Filing a FELA claim involves several critical steps and requires the injured worker to identify negligence on the part of the railroad. Hiring an experienced FELA attorney can significantly improve the chances of a successful claim. If you are a railroad worker injured on the job, understanding your rights under FELA and taking prompt action can help you secure the compensation you deserve.
1. Understanding FELA
- Purpose: The FELA aims to provide financial recovery for injured railroad employees, encouraging employers to maintain safe working environments.
- Scope: Covers railroad workers who are injured while working due to the negligence of a railroad employer, co-worker, or equipment.
2. Eligibility
- Employee Status: The claimant must be a railroad worker employed by a railroad company.
- Negligence Proof: The worker must prove that the railroad’s negligence (even if slight) played a part in causing the injury.
3. Steps to File a FELA Claim
a. Immediate Actions Post-Injury:
- Seek Medical Attention: Prioritize your health and safety.
- Report the Injury: Notify your supervisor or employer as soon as possible.
b. Documentation:
- Medical Records: Keep all medical records and receipts.
- Incident Report: Write a detailed incident report, including date, time, location, and circumstances of the injury (contact FELA attorney for legal advice).
- Witnesses: Collect contact information from any witnesses.
c. Legal Advice:
- Hire a FELA Attorney: Always consult a lawyer experienced in FELA claims who can help navigate the complexities of the law and ensure proper filing of the claim.
d. Filing A Lawsuit:
- Complaint: Your attorney will file a complaint in either state or federal court.
- Discovery: Both parties will gather evidence, take depositions, and build their cases.
e. Negotiation and Settlement:
- Complaint: Your attorney will file a complaint in either state or federal court.
- Discovery: Both parties will gather evidence, take depositions, and build their cases.
4. Damages
Under FELA, injured workers can recover damages for:
- Medical Expenses: Both past and future medical costs.
- Lost Wages: Compensation for lost income and loss of earning capacity.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and mental anguish.
- Disability: Compensation for permanent disability or disfigurement.
5. Statue of Limitations
- 3 YEAR DEADLINE: FELA claims must be filed within three years from the date of the injury.
6. Common Challenges
- Proving Negligence: Unlike workers’ compensation, you must prove that the railroad was negligent or “at fault” for causing the injury.
- Complex Legal Process: FELA claims can be legally intricate and often require expert testimony to reveal violations of safety regulations and/or procedures to prove how the Railroad is at fault.
