Virginia FELA Overview

Virginia FELA Lawyers

VIRGINIA BEACH • NORFOLK • CHESAPEAKE • RICHMOND • NEWPORT NEWS • HAMPTON

Are you a railroad worker who has suffered an on-the-job injury? The Federal Employers' Liability Act (FELA) establishes the procedures for injured workers to recover compensation. Due to the complexities of these procedures, injured workers are best served by working with an attorney who understands the nuances of FELA — to seek maximum compensation on the injured's behalf.

The attorneys of Gordon, Elias & Seely, L.L.P. have more than 51 years of experience fighting for the rights of injured railroad workers throughout Virginia. We help people who have suffered a range of injuries at work, from head injuries to lost limbs. To speak to a Virginia FELA claims attorney in a free consultation, call us toll free at 800-773-6770 or contact us online.

Gordon, Elias & Seely, L.L.P. also represents FELA claimants for repetitive or cumulative trauma claims. For an in-depth discussion of the different types of cumulative claims please visit:

• Whole Body Vibration [WBV]
• Ankle & Knee Cumulative Injury

FELA was enacted to establish the authority of injured workers to recover compensation for a range of injuries caused by railroad employer negligence. It was very apparent to the government that railroad employees faced risks and dangers in this particular line of work. Congress addressed the problem of railroad worker injury claims by allowing them to file FELA claims for damages in either state or federal court.

FELA also makes it easier to prove the railroad's liability, reducing the burden of proof for ordinary negligence and, in some cases, actually waiving the need to prove negligence if the railroad violated a safety statute or regulation.

At Gordon, Elias & Seely, L.L.P., we can help you in every aspect of your FELA claim, from explaining the FELA claims process to explaining what compensation is available in regards to the type of injury sustained.

We limit our caseload so we can focus fully on providing great customer service. When you choose us to represent you in your railroad accident case, you will work directly with an attorney — not an associate or paralegal.

We know firsthand how dangerous the railroad industry is. Railroad workers face dangers and risks every day on the job. We are focused on helping people just like you recover after an accident. If you have been injured on the job, contact Gordon, Elias & Seely, L.L.P. for a free consultation about how we handle FELA claims.

The following is a list of all the railroads operating in Virginia and covered under FELA:

Bay Coast Railroad (BCR), Buckingham Branch Railroad (BB), Canadian Pacific Railway (CP), through subsidiary Delaware and Hudson Railway (DH) (trackage rights, not used), Chesapeake and Albemarle Railroad (CA), Commonwealth Railway (CWRY), CSX Transportation (CSXT), Durbin and Greenbrier Valley Railroad (DGVR) operates Shenandoah Valley Railroad (SV), Norfolk and Portsmouth Belt Line Railroad (NPB), Norfolk Southern Railway (NS) including subsidiaries Chesapeake Western Railway (CHW) and Interstate Railroad (INT), North Carolina and Virginia Railroad (NCVA), Virginia Southern Railroad (VSRR) and Winchester and Western Railroad (WW)

The above railroads range from Class I through Class III railroads and some are very small short line railroad companies. Nevertheless, anyone injured while working for these railroads would have a FELA claim and should report their claim and seek legal advice.

Freight railroads are classified by the Federal Rail Administration (FRA) based on annual operating revenues as follows:

Class I – annual revenues greater than $258.5 million;
Class II- annual revenues between $40 million and $258.5 million; and
Class III- annual revenues under $40 million.

These railroads are deemed as passenger railroads in the State of Virginia: Amtrak (AMTK) and Virginia Railway Express

ALEXANDRIA • PORTSMOUTH • ROANOKE • SUFFOLK • LYNCHBURG • DANVILLE CHARLOTTESVILLE • HARRISONBURG • MANASSAS • PETERSBURG • SALEM • WINCHESTER • STAUNTON • HOPEWELL • FAIRFAX • WAYNESBORO • BRISTOL

51 years of Combined Experience Representing Injured Railroad Workers

Designated Legal Counsel (DLC) and non-DLC FELA Lawyers Practice the Same FELA Law

In most instances, the injured railworker is a member of a union. Unions such as the Brotherhood of Maintenance of Way (BMWE), the Brotherhood of Locomotive Engineers (BLE), both of which are under the Brotherhood of International Teamsters (BIT), have large numbers of workers in the rail industry. Other Unions include:

1. American Train Dispatchers Department Brotherhood of Locomotive Engineers ATDA
2. Brotherhood of Railway Signalmen BRS
3. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers IBB
4. International Brotherhood of Electrical Workers IBEW
5. National Conference of Firemen and Oilers of SEIU IBF&O
6. Sheet Metal Workers' International Association SMWIA
7. Transportation Communication Union-Clerks TCU-BRAC
8. Transportation Communication Union-Carman TCU-BRC
9. United Transportation Union UTU

Whatever your Union, more than likely they will have a designated union counsel. These DLC firms practice FELA law. There are many other law firms that do not have Union designation and they also practice FELA law. In every instance when you are injured, a claims agent will try to immediately take a statement from you. You should definitely speak to a FELA Lawyer, DLC or Non-DLC, before you give a statement to a claims agent. As to choosing a DLC or a non-DLC, you should choose the lawyer that you feel comfortable with and you should not be "pushed" to hire any lawyer. A FELA Lawyer can help you pursue a claim for railroad workers' compensation, i.e., FELA, if you have been injured.