How much time do I have to commence a FELA lawsuit against my railroad employer?
The statute of limitations is three (3) years. However, in some cases it may not be clear when the three-year
time limit starts to run. Therefore, you should seek advice from a knowledgeable attorney regarding your
How much time do I have to file a Complaint with OSHA in an FRSA or “whistleblower” case?
You must file your complaint with OSHA within one hundred and eighty days from the date adverse action was taken
against you. Fact patterns in these cases can be complex and we strongly encourage you to discuss your
particular case with a knowledgeable attorney.
How are you paid for your work?
We do not take a fee in an FELA case unless you make a recovery, we charge a percentage of the amount recovered.
This is known as a “contingency” fee.
Will Brian Reddy personally work on my case?
A claims agent from the railroad wants to take a statement from me regarding my case. What should I do?
The railroad employs claim agents to protect the railroad’s interest. The claim agent does not work for you.
Think about this: if your case ever goes to a trial, the claim agent who wants to take a statement from you now,
will most likely sit at the table with the railroad's lawyers at court. Any statement you provide will be given
to the railroad’s attorneys, and they will go thorough it with a “fine tooth comb” to see if they can twist
anything you say and use it against you at trial. If you have been dealing with a claim agent, we urge you to
consult with a knowledgeable attorney before giving any statement. At The Reddy Law Firm, we are happy to
such a situation with you, without charge or obligation.
I was injured while staying at a hotel provided by my railroad employer between trips, OR, I was injured while being transported, "dead headed," by a railroad "limo" or "jitney." The railroad says they are not responsible, because it was not their property / van. Is there anything I can do to recover my loss of earnings or other damages?
Assuming either the limo / jitney or the hotel acted negligently to cause your injury, then you may be covered
under the FELA. Railroads are not allowed to dodge their responsibilities under the FELA by telling you that you
need to deal with the hotel or limo company yourself. These other companies are considered agents of the
railroad for purposes of the FELA. The railroad can be responsible for any negligence of these agents. This is
known as “vicarious liability.” The railroad may also be responsible, based on its own actions or failures, such
as failing to act on complaints made about an unsafe condition at the hotel or an unsafe driver working for a
"limo" or "jitney" transportation company.
The railroad is bringing me up on charges after I reported my injury. Is there anything I can do?
If this happening to you, we encourage you to speak to a knowledgeable attorney to discuss your situation
immediately. Congress has passed laws making it unlawful for railroads to discipline workers because they make a
good-faith report of an unsafe condition at work, or because they have reported an on-duty or work-related
injury. These laws are often referred to as "whistleblower protection" under the Federal Rail Safety Act (FRSA).
If this has happened to you, you may be legally protected, BUT you must act to protect your rights within a very
limited time. You should seek legal advice immediately. At The Reddy Law Firm we are happy to discuss such a
situation with you, without charge or obligation.
Are you available to address a meeting of workers and/or their spouses to educate them about their rights if injured?
Yes. Brian Reddy has addressed numerous groups on this topic, often at a local union meeting. If you would like
him to attend such a meeting, please contact us and we'll be happy to schedule it.
Does the FELA apply to non-transportation department employees such as office workers, or maintenance and repair workers?
Yes. The FELA applies to all employees of a railroad provided it engages in interstate commerce. As a practical
matter, virtually all railroads in the United States are considered to engage in interstate commerce
If I bring an FELA claim, will I have to go through a trial in court?
Not necessarily. The majority of FELA cases handled by The Reddy Law Firm settle prior to trial. However, it is
important to remember that should a case not settle, the law provides a right to a jury trial for recognized
FELA claims. Therefore, it is to your great advantage to have an attorney who has experience both trying these
cases in court, and who has obtained successful verdicts for his clients. With The Reddy Law Firm, that is what
you will get.