--- title: FELA Attorney's Blog | Exploring the rights and issues of railroad workers | FELA injury (3) description: FELA injury | Exploring the rights and issues of railroad workers for on job injuries and whistleblower claims and those of injured passengers. (3) --- [![fw-fela-logo.png](https://www.felaattorney.com/hs-fs/hubfs/fw-fela-logo.png?width=504&name=fw-fela-logo.png "fw-fela-logo.png")](https://www.felaattorney.com/) ![lpheader-blog-header.jpg](https://www.felaattorney.com/hs-fs/hubfs/LP_Headers/lpheader-blog-header.jpg?width=1024&name=lpheader-blog-header.jpg "lpheader-blog-header.jpg") ## FELA Attorney's Blog | Exploring the rights and issues of railroad workers and rail passengers ## [Will The Railroad Pay For An Injury If It’s Your Fault?](https://www.felaattorney.com/blog/will-the-railroad-pay-for-an-injury-if-its-your-fault) Posted by [Marc Wietzke](https://www.felaattorney.com/blog/author/marc-wietzke) on Jan 8, 2015 8:00:00 PM - [Tweet](https://twitter.com/share) ![LIRR will railroad pay if injury is your fault](https://www.felaattorney.com/hs-fs/hub/312738/file-2316606802.jpg?width=326&name=file-2316606802.jpg "LIRR will railroad pay if injury is your fault")You probably know that your carrier pays workers that were injured on the job as a result of the carrier’s negligence. But what if the accident or injury was a little bit your fault? **Today we’ll explore why workers can still recover for their injuries, even when their own action was partly to blame.** If you’ve been following the blog, you know that as soon as you get hurt at work, the company springs to life to mitigate your claim, [and may even do some tricky things behind your back](https://www.felaattorney.com/blog/what-the-railroad-does-behind-your-back-could-hurt-worse-than-your-injury). [Read More](https://www.felaattorney.com/blog/will-the-railroad-pay-for-an-injury-if-its-your-fault) 0 Comments [Click here to read/write comments](https://www.felaattorney.com/blog/will-the-railroad-pay-for-an-injury-if-its-your-fault#comments-listing) Topics: [FAQs on the job injuries](https://www.felaattorney.com/blog/topic/faqs-on-the-job-injuries), [Railroad safety issues](https://www.felaattorney.com/blog/topic/railroad-safety-issues), [Basic steps to filing a fela lawsuit](https://www.felaattorney.com/blog/topic/basic-steps-to-filing-a-fela-lawsuit), [FELA v Workers' Comp](https://www.felaattorney.com/blog/topic/fela-v-workers-comp), [FELA injury](https://www.felaattorney.com/blog/topic/fela-injury), [attacked at work](https://www.felaattorney.com/blog/topic/attacked-at-work) ## [Attacked At Work On The Railroad? Here's What You Need To Know](https://www.felaattorney.com/blog/attacked-at-work-on-the-railroad-heres-what-you-need-to-know) Posted by [Marc Wietzke](https://www.felaattorney.com/blog/author/marc-wietzke) on Jan 4, 2015 7:45:00 PM - [Tweet](https://twitter.com/share) ![NJ Transit worker threatened with knife](https://www.felaattorney.com/hs-fs/hub/312738/file-2239641348.jpg?width=326&name=file-2239641348.jpg "NJ Transit worker threatened with knife")You knew when you signed up for a career on the rails that the job working around 30+ ton cars was dangerous. And after a few years on the job, you might even consider yourself prepared for the less obvious dangers like track debris and unstable ground. In our last blog we covered [8 More Absurdly Common Railroad Safety Hazards](https://www.felaattorney.com/blog/photos-8-more-absurdly-common-safety-hazards-for-railroad-workers) featuring dangers like columns under dark bridges lacking reflective material. **Today we’re going to cover another danger – an attacker – and how the law can protect workers** This popped up in the news recently[ when a passenger reportedly pulled a knife on a NJ Transit conductor](http://newyork.cbslocal.com/2014/12/30/authorities-passenger-pulled-knife-on-nj-transit-conductor-near-red-bank/). Thankfully the incident didn’t result in injuries, but the dangers train workers face from the public is real, and not new.  (Railroad Worker's United keeps track of railroaders killed in the line of duty, which you can see[ here](http://railroadworkersunited.org/railroaders-killed-on-the-job/).) I represented another conductor a few years ago on NJT, also North Jersey Coast Line, who was jumped by a passenger.  In all cases, it's the carrier’s responsibility to provide reasonable protection against dangers of which it knew or should have known. [Read More](https://www.felaattorney.com/blog/attacked-at-work-on-the-railroad-heres-what-you-need-to-know) 0 Comments [Click here to read/write comments](https://www.felaattorney.com/blog/attacked-at-work-on-the-railroad-heres-what-you-need-to-know#comments-listing) Topics: [FAQs on the job injuries](https://www.felaattorney.com/blog/topic/faqs-on-the-job-injuries), [Basic steps to filing a fela lawsuit](https://www.felaattorney.com/blog/topic/basic-steps-to-filing-a-fela-lawsuit), [FELA injury](https://www.felaattorney.com/blog/topic/fela-injury), [attacked at work](https://www.felaattorney.com/blog/topic/attacked-at-work) ## [[PHOTOS] 8 More Absurdly Common Safety Hazards For Railroad Workers](https://www.felaattorney.com/blog/photos-8-more-absurdly-common-safety-hazards-for-railroad-workers) Posted by [Marc Wietzke](https://www.felaattorney.com/blog/author/marc-wietzke) on Dec 29, 2014 3:49:00 PM - [Tweet](https://twitter.com/share) ![railroad workers sue carrier for safety negligence](https://www.felaattorney.com/hs-fs/hub/312738/file-2171362400.jpg?width=326&name=file-2171362400.jpg "railroad workers sue carrier for safety negligence")In my last blog about the everyday dangers railroad workers face on the job, I shared [nine photos of on-the-job hazards that led to injuries for my clients.](https://www.felaattorney.com/blog/photos-9-unbelievably-common-railroad-safety-hazards) Unfortunately for employees, it wasn't hard to dig up a bunch more. Each of these photos represents a failure by the railroad to ensure a safe work environment for its workers. That's eight instances where a carrier negligence violated FELA, the law that protects rail workers. See if you can spot the safety hazards in each of these pictures. I bet you encountered some of them on your last shift. [All photos by Marc Wietzke](https://www.felaattorney.com/) [Read More](https://www.felaattorney.com/blog/photos-8-more-absurdly-common-safety-hazards-for-railroad-workers) 0 Comments [Click here to read/write comments](https://www.felaattorney.com/blog/photos-8-more-absurdly-common-safety-hazards-for-railroad-workers#comments-listing) Topics: [FAQs on the job injuries](https://www.felaattorney.com/blog/topic/faqs-on-the-job-injuries), [Railroad safety issues](https://www.felaattorney.com/blog/topic/railroad-safety-issues), [FELA recovery](https://www.felaattorney.com/blog/topic/fela-recovery), [reporting safety concerns](https://www.felaattorney.com/blog/topic/reporting-safety-concerns), [FELA injury](https://www.felaattorney.com/blog/topic/fela-injury) ## [Should I Settle My Railroad Case? When Settlement Is Better Than a Verdict](https://www.felaattorney.com/blog/should-i-settle-my-railroad-case-when-settlement-is-better-than-a-verdict) Posted by [Marc Wietzke](https://www.felaattorney.com/blog/author/marc-wietzke) on Dec 18, 2014 10:42:29 AM - [Tweet](https://twitter.com/share) ![when to settle a FELA injury case](https://www.felaattorney.com/hs-fs/hub/312738/file-2239641348.jpg?width=326&name=file-2239641348.jpg "when to settle a FELA injury case")Whether an injured worker suing the railroad for negligence or a whistleblower suing the company for retaliation after reporting a safety hazard, my clients always ask, “Should I settle?” There is no hard and fast formula when facing a legal battle. There’s a balance of risk and reward involved in every case. The key