Railroad Accidents & Injuries

• WHAT IS THE F.E.L.A.?
• The Federal Employer's Liability Act (45 U.S. Code. section 51) was passed by the U.S. congress around the turn of the century to protect the rights of injured railroad workers. If you are hurt and you work for the railroad it is you ONLY MEANS of recovering against your employer. Worker's compensation does NOT APPLY if you work for a common carrier railroad.
• The FELA gives you the right if you so choose, to have your case heard in front of a jury. If you win or settle out of court, you would be entitled to MONEY DAMAGES for out-pocket losses, future wage loss, and past and future pain & suffering from your injuries.
• In its one hundred years of existence, the FELA has become a vast maze of THOUSANDS of legal decisions, twists, and traps. Hiring a lawyer unfamiliar with these "twists" would be like hiring a dentist to perform heart surgery. You need someone experienced with this type of law.
• Mr. Joseph A. Miller has had a tremendous amount of experience representing the rights of injured railroad workers. Click on Legal Victories to check it out for yourself.
• Note: Even if you are not from Virginia or North Carolina, we can still represent you if you are injured. We obtain local counsel, who merely files papers and secures our appearence onyour behalf in court in the locality where the case is filed. we have experience in courts all over the southeast!! The  F.E.L.A. is a federal statute, but you are permited to file in state court!!! Please: Even if you don't hire us, don't make the mistake of hiring a local attorney in a FELA case just becuase he is near you or is a family friend!!! Get an attorney experienced with FELA!!!
• IF you like, we will come to you if you are injured, please don't hesitate to contact us to discuss your case.
• If you have been injured, please make sure to review and print out our "Ten Tips for Injured Railroad Workers." It could mean the difference between a compensable case and no case at all.

Ten Tips for Injured Railroad Workers

1. Report every accident as soon as possible to your supervisor.
2. Always request a trusted fellow employee to immediately inspect the equipment, object, or area that may have caused or contributed to your injury and make a written note of the date, time, place, and results of any such inspection, as well as the engine number or car number of any equipment involved.
3. If possible, fill out your own accident report. Be careful when filling out an answer to a question like "was any unsafe or defective equipment involved?" or "was anyone at fault?" A "no" answer to a questions like these may be used against you if your case comes to trial.
4. Always keep a logbook or written record of days lost, names of crew members with you when hurt, doctors visits, hospital visits, expenses and statements made by you to company officials.
5. Always see your own doctor rather than a company selected physician or specialist. The company  doctors will harm your case.  You may be required to go to a company doctor for an exam, but you are NOT required to be treated by him or her.
6. Hire a professional photographer to document any bruises, cuts, or other visible injuries immediately after the accident. Do not try to do it yourself, as skin injuries don't always show up well on personal cameras.
7. Don't release or try to settle your claim if you are still in pain or  under a doctor's care or if you are uncertain of your work future. You have three(3) years to file a case on a railroad injury claim.
8. Don't trust the railroad claims agents. They are paid by the railroad to settle claims for the benefit of the railroad. Their loyalty is to the company, and not to you. They get bonuses for keeping settlements low.
9. Don't select a lawyer who is unfamiliar with Railroad Law, "Lingo," safety rules, operating rules, or railroad equipment. Don't be afraid to ask an attorney his experience with these matters.
10. Don't discuss your case with anyone other than your attorney or immediate family. Word travels fast on the railroad.