FELA Claims Process
How does the process work?
The process usually starts when you have an on-the-job injury or the railroad finds out you have a medical condition that may be related to your work (e.g. Carpal Tunnel Syndrome, a bad back or neck, bad knees, exposure to a toxic substance, etc). You may be under the impression that it begins only when you notify someone or file a personal injury report. However, the railroad’s process begins when they find out or suspect that you have an injury or work-related condition. At that point, the claims department (claims agent) is notified and the railroad begins to gather information about your injury or condition to either defeat your claim for compensation or limit it as much as possible. The job security of a claims agent depends on his or her effectiveness in doing so.
Because it will ultimately be your responsibility to prove that you were injured, in part or in whole, by the negligence of the railroad, it’s essential for you to contact an attorney who is familiar with the process and the law to explain to you what you need to do to preserve and maximize your recovery from the very beginning.
Brent Coon & Associates never charges a railroad worker for initial consultations, meaning you can get all the free advice and consultation you need without any obligation. If you wish to hire us to formally represent you in your claim, we ask you to sign a standard representation contract. This contract provides that we receive compensation only if you do. We never charge more than 25% of the recovery, whether it comes from settlement or trial. We also advance all the funds needed to work your case and are only repaid if we gain a positive verdict or settlement in your favor. If we are unable to recover any money for you, it will never costs you a dime.
Our attorneys have years of experience in handling these types of claims.
In addition, everything you talk about with an attorney, even in the initial consultation, is protected by a legal doctrine called the “attorney/client privilege.” What that means is that you can confide in your attorney without fear of that attorney revealing your confidences to anyone without your permission.
It is important to remember that the railroad is already preparing their defense to your claim the minute they find out about it. Why shouldn’t you do the same? You have the unqualified right to legal representation about your injury from the beginning to the end. You cannot be legally punished in any way for choosing to exercise that right.