to any battle, of course, is knowing when to accept the other side's surrender. In this post I’ll answer some of the commonly asked questions about settling versus holding out for a jury verdict, to help you understand the best course of action for you. [Read More](https://www.felaattorney.com/blog/should-i-settle-my-railroad-case-when-settlement-is-better-than-a-verdict) 0 Comments [Click here to read/write comments](https://www.felaattorney.com/blog/should-i-settle-my-railroad-case-when-settlement-is-better-than-a-verdict#comments-listing) Topics: [Basic steps to filing a fela lawsuit](https://www.felaattorney.com/blog/topic/basic-steps-to-filing-a-fela-lawsuit), [FELA injury](https://www.felaattorney.com/blog/topic/fela-injury), [settlements](https://www.felaattorney.com/blog/topic/settlements) ## [How Long Does A Railroad Trial Last? 10 Lawsuit Questions Answered](https://www.felaattorney.com/blog/how-long-does-a-railroad-trial-last-10-lawsuit-questions-answered) Posted by [Marc Wietzke](https://www.felaattorney.com/blog/author/marc-wietzke) on Dec 12, 2014 4:00:00 PM - [Tweet](https://twitter.com/share) ![marc wietzke fela attorney](https://www.felaattorney.com/hs-fs/hub/312738/file-2221421212.jpg?width=326&name=file-2221421212.jpg "marc wietzke fela attorney")Next to “[How much is my case worth?](https://www.felaattorney.com/blog/hurt-on-railroad-how-much-is-my-case-worth)” questions about the timing and duration of lawsuits are the ones I hear most often from railroad workers. Timing is critical to lawsuits. If they’re going to protect their rights, workers need to know the window in which they have to report an injury, file an FELA suit or file a whistleblower claim. ***This blog will answer those questions along with tougher, more, it-depends-on-your-situation queries like, “When will I get paid?” and “How long will my trial last?”*** Read on for 10 answers to the most often asked timing-related questions about FELA injury and whistleblower claims.   ## * 1. How long do I have to report an injury?* There is no legal requirement. I know your company rules say to report it immediately or possibly by the end of your shift. But I am here to tell you that with the whistleblower amendments to the Federal Railroad Safety Act,** [you cannot (validly) be brought up on any kind of discipline charges for late report of injury](https://www.felaattorney.com/blog/10-reasons-you-might-have-a-whistleblower-claim-against-railroad).** That is, so long as the delay was in good faith. In other words, report the injury when you know you have one. If that is two days later because the pain and soreness is not going away, then so be it. [Read More](https://www.felaattorney.com/blog/how-long-does-a-railroad-trial-last-10-lawsuit-questions-answered) 0 Comments [Click here to read/write comments](https://www.felaattorney.com/blog/how-long-does-a-railroad-trial-last-10-lawsuit-questions-answered#comments-listing) Topics: [FAQs on the job injuries](https://www.felaattorney.com/blog/topic/faqs-on-the-job-injuries), [Basic steps to filing a fela lawsuit](https://www.felaattorney.com/blog/topic/basic-steps-to-filing-a-fela-lawsuit), [whistleblower](https://www.felaattorney.com/blog/topic/whistleblower), [FELA recovery](https://www.felaattorney.com/blog/topic/fela-recovery), [FELA injury](https://www.felaattorney.com/blog/topic/fela-injury) ## [ On Railroad, What You Don't Tell Your Lawyer Can Hurt You](https://www.felaattorney.com/blog/on-railroad-what-you-dont-tell-your-lawyer-can-hurt-you) Posted by [Marc Wietzke](https://www.felaattorney.com/blog/author/marc-wietzke) on Nov 7, 2014 8:57:00 AM - [Tweet](https://twitter.com/share) ![what should you tell your lawyer in your railroad case](https://www.felaattorney.com/hs-fs/hub/312738/file-2043751396.jpg "what should you tell your lawyer in your railroad case")Should I tell my lawyer? The attorney-client relationship is a special