Why You Need a FELA Lawyer After a Railroad Injury
A railroad injury can affect you physically, emotionally and financially. Railroads don't like to pay FELA claims, and will do everything they can to limit your compensation.
An experienced FELA lawyer will take all of the factors into consideration when evaluating the full extent of your injuries and determining the amount you are rightfully owed.
FELA
The Federal Employers' Liability Act guarantees that railroad employees injured receive the financial help they need. The law is complex and requires a deep understanding of railroad operations, safety rules and legal procedures. A FELA attorney has specialized knowledge that can be invaluable to solve difficult issues.
A FELA claim may include damages for medical expenses, lost earnings and future loss of earning capacity. However, it is important to keep in mind that a worker is only entitled to these benefits if they are able to prove that the railroad company or manufacturer of the equipment was negligent in creating their injuries. A FELA attorney can assess your case, provide a preliminary assessment and develop a plan to get you the maximum compensation for your injuries.
It is crucial to seek medical attention as soon as possible when you're injured at work. It is essential to gather as much information about the injury as possible as soon as you can. This includes taking pictures and videos of the incident and obtaining the names and contact numbers of any witnesses. It also involves getting copies of any documents that pertain to your injury, as well as preserving other evidence like work clothing, medical equipment or other tools that could be crucial in establishing your responsibility.
Before giving a recorded statement to a railroad's claims department, or its lawyers, it is essential to speak with an FELA lawyer as soon as you have experienced an injury. The railroad's lawyers and its own lawyers can make use of any statement you make to sabotage or diminish the amount of compensation awarded in damages.
A knowledgeable FELA attorney can review the details of your case, provide any questions, and determine whether you're eligible to make claims. A first consultation with an FELA lawyer is absolutely free, and they can assess the potential of your case and advise you on the next steps.
Injuries suffered on the railroad can be severe. These injuries can cause chronic health issues such as brain injury, paralysis, and mesothelioma. These injuries can cause financial strain as hospital bills increase. A seasoned FELA lawyer can help you fight for the compensation you deserve.
Work-related Diseases
Railroad workers are susceptible to occupational diseases because of repetitive strain in certain body regions. This repeated trauma wears down joints and muscles faster than other parts of your body. This causes muscles and joints problems in the hands, shoulders, hips and knees. These injuries can cause numbness or discomfort, as well as weakness.
In addition to brain injuries resulting from trauma and other bodily harms that are severe railroad workers also face the risk of developing serious health conditions like mesothelioma, which is a form of cancer triggered by exposure to asbestos. These conditions often cause serious suffering and pain as well as financial stress when medical costs start to accumulate.
A FELA attorney with years of experience can help injured railroad workers receive the medical treatment they require and receive full compensation. This is not only the medical expenses that are currently and in the future as well as the loss of wages and benefits from the past and future injuries, pain and suffering, and emotional stress.
A lawyer can also protect a client's rights to treatment with the doctor they prefer. The supervisor of the railroad or other representatives of the company could try to influence the choice of doctor, but this isn't legally permitted. The quality of evidence used to support a claim also is a major factor in the amount of money recovered.
Accidents with railroad equipment tracks, shops and offices can cause devastating injuries. Most common are broken bones, burns, and cuts as well as head trauma and spinal cord injuries. Some railroad accidents result in the loss of limbs and severe injuries can alter the life of a worker for the rest of his or her life.
Amputees have to learn how to adapt to their new environment and overcome the challenges they have to face. They must learn to walk, hold an occupation, stay focused and think clearly. In addition to physical pain, victims of amputations frequently suffer from mental stress and a lower quality of life. In contrast to workers' compensation, FELA allows claims to be made for all damages that are not economic.
Cumulative Injuries
The first 30 days after an accident on a railroad are vital. It is essential to get in touch with a seasoned FELA attorney as soon as possible. A train accident lawyer who has experience can help improve your case and increase the amount of compensation you receive. An attorney can help determine the railroad's FELA responsibility by examining your claim. This usually involves taking photographs of the location where you were injured, speaking to witnesses, and inspecting or looking over the equipment or tools that caused your injury. As time passes, evidence could disappear or become unavailable.
Injuries resulting in cumulative trauma are common within the railroad industry. FELA allows employees to pursue these claims. However, if you submit a claim for cumulative trauma, the three-year statute of limitations may prevent you from recovering damages for your injury. Our railroad injury attorneys have successfully handled cases involving injuries from cumulative trauma.
Unlike worker's comp, FELA claims give you the right to sue your employer in order to recuperate the lost wages of the past and in the future in addition to the future medical costs including pain and suffering, as well as aggravation of existing health conditions. You may also seek damages for mental anguish, physical disfigurement and loss of enjoyment in your life. The amount you are owed will be determined by a juror and not a workers' compensation board which has never met with you.
It is essential to notify your employer as soon as you're injured at work. This will ensure the railroad is aware that you've suffered an injury and that you receive proper medical treatment. If the railroad requires you to record a statement or fill out a Cumulative Trauma Questionnaire be sure to not do it without consulting your attorney.
If you've been told to visit an approved doctor by your employer to treat your injuries, don't agree. Your lawyer will be able to provide you with the names of doctors who are approved by the railroad. Keep documents of your medical treatments and do not let your railroad employer manipulate you into paying for care that isn't needed or unnecessary.
Death
Rail employees are exposed to dangers that could be fatal. If a worker is killed due to work-related injuries and injuries, the FELA statute permits his or her family members to get compensation for the loss. Compensation may include funeral expenses as well as loss of future earnings, medical bills and other losses in monetary terms. It is essential to choose an attorney with a deep knowledge of the law as well as familiarity with FELA cases.
A FELA attorney can assist a railroad employee file a claim, by gathering evidence and giving expert testimony. The lawyer can also aid in negotiations for a settlement. If a settlement is not reached, the case can be argued.
A seasoned FELA attorney understands the importance of presenting strong evidence before the jury to maximize the chances of a positive verdict. The attorney will assist clients collect medical records and other evidence and interview witnesses. They will also provide evidence to prove that the railroad company was negligent.
FELA claims differ from state workers' compensation since railroads are held to a higher safety standard. Railroad employers must provide appropriate training, safe tools and equipment along with the correct working procedures. They must also examine their work sites on a regular basis and rectify any safety hazards they discover. If fela claims fail to fulfill their obligations, or if unsafe practices or customs continue after an accident, they could be found to be negligent.
It is crucial to seek medical attention right away if you are injured at work. Do not make an unrecorded statement or take part in a reenactment of the accident. In addition, do not sign a medical authorization giving railroads access to your medical records. Do not let the supervisors or railroads interfere with your medical treatment by directing you to see an approved doctor. You should see a doctor you have confidence in and inform all doctors of your job-related injury and the symptoms that you are experiencing.
A FELA lawyer can help you obtain the maximum amount of compensation allowed by the law if you have suffered injury or illness because of your railroad work. Contact a licensed attorney as soon as possible to help you navigate the three-year FELA limitation period.