FELA became law in 1908. Under FELA, an injured railroad employee or his/her family survivors have the right to recover damages in court (state or federal). They have the right to a jury trial which can award damages based upon the railroad’s negligence that resulted in the employee’s injury or death.

Choosing a BMWE-designated FELA attorney is important because, as one court case stated, "injured workers or their families often fall prey ... to persuasive claims adjusters eager to gain a quick and cheap settlement for their railroad employers, or to a lawyer either not competent to try these lawsuits against the able railroad counsel or too willing to settle a case for a quick dollar."

Since most people don’t deal with lawyers except in a time of need, the BMWE has a long-standing policy of evaluating FELA law firms. Using established guidelines, the BMWE chooses the best to be on its approved or designated list which is printed twice yearly in the BMWE Journal.

Criteria used for evaluating FELA law firms include:

• Must have an established record of successful litigation experience.
• Must furnish Grand Lodge with a summary of cases handled (insofar as such disclosure is consistent with "attorney-client" privilege)
• Must charge a contingency fee of no more than 25 percent.
• Must give injured members free advice in connection with their injury and render free assistance to them in related matters.

Because the BMWE recognizes the importance of competent and fair legal counsel for its members, it regularly monitors the activities of the law firms on its list and makes changes when needed.

If you do not have a copy of the approved list of attorneys when you need it, just call your system division or federation office and they will give you names and other necessary information. In addition, all approved attorneys are issued official Grand Lodge credentials each year like the one reproduced here. If an attorney contacts you, be sure to ask for his credential.