Where conventional workers’ compensation claims are governed by and processed under state law, FELA claims are governed by and processed under federal law. To make a FELA claim, the most important initial steps are to file an accident report and hire an experienced FELA lawyer.
To make a successful FELA claim, you must be able to show that the railroad company’s actions were at least partially negligent. That being said, doing so is typically easier than with traditional injury claims because the company’s negligence only had to play some role in the injury, not the primary role. In fact, this lesser requirement is often referred to as a “featherweight” burden of proof.
Following the accident report, there will be an investigation into the accident to determine if negligence was a factor. If it was, you will likely be offered a settlement, at which point your attorney will determine if the settlement offer is reasonable. If a fair settlement cannot be reached, your FELA attorney may need to fight for full compensation at trial.