The Solution Focus Experience Team Approach Personal Approach Under FELA you are not entitled to recover monetary damages from the railroad for your injury merely because you were injured on-duty. In order to make a monetary recovery from the railroad you must be able to prove from the evidence that the injury was caused, in whole or in part, by the railroad's fault or negligence, in failing to furnish a reasonably safe place or the proper equipment for work.
Railroads retain skilled claim agents and attorneys to protect their interests.
The railroad's claims agent and legal staff work for the railroad, not you. As soon as you are injured, the railroad and its claims agent begin their investigation of the occurrence. Witness statements are taken, the scene and equipment are photographed, and on-site measurements are made. You should know that after an injury is investigated, the experienced claims agent reviews his investigation report with the railroad's attorneys. The railroad's attorneys are familiar with important FELA court decisions.