Why You Need a FELA Lawyer After a Railroad Injury
A railroad accident can affect you physically, emotionally and financially. The railroads do not like having to pay FELA claims and will do everything they can to limit your recovery.
An experienced FELA lawyer will take all factors into consideration when evaluating the full extent of your injuries and determining the amount you are entitled to.
FELA
The Federal Employers' Liability Act ensures that injured railroad employees receive the financial aid they need. The law is complicated and requires an understanding of railroad operations, safety regulations and legal procedures. A FELA attorney brings specialized knowledge that can be invaluable to solve complex issues.
A FELA claim can be a source of damages for medical expenses or loss of earnings, as well as 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 an initial evaluation and devise a plan to get you the maximum compensation for your injuries.
If you're injured while working it is imperative to seek immediate medical attention. Immediately after an injury, it is also essential to gather as much information as you can. This includes taking photos and videos of the accident and obtaining names and numbers of any witnesses. Also, it is important to get copies of any documents that pertain to your injuries, as well as keeping other evidence, like medical equipment, work attire or other equipment which could be important in establishing your responsibility.
Before you make a recorded statement to the railroad's claims department or its lawyers, it is essential to consult an FELA lawyer immediately after the injury. The railroad's attorneys as well as its own lawyers can use any statement you make to undermine your case or decrease the amount of damages you are awarded.
An experienced FELA lawyer can review your case, answer any questions and determine if you're eligible to make claims. A FELA lawyer can provide free consultations to evaluate your case's strength and provide suggestions on how to proceed.
The accidents that happen on the railroad are often severe. These injuries can cause chronic health issues like brain injuries mesothelioma, paralysis and even brain injury. These injuries can cause financial strain as insurance premiums and hospital bills increase. A FELA lawyer with years of experience can assist you to secure the compensation you deserve.
Occupational Diseases
Many railroad workers develop occupational diseases due to repeated straining of certain body areas. This repetitive trauma causes the joints and muscles to wear down faster than other body parts and can cause muscle and joint disorders in the back, hips, knees, shoulders, hands, and neck. These injuries can cause numbness and discomfort, as well as weakness.
Railroad workers are at risk of developing serious conditions such as mesothelioma. This is a type of cancer that is caused by exposure to asbestos. These conditions often cause serious pain and suffering and financial stress when medical costs begin to pile up.
An experienced FELA attorney can help injured railroad workers get the right medical treatment and get full compensation for their losses. This is not only the current and future medical expenses but also lost wages and benefits from the past and the future injuries, pain and suffering, and emotional anxiety.
A lawyer also can protect the rights of a patient to be treated with the doctor they prefer. The supervisor of the railroad or other representatives of the business may attempt to influence a client's choice of a doctor, but this is not legal. The quality of evidence used to support a claim also has a significant impact on the amount of money recovered.
Accidents with railroad tracks, machinery shops and offices could cause devastating injuries. The most frequent are burns, fractured bones and cuts, 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 to adapt to their new life and face the challenges of learning to walk, hold jobs, concentrate and think clearly. In addition to the physical pain, amputation victims often experience mental anguish and a lower quality of life. In contrast to workers' compensation, FELA allows claims to cover all non-economic damages.
Cumulative Injuries
The first 30 days following an injury to a railroad are crucial. It is essential to contact an experienced FELA attorney as soon as you can. Having an experienced train accident lawyer at your side from the beginning can greatly improve the quality of your case and the amount of compensation you receive. By examining your claim, a lawyer can help establish the railroad's FELA obligation. This typically involves taking photographs of the place in which your injury occurred, speaking with witnesses, and examining the tools or equipment which caused the injury. As fela railroad accident lawyer goes by, evidence could disappear or be lost.
The risk of suffering from cumulative trauma is common in the railway industry and FELA permits workers to pursue these types of claims. If you do submit a claim for cumulative trauma the three-year statute limitations could stop you from obtaining damages for your injuries. Our railroad injury attorneys have handled cases that involved injuries from cumulative trauma.
In contrast to worker's compensation, FELA claims give you the right to pursue your employer to get back the lost wages of the past and in the future in addition to future and current medical expenses including pain and suffering, as well as aggravation of existing conditions. You may also seek damages for mental distress, physical disfigurement, and loss of enjoyment in your life. Moreover the damages you claim will be determined by a jury--not by a workers' compensation board that doesn't meet your needs.
It is crucial to inform your employer immediately if you suffer injuries while working. This will ensure that the railroad is aware that you have been injured and will ensure that you receive the proper medical treatment. If the railroad requests an audio recording of your statement, or an Cumulative Trauma Questionnaire to be completed, consult your attorney prior to filling it out.
Also, if you have been asked to see an employer-approved doctor for your injuries, don't accept. Your lawyer can provide you with a list of approved doctors that you can select from. Keep the record of your medical treatments and do not let your railroad company make you pay for unnecessary or premature care.
Death
Railroad workers are frequently exposed to dangers which can cause fatal injuries. The FELA law allows the family members of a worker who is killed due to an injury sustained on the job to claim damages. Compensation can include funeral expenses as well as loss of future earnings, medical expenses and other losses in monetary terms. It is important to hire an attorney who has a thorough understanding of the law and experience with FELA cases.
A FELA lawyer can help railroad employees to file a claim, by gathering evidence and giving expert testimony. The attorney can also help in negotiating a settlement. If a settlement is not reached, a case can go to trial.
A seasoned FELA attorney is aware of the importance of providing solid evidence before the jury to increase the odds of a positive verdict. They will assist a client in gathering medical records and other documents. They can also interview witnesses and be witnesses.
FELA claims differ from state workers' compensation because railroads are held to a higher safety standard. Railroad employers are required to provide training, secure equipment and tools as well as the proper procedures for work. They are also required to inspect their work site regularly and fix any safety hazards they find. If railroad companies fail to meet their duties, or if unsafe practices or practices persist after an accident, they could be found negligent.
It is important that you seek medical attention as soon as you're injured at work. Do not make a recorded statement, or take part in a performance. In addition, do not sign a medical authorization that gives railroads access to your medical records. Don't let the railroad or supervisors interfere with your medical treatment by telling you to visit the doctor they are comfortable with. You should consult a doctor that you trust and tell all doctors about your work-related injury.
A FELA lawyer can assist you to receive the maximum amount of compensation under the law if you've been injured or sick due to your railroad work. Contact a licensed attorney as soon as possible to assist you in navigating the three-year FELA time limit.