one. Your railroad attorney is one of those people who needs to know your dark secrets and embarrassing history. (Like a doctor, your lawyer is required to keep it private.) Only by knowing what can be used against you, can your lawyer protect against the bias that such information can bring with it. For example, I've had the railroad try and smear my client at trial by asking irrelevant questions about a DUI conviction from years before the accident. Because my client had already told me the details, I was able to show the jury just how ridiculous it was for the railroad to be bringing it up a trial. In this post I’ll give you two examples of how being open and honest with me helped some of my past clients succeed in court, and one example where what the client kept from me meant a lawsuit doomed from the start. [Read More](https://www.felaattorney.com/blog/on-railroad-what-you-dont-tell-your-lawyer-can-hurt-you) 0 Comments [Click here to read/write comments](https://www.felaattorney.com/blog/on-railroad-what-you-dont-tell-your-lawyer-can-hurt-you#comments-listing) Topics: [FAQs on the job injuries](https://www.felaattorney.com/blog/topic/faqs-on-the-job-injuries), [Basic steps to filing a fela lawsuit](https://www.felaattorney.com/blog/topic/basic-steps-to-filing-a-fela-lawsuit), [whistleblower](https://www.felaattorney.com/blog/topic/whistleblower), [FELA injury](https://www.felaattorney.com/blog/topic/fela-injury) ## [How to Calculate Your Future Wage Loss From the Railroad](https://www.felaattorney.com/blog/how-to-calculate-your-future-wage-loss-from-the-railroad) Posted by [Marc Wietzke](https://www.felaattorney.com/blog/author/marc-wietzke) on Oct 24, 2014 12:42:00 PM - [Tweet](https://twitter.com/share) ![how to calculate future wage loss railroad](https://www.felaattorney.com/hs-fs/hub/312738/file-1944198884.jpg "how to calculate future wage loss railroad")If you've been hurt, you already know what money you're out of pocket. You know those bills you couldn't pay. You probably know how to put together a wage loss claim for past wages.  (If not, here is a link to [a wage loss calculator that takes the work out of coming up with your wage loss.](https://www.felaattorney.com/free-wage-loss-calculator) It even allows you to include lost overtime.) But if your injury is going to keep you out of work into the future, and you either want to settle your case now, or you’ll never return to work, then you have something called ***future wage loss***.  Figuring out how much you will lose in the future can be a little more speculative, but if you take the right factors into consideration, you can have a solid basis to make a claim for the money that you’ll lose down the road.  In this blog I’ll explain how to calculate future wage loss with an example from a recent trial that I brought to verdict. [Read More](https://www.felaattorney.com/blog/how-to-calculate-your-future-wage-loss-from-the-railroad) 0 Comments [Click here to read/write comments](https://www.felaattorney.com/blog/how-to-calculate-your-future-wage-loss-from-the-railroad#comments-listing) Topics: [FAQs on the job injuries](https://www.felaattorney.com/blog/topic/faqs-on-the-job-injuries), [Basic steps to filing a fela lawsuit](https://www.felaattorney.com/blog/topic/basic-steps-to-filing-a-fela-lawsuit), [FELA recovery](https://www.felaattorney.com/blog/topic/fela-recovery), [lost wages](https://www.felaattorney.com/blog/topic/lost-wages), [FELA injury](https://www.felaattorney.com/blog/topic/fela-injury), [wage loss calculator](https://www.felaattorney.com/blog/topic/wage-loss-calculator) ## [Asst Signalman Wins $3 Million in FELA Injury Suit Against LIRR](https://www.felaattorney.com/blog/asst-signalman-wins-3-million-in-fela-injury-suit-against-lirr) Posted by [Marc Wietzke](https://www.felaattorney.com/blog/author/marc-wietzke) on Oct 17, 2014 12:18:00 PM - [Tweet](https://twitter.com/share) ![railroad