of the carriers are usually entitled, under the law, to receive much more than their lost time or wages.

When an employee of an interstate railroad is injured (or killed) at work, he or his survivors come under the protection of a law of Congress known as the Federal Employers' Liability Act (FELA). Under this Act, an injured railroad worker is entitled to recover not only the time or wages lost, but is also entitled to be paid all of his expenses for medical treatment, for pain and suffering undergone, and for any permanent injury, whether partial or total. If he is killed, his survivors are entitled to recover all damages, without any limit upon the amount, which they have suffered as a result.

The Law Says

A railroader is entitled to recover damages from his company under the Federal Employers' Liability Act, if the following facts exist:

(1) When the railroad he works for is engaged, even in small part, in interstate commerce; that is, it either runs across state lines or handles interstate freight.

(2) When injury to the worker is the result, even in part, of the negligence (carelessness) of any officer, agent or employee of the railroad, or the injury is caused by any defect in the cars, engines, appliances, machinery, track, road bed, or any other equipment of the railroad.

The railroads, under law, have a duty to provide safe places of work for their employees. They must also provide safe equipment, tools and proper working conditions for them. If any railroad fails to take these safety measures, or if the employee is injured through the carelessness of any other employee, the railroad is held responsible. It is liable to the worker for any injuries or damages he may suffer as a result.

The amount of money an injured railroad worker is entitled to recover is decided by two factors: (1) how serious his injuries and losses are, and (2) whether he can show that his injury was in some way, or in some part, due to the fault of the railroad, the negligence of any of its employees, or some defect in equipment, tools, or any unsafe working conditions.

Keep a Record

Railroads often try to avoid their obligations to injured employees. It is, therefore, important that the injured worker be in a position to get and keep proper information. This information should show if and how the accident was caused, in whole or in part, by the negligence or fault of the railroad, or by other employees of the railroad, or by unsafe working conditions. The worker must also be in a position to prove the nature and extent of his injury and his loss.

It is important that the injured employee get as much information and evidence as possible. He must be able to prove the cause of the accident and the nature and extent of his injuries, in case a court trial is necessary. An injured employee should, therefore, get the names of witnesses who have knowledge of the accident or cause of the accident. He should remember to write down the exact time and place of the accident.

When a railroad worker takes his claim to court, it is only necessary to show that the injury was caused in part by the negligence of the railroad or its employees. Even if the injured railroader was, himself, at fault to some extent, it does not defeat his claim entirely. He will still win his case if he can show that the railroad, or any of its employees, or its equipment or his working conditions were, in part, responsible. The negligence of the worker, where it exists, can only be used by the railroad to reduce the amount of money the injured railroad worker will win. Even then, the reduction is made only to the extent that the injured worker's negligence was partly responsible. In certain types of cases, the negligence of the injured worker is no defense to the railroad at all, and he may collect in full anyway.

Can Go To Court

Under the Federal Employers' Liability Act, the railroad worker's claim may be brought in a State Court or a U.S. Federal Court, whichever his attorney feels will better suit his convenience or purpose. The injured worker is entitled to have a trial by a jury. Moreover, the employee may bring his claim in these courts in any city into which the railroad runs, or has branch lines, or even where the railroad has no tracks but does have an office, for conducting business.

Sign No Statement

Right after an accident, many railroads try to get the injured employee to sign a statement or fill out reports and forms as to how the accident happened. Sometimes the injured employee will sign a statement without reading it or not understand trick working that the railroad uses which can be incriminating statements. Such "statements" often include words with which the claim agent intends to prove that the accident was not the fault of the railroad, or any of its employees, but was the fault of the injured person. Such "statements" often also include hidden phrases which describe the railroad worker's injury as not serious.

Do not make any statements (unless required by railroad rules), either orally or in writing, and do not fill out any forms nor make any reports of any kind, signed or unsigned, as to how the accident occurred, until you have been fully advised by your experienced FELA councel. Many claims have been defeated or reduced in amount because injured railroaders sign statements or fill out forms or make reports which they do not carefully read or properly understand, even though the Federal Employers' Liability Act gives an injured employee the right to have representation in any and all aspects of his claim.

Collect All of It

When an injured railroader has established his claim by showing that the accident was caused by the negligence of the railroad, in whole or in part, the next question is: how much is he entitled to? The answer depends on the nature of his injuries, and upon certain other facts:

(1) The more serious and more permanent an injury is, the more money the injured worker is entitled to recover;

(2) The amount he has spent or is likely to spend in the future for medical treatment for doctor's bills, expenses for nurses, medicines, operations, hospitalization, ambulance, X-rays, or other special kinds of tests;

(3) The amount of wages lost in the past, as well as what may be lost in the future;

(4) The claim should also include a sum of money which will repay him for all past, present and future pain and suffering.

Should You See Your Lawyer?

