Important Evidence in FELA Claims

Unlike typical workers compensation claims, lawsuits under the Federal Employers Liability Act (FELA) require proof that the railroad employer was negligent and that this negligence contributed to the injury.

For injured workers in the railroad industry, this means gathering a wide range of documentation to support their case.

FELA claims are not no-fault—there must be concrete evidence demonstrating a failure to follow a safety regulation, maintain equipment, or protect the worker from foreseeable harm.

The success of a FELA lawsuit often hinges on the quality and depth of the evidence presented, which must establish both the occurrence of the on-the-job injury and the railroad employer’s role in causing it.

To build a strong claim, the following types of evidence are commonly used:

• Accident reports completed by the railroad employer or supervisor
• Medical records showing the diagnosis, treatment, and long-term prognosis of the injury
• Witness statements from coworkers or others who observed the incident or unsafe conditions
• Sworn statements or depositions from the injured worker and other parties involved
• Safety reports showing violations, maintenance failures, or prior complaints
• Employment records documenting job duties, schedule, and history with the company
• Photographs or videos of the accident scene, unsafe machinery, or resulting injuries
• Legal documents from internal investigations, regulatory bodies, or previous claims
• Correspondence between the injured worker and the railroad company about the injury
• Training records that show whether the employee was adequately instructed for the task
• Reports from OSHA or other agencies detailing safety violations or inspection failures

This collection of materials forms the foundation of the claims process and helps FELA attorneys prove that the railroad injury was more than just an accident—it was the result of employer negligence.

Because multiple parties are often involved in railroad operations, identifying who was responsible for the unsafe condition is vital.

Evidence like prior complaints or regulatory violations may demonstrate a pattern of disregard for safety.

These documents also serve to counter the railroad’s defense and may uncover other responsible entities.

Injured workers should begin collecting materials as soon as possible, even if they plan to hire legal counsel later.

The legal team will then use this information to construct a clear timeline, link the injury to workplace conditions, and validate the amount of claim compensation sought.

FELA cases can involve extensive litigation, and having detailed, credible documentation often influences whether a case settles or proceeds to trial.

Evidence that clearly ties the on-the-job injury to employer conduct can mean the difference between a denied claim and full recovery.

How Can Gianaris Trial Lawyers Help Retain and Present Evidence for My Railroad Injury Case?

When a FELA claim begins, having the right legal team in place is critical to preserving key evidence before it disappears or is manipulated by the railroad company.

At Gianaris Trial Lawyers, we work closely with injured employees to immediately launch our own investigation into the cause of the railroad injury.

Our experienced FELA lawyers know what types of documentation carry the most weight in court, from maintenance records to eyewitness accounts and safety violations.

We collect, organize, and present this evidence with strategic precision to demonstrate the railroad employer’s negligence.

Because FELA cases require the injured worker to prove fault, our legal expertise in managing technical details and timelines often leads to stronger claims and higher compensation.

We also protect clients from tactics used by railroad companies or the railroad claim agent to downplay or discredit injuries.

From start to finish, Gianaris Trial Lawyers builds your case on facts, credibility, and an aggressive approach to uncovering the truth.

Pursuing a FELA claim for an occupational disease or cancer is very different from filing after a single railroad accident or traumatic workplace injury.

While an acute injury may be documented immediately with an incident report, occupational illnesses require a more extensive look at long-term exposures, medical history, and expert opinions.

Because FELA covers both types of harm, the legal process for toxic exposure involves proving that years of unsafe conditions or chemical contact caused the illness.

These cases can be more complex, especially during settlement negotiations, because evidence must show a clear link between the workplace and the disease.

As with all FELA claims, lost wages, medical expenses, and other damages may be recovered with strong supporting documentation.

