Attorney Harrison Kaplan: Advocate for Injured Workers

If you’re a railroad worker hurt on the job, you’re not covered by regular workers’ comp. You’re covered by a different law entirely, one most people have never heard of until they need it. That law is the Federal Employers Liability Act (FELA), and getting it right can mean the difference between a settlement that covers your medical bills for years and one that runs out before your recovery does.

Attorney Harrison Kaplan practices at Kaplan Law Corporation, a California firm that’s spent decades focused on railroad worker injuries, maritime injuries under the Jones Act, and personal injury litigation more broadly. This guide walks through what FELA actually covers, how it differs from workers’ comp, what a Jones Act claim looks like, and what to expect if you’re considering legal representation after a workplace injury.

What Is FELA, and Why Does It Matter to Railroad Workers?

The Federal Employers Liability Act was passed by Congress in 1908 for one reason: railroad work was dangerous, and the injury remedies available at the time weren’t cutting it. Over a century later, FELA is still the law that governs on-the-job injuries for interstate railroad employees.

Here’s the part that surprises a lot of injured workers: FELA is not workers’ compensation.

Workers’ comp is a no-fault system. You get benefits regardless of who caused the injury, but the payout is fixed by a schedule, and you generally can’t sue your employer for more.

FELA works differently. It’s a fault-based system, which means:

You have to show your employer was at least partly negligent
But the bar for “partly negligent” is low, courts have held that even slight negligence contributing to an injury is enough
You can pursue a jury trial rather than an administrative claims process
You may recover both economic damages (lost wages, medical costs) and non-economic damages (pain and suffering), which workers’ comp typically doesn’t allow

Kaplan Law Corporation notes that FELA preempts state workers’ compensation laws for interstate railroad employees, meaning railroad workers don’t file a comp claim the way most other injured employees do. They file under federal law instead. That distinction alone is why railroad injury cases often need attorneys who specifically handle FELA claims, not general injury lawyers unfamiliar with the statute.

What Counts as a FELA Injury?

FELA covers more than the dramatic, single-incident accidents you might picture, a derailment, a fall from equipment, a crush injury during switching operations. It also covers cumulative trauma, injuries that build up over months or years of repetitive work.

Think about what railroad work actually demands: repetitive motions, vibration exposure, heavy lifting, awkward positions, walking on uneven ballast for a full shift. None of that looks like a single traumatic event. But the wear on a worker’s shoulders, back, or joints is just as real, and just as compensable under FELA, as an acute injury.

A worker who develops a shoulder injury from years of coupling and uncoupling railcars has a claim. So does a conductor with chronic back pain from years on rigid equipment. The key is showing the employer’s negligence, unsafe equipment, inadequate training, ignored maintenance, contributed to the harm.

What Should You Do Immediately After a Railroad Injury?

If you’re hurt on the job, what you do in the first hours and days matters.

Report the injury. Under most railroads’ general rules, you’re required to fill out an accident report. Do it, and do it accurately.
Get medical attention, and make sure it’s documented.
Be careful what you sign. Railroad claims agents may approach you quickly after an injury, sometimes before you’ve even seen a doctor. You are not obligated to give a recorded statement or sign anything on the spot.
Talk to a FELA claims attorney before accepting any settlement offer. Early offers are often calculated to be far below what a claim is actually worth.

This is where workplace injury litigation experience matters. A firm that regularly handles operating department cases, the kind of day-to-day injuries that happen on tracks, in yards, and aboard equipment, knows what railroads typically argue and how to counter it.

Jones Act Claims: FELA’s Maritime Counterpart

If FELA covers railroad workers, the Jones Act covers seamen injured in the course of maritime employment. The two statutes share DNA. Both are fault-based, both allow for jury trials, and both permit broader damages than a standard workers’ comp claim.

Kaplan Law Corporation’s practice extends into Jones Act maritime injury cases alongside its FELA work, which matters because the overlap in legal standards means firms experienced in one often understand the other well. If you work on a vessel and you’re hurt due to unseaworthy conditions or employer negligence, the Jones Act may be your path to full compensation, not a comp schedule.

Beyond Rail and Maritime: California Personal Injury and Employment Law

Not every case that walks through the door involves a railroad or a ship. Kaplan Law Corporation also handles a broad range of California personal injury matters, including:

Third-party construction accidents
Motor vehicle collisions
Product liability
Premises liability
Wrongful death
Aviation accidents

How Comparative Negligence Affects Your Claim

California follows a comparative negligence rule, meaning your compensation can be reduced by your own percentage of fault in an accident, but it isn’t automatically barred just because you share some blame. This principle traces back to the California Supreme Court’s landmark ruling in Li v. Yellow Cab Co. (1975), which replaced the older, harsher rule that could block recovery entirely if a plaintiff was even slightly at fault.

