I get  several calls a week from  workers of every craft, be they electricians, conductors, signalmen, car cleaners, track workers or engineers, just to name a few, looking for answers to some basic FELA claims and lawsuit questions.

Because these answers pertain to all rail jobs I compiled a list of the most frequently asked questions regarding the basic steps to filing a FELA lawsuit against a carrier.

Here are the questions I'll cover in this post:

1. How early in the claims do I make a demand?
2. When will I learn what my case is worth?
3. Once I hire an attorney, how long until my case will be filed?
4. Once my case is filed, how long before I got to trial?
5. What happens from the time the case gets filed until the trial?
6. Will my case always go to trial, or do some carriers settle?
7. What happens at a FELA  trial?

Dirty cars and poor communication are some of commuters’ biggest complaints about the railroad, and they’ve got ample evidence to prove their case.

But what conductors and cleaners and crews know is, the problems started long before they got on the job and without some changes at the top, aren’t likely to go away. And in the meantime it’s the conductors and the commuters, both power less, who are squared off.

The National Transportation Safety Board (NTSB) has issued its wish list for passenger and worker safety. If you are a railroad that doesn’t want to invest in safety, it's more like a hit list. 

Every year for the last 23 years the federal agency has highlighted what it sees as the trending problems in transportation, and every year the railroad safety problems and the industry’s failure to address them, makes the list. You can see the complete NTSB list here. This year, half of them involve railroad transportation.

Rail yards of both passenger and freight carriers are riddled with hazards for workers.

From debris, to crumbling walkways, to poorly lit bridges and outmoded tools, rail workers face dangers everyday. Here are the photos to prove it. Seem familiar?

Yet the only thing that makes the news is when the lives of passengers are threatened, like in the Valhalla crossing accident. Of course the safety of passengers and pedestrians is critical.

But the workers?

Their safety and rights aren't even a part of the story.

Employees contact me all the time with questions about their rights, the answers to which I thought were common knowlege,  like, Can my boss come into my hospital room?. Or will the railroad pay for my injury if it's my fault?

Besides answering their questions individually, which I'm happy to do, there wasn’t one place to look for the answers to these questions so I wrote this list, The 10 Rights of Railroad Workers

I hope it will arm you if and when you are caught in a dangerous situation on the job.

Have you recently been hurt on the railroad, whether riding or boarding a train or at a station? If so you’re probably full of more questions than answers. You are likely wondering:

• Who pays for my medical treatment?
• What do I have to do to file a claim against the railroad?
• How long do I have to file a lawsuit against the railroad?
• How do I pay my rent, mortgage or car bills while I am out of work?
• Did railroad negligence cause me to get hurt?

Whether your injury is the result of a derailment like the most recent Metro North accident in the Bronx, or from a fall, say from an icy stairway at a NJ Transit station, your injury presents a unique situation where the railroad may be responsible to pay for your treatment and/or damages. The answers to these five questions will ensure you know your rights as a passenger.

Whether it was at this weekend’s Metro North derailment in the Bronx or while working for some other railroad, if you have recently been hurt on the job you’re probably full of more questions than answers. You are likely wondering:

• Who pays for my medical treatment?
• How do I pay my rent, mortgage or car bills while I am out of work?
• What do I have to do to return to work?
• Can I recover money from the railroad for my injury?
• Did railroad negligence cause me to get hurt?

This post will get you started down the road to answering these questions, but you will undoubtedly have more.