Railroad work is one of the most dangerous jobs in the USA, and the risk of injury is always present in the workplace. The Federal Employers’ Liability Act (FELA) is a law that ensures that railroad workers who are injured on the job can seek compensation for their injuries. Filing a FELA claim can be complicated, but it is essential to ensure that you get the maximum compensation possible. This blog post will guide you through the process of applying for a railroad worker injury claim.
Seek Medical Attention
Whenever you get injured, the first step is to seek medical attention, even if you think the injury is minor. Delaying medical treatment can worsen the injury and also weaken your claim. Your employer must provide medical assistance when you report the injury. Still, it is advisable to seek medical attention from a personal doctor to verify the extent of the injuries. These medical reports will serve as evidence in your FELA claim.
Report the Injury
Report the injury to your employer immediately after the accident. You should ensure to describe the accident in detail, including the cause, location, and time. Complete an accident record form and keep a copy for your records. Do not sign any form from your employer unless you have read and understood it. The form might contain a clause that waives your right to sue the company.
Contact a Personal Injury Lawyer
It is highly recommended that you contact a personal injury lawyer at this point. An attorney can review your case and help you understand your rights. They can ensure that you file the paperwork correctly and help you gather enough evidence to support your claim. The attorney can help you negotiate with your employer or the insurance company, ensuring you get maximum compensation.
File the Claim
After consulting with an attorney, file a FELA claim with the railroad’s insurance company. You have three years from the date of injury to file a lawsuit. You should file the claim within the specified time frame to avoid losing your right to file a lawsuit. It is essential to fill out the claim form correctly, providing all the required details, such as your name, employer, injury location, and your medical doctor’s name.
Attend the Hearing
After filing the claim, there will be a hearing process to determine the compensation you are eligible for. The hearing will be conducted in court, and your FELA lawyer will represent you. You should attend the hearing and answer any questions honestly.
Filing a FELA claim can be complicated and overwhelming. However, following the above five steps can ensure that you file a successful claim. Remember to seek medical attention, report the injury to your employer, contact a personal injury lawyer, file the claim, and attend the hearing. By following these steps, you stand a better chance of getting maximum compensation for your injuries.
Author information: Lizzie Weakley is a freelance writer from Columbus, Ohio. In her free time, she enjoys the outdoors and walks in the park with her husky, Snowball.