Practically, this means: if you were partly responsible for a car accident but the other driver was mostly at fault, you can likely still recover damages, just reduced by your share of fault. This is a nuance a lot of injured people don’t realize until they’re already negotiating with an insurance adjuster who’s hoping they don’t.

Employment Law and Workplace Disputes

Beyond physical injury cases, the firm’s practice touches employment law issues, wrongful termination, discrimination, and whistleblower claims. These cases run on a different track than FELA or personal injury litigation, but they share a common thread: they involve workers who’ve been harmed, financially or otherwise, by conduct their employer should be held accountable for.

What to Expect When You Contact a FELA Claims Attorney

If you’re new to this process, here’s a realistic walkthrough of what typically happens:

Initial consultation. You describe what happened, when, and what your injuries are. This is where an attorney evaluates whether you have a viable FELA, Jones Act, or personal injury claim.
Investigation. This includes gathering accident reports, medical records, equipment maintenance logs, and witness statements.
Claim valuation. An experienced firm calculates damages based on medical costs, lost wages (past and future), and pain and suffering, not just what the railroad’s claims department initially offers.
Negotiation or litigation. Many FELA and personal injury claims settle. Some go to trial. Having representation prepared to try a case, not just negotiate, tends to change how seriously the other side takes a claim.

Common Pitfalls Injured Workers Should Avoid

Don’t give a recorded statement to the railroad’s claims agent without legal advice first.
Don’t assume a quick settlement offer reflects your claim’s true value. Early offers are frequently lowball.
Don’t wait too long. FELA claims are subject to a statute of limitations (generally three years from the date of injury), and evidence degrades over time, memories fade, equipment gets repaired or replaced, records get purged.
Don’t handle cumulative trauma claims alone. These cases require documentation connecting years of working conditions to a current injury, which is harder to build without legal support.

Why Representation Matters in FELA and Jones Act Cases

FELA and Jones Act cases aren’t like typical personal injury claims. Railroads and maritime employers have institutional experience defending these claims, dedicated claims departments, in-house or retained counsel, and resources most individual workers simply don’t have.

Kaplan Law Corporation notes it provides union-approved representation and makes FELA rights information available in English, Navajo, and Spanish, reflecting the diversity of the railroad workforce it serves. That kind of accessibility matters when workers are trying to understand federal rights that most general practice attorneys rarely encounter.

If you’re facing a railroad or maritime injury claim, working with a firm that concentrates specifically in this area, rather than treating it as one case type among many, can shape how thoroughly your claim is investigated and how it’s ultimately valued.

Key Takeaways

FELA and the Jones Act exist because railroad and maritime work carry real, well-documented risks, and Congress recognized that standard workers’ comp wasn’t built to address them. If you’ve been hurt on the job as a railroad or maritime worker, or in any California workplace or accident, understanding the difference between fault-based federal remedies and standard comp claims is the first step toward getting fully compensated. Consulting an attorney experienced in FELA claims, Jones Act litigation, and California personal injury law can help you understand what your claim may actually be worth before you sign anything.

Frequently Asked Questions

What is the difference between FELA and workers’ compensation?
Workers’ comp is a no-fault system with fixed benefit schedules. FELA is fault-based, requires showing employer negligence (even slight negligence counts), but allows for jury trials and broader damages, including pain and suffering.

How long do I have to file a FELA claim?
Generally, FELA claims must be filed within three years of the date of injury. For cumulative trauma injuries, this can be more complex to calculate, since the “date of injury” isn’t always a single clear event.

Can I still recover damages if I was partly at fault for my injury?
In California, comparative negligence rules mean you can generally still recover damages even if you share some fault, though your compensation may be reduced proportionally.

What’s the difference between FELA and the Jones Act?
FELA covers railroad workers; the Jones Act covers seamen injured during maritime employment. Both are fault-based federal statutes with similar legal standards, unlike standard workers’ comp.

Should I give a statement to my employer’s claims agent after an injury?
It’s generally advisable to consult an attorney before giving a recorded statement or signing any settlement documents, since early statements and offers can affect your claim’s value.

Does a cumulative trauma injury qualify for a FELA claim?
Yes. Injuries that develop gradually from repetitive motions, vibration, heavy lifting, or awkward positions over time can qualify, not just single-incident accidents.

What types of cases does Kaplan Law Corporation handle beyond FELA?
The firm also handles Jones Act maritime injuries, California personal injury cases (auto, construction, premises liability, product liability, wrongful death, aviation), and employment law matters including wrongful termination and discrimination.