Evidence specific to occupational disease claims includes:

• Medical records that reflect diagnosis, progression, and treatments of the illness
• Work history documentation showing long-term employment and tasks that led to exposure
• Exposure records or job assignments indicating proximity to toxic substances
• Expert reports from occupational medicine or industrial hygiene specialists
• Witness statements from coworkers who can confirm unsafe conditions over time
• Prior safety violations or OSHA reports from the employer’s facilities
• Scientific studies linking the specific illness to the chemical exposure common in the railroad workplace

The legal process for a FELA claim is more complex than traditional workers’ compensation cases and requires careful planning, timely action, and extensive documentation.

Because FELA allows injured railroaders to sue their employer directly, the process typically involves investigation, negotiation, and litigation—all of which must meet the standards established by federal laws.

A claim may be filed in either state or federal court, giving your attorney strategic options based on jurisdiction, venue, and other legal factors.

As the case proceeds, mandatory settlement conferences may be scheduled to encourage resolution before trial.

If a settlement is not reached, the case advances through a series of pre trial maneuvers—including discovery, depositions, and expert disclosures—that determine the scope of the evidence and arguments allowed at trial.

Here’s how the legal process typically unfolds:

1. Seek Immediate Medical Attention: After a work related injury, getting medical care is your first priority—not only for your health, but to establish a record for your claim.
2. Notify the Railroad Employer and Document the Incident: File an accident report and speak with a union representative, who may assist in preserving workplace records or safety complaints relevant to your case.
3. Consult with a FELA Attorney: A qualified FELA lawyer can evaluate your case, explain how federal law applies, and begin building a claim tailored to your specific injuries.
4. Evidence Collection and Witness Interviews: Your legal team will gather medical records, maintenance logs, photos of the site, and witness statements from coworkers and supervisors.
5. File the Claim in State or Federal Court: Once sufficient evidence has been assembled, your attorney will formally sue the railroad employer, selecting a venue most favorable to your case.
6. Participate in Mandatory Settlement Conferences: The court may require both parties to attend a structured negotiation session in an effort to settle the case without trial.
7. Engage in Pre Trial Maneuvers: Attorneys will argue over what evidence is admissible and may use depositions, subpoenas, and motions to shape the case before the trial begins.
8. Proceed to Trial (If Necessary): A court reporter will document the proceedings as your attorney presents the case before a judge or jury to prove that the employer’s negligence contributed to your injury.
9. Verdict and Compensation: If the case is successful, the court will award damages to cover medical expenses, lost wages, and other losses directly linked to your injury.
10. Appeals (If Applicable): Either party may challenge the outcome, which may lead to a review of the trial record and legal arguments.

Throughout the legal process, Gianaris Trial Lawyers is prepared to handle every phase of your FELA claim—from gathering evidence and negotiating settlements to litigating in federal court when necessary—to maximize your compensation and protect your future.

To qualify for a FELA claim, you must be employed by a railroad engaged in interstate commerce at the time of your injury or illness.

Your injury must have occurred while performing job duties within the scope of your employment.

Unlike no-fault workers’ compensation systems, FELA requires you to prove that the railroad’s negligence contributed to your injury in some way, even if only partially.

This could involve unsafe working conditions, inadequate training, defective equipment, or failure to follow safety protocols.

FELA also covers occupational illnesses, such as cancer or respiratory diseases, resulting from long-term exposure to toxic substances like diesel exhaust or asbestos.

You don’t need to prove that the railroad was solely responsible—only that their actions or omissions played a role.

In the event of a fatal injury, the worker’s surviving spouse, children, or estate representative may also be eligible to file a claim.

Speaking with an experienced FELA attorney is the best way to determine your eligibility and start the claims process.

Railroad work is demanding, dangerous, and essential to the country’s infrastructure—but when employers fail to protect their workers, the consequences can be life-altering.

At Gianaris Trial Lawyers, we stand with injured railroad workers and their families, helping them hold negligent railroad companies accountable through powerful, evidence-based FELA claims.

Whether your injury happened in a single accident or developed over years of exposure on the job, our team will fight to recover the full compensation you are owed.

We know the law.

We know the railroad industry.

And we’re prepared to take your case as far as it needs to go.

Contact Gianaris Trial Lawyers today for a free consultation.

Use the chat feature on this page to find out if you qualify for a FELA case.