Missouri Railroad Accident Lawyers

Frequently Asked Questions About Federal Employers Liability Act Claims

Who is covered under FELA?

FELA applies to any railroad employee without workers' compensation coverage who was injured due to the railroad's carelessness, as long as the railroad is engaged in interstate commerce. A railroad is considered engaged in interstate commerce if it ships freight or people across state lines, has rails that cross state lines or otherwise somehow does business in more than one state.

Even if a railroad isn't engaged in interstate commerce, its employees may still be able to sue under Missouri's general personal injury laws.

My employer is paying me while I can't work. Why should I sue?

Even if you're still getting paid while you recover from an employment-related injury, you may still have skyrocketing medical bills and other accident-related costs to worry about. You may have to arrange for help around the house, your spouse may need to take time off work to care for you, or you may need someone to help with childcare.

You should also think about your future: Will you need continuing medical checkups? Can you earn the same amount of money you used to? Can you work at all? These costs can add up fast. Finally, you probably have injuries that are hard to translate into dollars: A reduced quality of life due to pain and suffering, a permanent disability, scarring or other long-term injuries. A FELA lawsuit can help you recover compensation for these injuries and more.

My employer's insurance company called and offered me a settlement, but it's not enough to pay my bills. Should I take it?

If it's not enough, or if you're not sure, or if you feel uncomfortable in any way, do not take a settlement or sign anything from your employer and its insurer. Sometimes, companies that face a potential FELA claim may try to limit their financial liability by offering much less money than your claim is worth, or asking you to sign a waiver. In either case, you could be signing away your right to sue under FELA. You don't have to decide on an offer like this right away. Say you'll think about it and call Page || Cagle for help learning what your claim is worth and how to proceed.

What should I do after a railroad accident?

The first thing you should do after a railroad accident in Missouri is get medical help for anyone who needs it. The railroad may also ask you to help with an accident report. But after you've had time to think, you should try to preserve as much information about the accident that you can. Save all the paperwork you have -- medical documents, the railroad's report and any police report. Write down everything you remember while it's fresh, and take pictures of your injuries and anything else that might show what happened. All of this preserves evidence that can help you later if you decide to file a FELA lawsuit.

What happens if I file a FELA claim?

Generally, Page || Cagle will take over interactions with the railroad and its insurers and representatives. Your employer will probably investigate the accident, but we will conduct an investigation of our own, using any information and testimony you can give us. The railroad may want to discuss a financial settlement that will end the case; we will provide advice based on our experience and knowledge in railroad accident law, but the decision is yours.

If we don't reach a settlement, we will file the lawsuit. You may be required to give a deposition, which is sworn testimony that will be written down and used when the case goes to court. In some cases, you can go to arbitration (private court); in other cases, you'll go to a trial. The process can take a few months or a few years, depending on the issues at hand and the amount of money involved. Our St. Louis FELA attorneys can give you a better idea of what's likely to happen in your case.

Can I afford to file FELA lawsuit?

Page || Cagle does not ask for a fee at the beginning of cases. Because we work exclusively with injured people, we are able to use a contingency fee structure, which means we don't get legal fees until your case is won. If you don't recover, you don't pay any legal fees at all; if you do recover, you pay us a percentage of the recovery, which we will negotiate with you before you hire us. And we never charge for an initial consultation, the meeting at which we learn about your case and you have a chance to decide whether we're the right lawyers for you.

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1232 Washington Avenue,
Suite 220
St. Louis, Missouri 63103
P: (314) 322-8515
Toll Free: (866) 620-5757
john@pagecagle.com