signalman wins $3 million in FELA injury suit LIRR](https://www.felaattorney.com/hs-fs/file-1880365132-jpg/LIRR/IMG_3966.jpg?width=326&name=IMG_3966.jpg "railroad signalman wins $3 million in FELA injury suit LIRR")Close to three years ago, John*, 34, was an assistant signalman with three years on the job with LIRR. One morning while running innerduct under a platform, a large piece of concrete debris – a leftover from an old platform – broke off pinching his right wrist and trapping him under the platform. A coworker had to lift the concrete off his wrist. What he thought at the time was an injury he could work through and recover from, turned out to be career ending. John reported his injury and was temporarily removed from service pending a visit to an orthopedist the next day. That began 22 months of referrals to specialists and four separate EMG studies, because John developed clawing of his ring and pinky fingers. With that also came 50% loss grip strength in his right, dominant, hand. The railroad medically disqualified him from his job 10 months later. This month a jury ordered LIRR to pay John more than $3 million for his injury after it was revealed that the railroad knew about the old hazardous concrete but didn’t make any effort to remove it. What is remarkable about this case is how the verdict numbers break down: [Read More](https://www.felaattorney.com/blog/asst-signalman-wins-3-million-in-fela-injury-suit-against-lirr) 0 Comments [Click here to read/write comments](https://www.felaattorney.com/blog/asst-signalman-wins-3-million-in-fela-injury-suit-against-lirr#comments-listing) Topics: [LIRR](https://www.felaattorney.com/blog/topic/lirr), [FELA v Workers' Comp](https://www.felaattorney.com/blog/topic/fela-v-workers-comp), [FELA recovery](https://www.felaattorney.com/blog/topic/fela-recovery), [lost wages](https://www.felaattorney.com/blog/topic/lost-wages), [FELA injury](https://www.felaattorney.com/blog/topic/fela-injury), [how much is my case worth?](https://www.felaattorney.com/blog/topic/how-much-is-my-case-worth) ## [Railroad Injury: What Your Boss is NOT Allowed to Do at The Hospital](https://www.felaattorney.com/blog/railroad-injury-what-your-boss-is-not-allowed-to-do-at-the-hospital) Posted by [Marc Wietzke](https://www.felaattorney.com/blog/author/marc-wietzke) on Sep 25, 2014 7:10:03 PM - [Tweet](https://twitter.com/share) ![railroad injury boss is not allowed in your hospital room](https://www.felaattorney.com/hs-fs/hub/312738/file-1707178535.jpg "railroad injury boss is not allowed in your hospital room")You get hurt on the railroad. You request immediate medical attention. You get to the medical facility, hospital or otherwise. You want to focus on the doctor. You want to discuss your symptoms, your prior medical history and your family medical history. But your boss is like a gnat in the room. **Tell him to leave because he’s already violated federal regulation.** The Federal Railroad Administration has long said it is a violation of federal anti-harassment regulations to enter the examination room of an injured employee except in two limited instances. But I am astounded how often it continues to happen and how many employees think they have to put up with it. In this post I explain how the law prohibts this kind of supervisor action and what you should do if you experience it after a railroad injury.   [Read More](https://www.felaattorney.com/blog/railroad-injury-what-your-boss-is-not-allowed-to-do-at-the-hospital) 0 Comments [Click here to read/write comments](https://www.felaattorney.com/blog/railroad-injury-what-your-boss-is-not-allowed-to-do-at-the-hospital#comments-listing) Topics: [FAQs on the job injuries](https://www.felaattorney.com/blog/topic/faqs-on-the-job-injuries), [FELA injury](https://www.felaattorney.com/blog/topic/fela-injury), [hosptial](https://www.felaattorney.com/blog/topic/hosptial) ## [What Happens When You Report An On Job Injury To The Railroad?](https://www.felaattorney.com/blog/what-the-railroad-does-behind-your-back-could-hurt-worse-than-your-injury) Posted by [Marc Wietzke](https://www.felaattorney.com/blog/author/marc-wietzke) on Aug 20, 2014 4:24:19 PM - [Tweet](https://twitter.com/share) ![when you get hurt on the railroad](https://www.felaattorney.com/hs-fs/hub/312738/file-1485313759.jpg "when you get hurt on the railroad")When you get hurt at work on the railroad, what the company does behind your back could be worse than your injury. Take for example, a shoulder injury or knee injury, both common injuries for railroad workers:   You busted your shoulder or twisted your knee on the job and your first thought was probably, ***“How am I going to work?”*** The railroad’s first thought was ***“How can we minimize this guy’s injury?”*** >   You reported your injury because you were too hurt to work, not because you wanted the railroad to pay up. Reporting it was the right thing to do. The railroad will discipline you if you don’t report an injury. But from the railroad’s perspective, “paying up” is always where this road leads and it’s prepared for court before you even decide to seek a shoulder surgery settlement or sue for your knee replacement. In this post we’ll look at what happens inside the railroad when you report an on-the-job injury. **Here are four important behind-the-scenes moves you should be on the look out for if you filed an injury claim:** [Read More](https://www.felaattorney.com/blog/what-the-railroad-does-behind-your-back-could-hurt-worse-than-your-injury) 0 Comments [Click here to read/write comments](https://www.felaattorney.com/blog/what-the-railroad-does-behind-your-back-could-hurt-worse-than-your-injury#comments-listing) Topics: [FAQs on the job injuries](https://www.felaattorney.com/blog/topic/faqs-on-the-job-injuries), [Checklist for hiring railroad lawyer](https://www.felaattorney.com/blog/topic/checklist-for-hiring-railroad-lawyer), [how to hire a railroad lawyer](https://www.felaattorney.com/blog/topic/how-to-hire-a-railroad-lawyer), [Rights of Railroad workers](https://www.felaattorney.com/blog/topic/rights-of-railroad-workers), [Basic steps to filing a fela lawsuit](https://www.felaattorney.com/blog/topic/basic-steps-to-filing-a-fela-lawsuit), [FELA recovery](https://www.felaattorney.com/blog/topic/fela-recovery), [how to file your own injury claim](https://www.felaattorney.com/blog/topic/how-to-file-your-own-injury-claim), [FELA injury](https://www.felaattorney.com/blog/topic/fela-injury) [Previous](https://www.felaattorney.com/blog/topic/fela-injury/page/2) [All posts](https://www.felaattorney.com/blog/all) [Next](https://www.felaattorney.com/blog/topic/fela-injury/page/4) ### Subscribe to Email Updates ### Recent Posts ### Posts by Topic - [FELA injury (31)](https://www.felaattorney.com/blog/topic/fela-injury) - [FAQs on the job injuries (24)](https://www.felaattorney.com/blog/topic/faqs-on-the-job-injuries) - [Basic steps to filing a fela lawsuit (20)](https://www.felaattorney.com/blog/topic/basic-steps-to-filing-a-fela-lawsuit) - [Railroad safety issues (19)](https://www.felaattorney.com/blog/topic/railroad-safety-issues) - [FELA recovery (15)](https://www.felaattorney.com/blog/topic/fela-recovery) - [whistleblower (13)](https://www.felaattorney.com/blog/topic/whistleblower) - [Rights of Railroad workers (11)](https://www.felaattorney.com/blog/topic/rights-of-railroad-workers) - [settlements (10)](https://www.felaattorney.com/blog/topic/settlements) - [reporting safety concerns (8)](https://www.felaattorney.com/blog/topic/reporting-safety-concerns) - [how to file a claim against railroad (7)](https://www.felaattorney.com/blog/topic/how-to-file-a-claim-against-railroad) - [verdict (7)](https://www.felaattorney.com/blog/topic/verdict) - [how much is my case worth? 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