No matter how friendly your relationship has been with the railroad company, the interest of the railroad company is to see to it that you do not collect at all, or, if you collect, that the amount they pay is not one dollar more than they have to pay. This does not mean that in every case the railroad company will be unfair. It does mean, however, that the railroad company is not going to pay you a single dime unless you are prepared to prove you are entitled to it under the law, and then not a single dime more than is absolutely necessary. There is no generosity in their business.

To protect its interests, the railroad company has lawyers and claim agents on its payroll. Have you ever heard of a railroad company that didn't have both? It is with the claim agents that you will most likely have to deal. These men are very able and highly skilled technicians. They know exactly what they are doing. They are being well paid for a single purpose, and that is to see that you get nothing at all for your injuries, or, failing that, that you get as little as possible. Most of them are honest men, but the very fact that they are honest means simply that they will do their very best to work 100 percent for the railroad company and absolutely not at all for you.

It would be dishonest, if not unlawful, for a claim agent to give away the company's money. He couldn't do it even if he wanted to. So, when a claim agent says, "Mr. Smith, we don't owe you any money, but we're willing to pay you a little anyway," he's either lying or cheating the company.

As for fairness, have you ever heard a claim agent say, "Mr. Smith, I don't think you've asked for enough money. In fairness to yourself, why don't you ask for more?" If one did, how long do you think he would have his job? Remember, no man can serve two masters. The claim agent who tells you that he has your interests at heart is not only cheating you, but if he means what he says, he's cheating the railroad company as well. The claim agent is the only employee of the railroad company who is not engaged in helping the railroad company earn money. His sole purpose is to try to save the railroad company money it has already earned. If you let him do it, he will save the railroad company money at your expense.

The minute you are injured, a whole battery of highly trained people go to work on your case for the railroad company to develop by investigation those facts which will help the company and hurt you. They take photographs, which will show a situation favorable to the railroad and unfavorable to you. They look into the law to find that which will help the railroad's case and hinder yours. In the meantime, while the railroad company is busy protecting its interest, what are you doing about yours?

If you feel that you need help to cope with the skill and experience which is working against you, then, obviously, you should call upon an experienced FELA attorney and ask for his advice. Take his word, and not the word of the claim agent or some well-meaning but uninformed friend, as to what the law is and what it means to you in your particular case.

Beware, particularly, of the claim agent who says, "You don't need a lawyer - the company will be fair with you." Everyone who has to deal with claim agents will hear it sooner or later. But when a claim agent asks that question, who do you suppose he is really thinking about, you or the railroad company? Is he really trying to save money for you, or the railroad company? The truth of the matter is, the railroads do not want you to see a lawyer. They know you will, in all probability, get more money for your claim if you do. The railroad company will consult with its own lawyers every step of the way. The company will tell you that you don't need a lawyer, but whoever heard of a railroad firing all of its own lawyers?

"Advice About Lawyers"

Chances are you have never needed the services of a lawyer before. It is quite likely, therefore, that you do not know who to turn to for legal advice, and, at the same time, be sure that your rights are being fully protected.

There are a few simple rules to keep in mind. There are many lawyers in your community, some good lawyers and some poor ones. In these days of specialization, most lawyers, like most doctors, tend to specialize. If you need legal help for a tax matter, you would turn to a lawyer who knows the tax laws. By the same token, if you are hurt on the job and want to know what your rights are under the Federal Employers' Liability Act, you should turn to a lawyer who knows and handles FELA cases, an experienced FELA attorney who knows how to handle your case.

You owe it to yourself to get the best legal representation available: an experienced FELA attorney. The best will cost you no more, and probably less, than the lawyer who tries to represent you but does not have the expertise and experience in handling cases of this kind and could cause you to receive less with poor representation. The Moody Law Firm, who can be reached at 1-800-368-1033, has over one hundred years of experience representing injured railroad workers.

If you are hurt, and need legal advice, the only people in the world you should think about are YOU and your family. Select the best lawyer available on the basis of his experience and his record in the handling of FELA cases and you can hardly go wrong.

The Railroad Can't Fire You

Some railroad employees have been led to believe the company can put them out of service or discriminate against them in other ways because they have exercised their right to consult and engage a lawyer to handle their claims. This statement is false.

The fact is that the Federal Employers' Liability Act spells out the legal right of the injured railroad worker to get the advice of a lawyer.

The Act provides specifically that:

"Whoever, by threat, intimidation, order, rule, contract, regulation or device whatsoever, shall attempt to prevent any person from furnishing such information to a person in interest, or whoever discharges or otherwise disciplines or attempts to discipline any employee for furnishing such information to a person in interest, shall, upon conviction thereof, be punished, by a fine of not more than $1,000 or imprisonment, for not more than one year, or by both such fine and imprisonment, for each offense."

("Person in interest" in the above quoted law refers to your lawyer.)

This information is not intended to offer legal advice. You should personally see an attorney if you have specific legal concerns.