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Why You Need a FELA Lawyer After a Railroad Injury
A railroad accident can have a negative effect on you emotionally, physically and financially. Railroads do not like having to pay FELA claims and will work hard to limit your compensation.
An experienced FELA lawyer will take all of the aspects into consideration when assessing the full extent of your injuries and determining what you are rightfully owed.
FELA
The Federal Employers' Liability Act (FELA) ensures that injured railroad workers receive the financial support they need. The law is complicated and requires a thorough understanding of railroad operations, safety rules and legal procedures. A FELA lawyer brings specialized expertise to the case that can be extremely helpful in resolving difficult 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. It is important to note that workers are only eligible for these benefits if they can prove the railroad company or the equipment manufacturer was negligent. A FELA lawyer can assess your case and provide an initial evaluation. They can also devise an action plan to ensure that you get the maximum amount of amount of compensation.
If you're injured on the job it is essential to seek immediate medical attention. Immediately after an injury, it is crucial to collect as much information as possible. This includes taking photographs and videos of the accident and obtaining the names and numbers of witnesses. Also, it is important to get copies of the documents relating to your injury, as well as keeping other evidence, like medical equipment, work clothes or tools which could be important in establishing your responsibility.
Before giving a recorded statement to a railroad's claims department, or its lawyers, it is important to consult an FELA lawyer right away following the injury. The railroad's attorneys and its own lawyers could use any assertion you make to undermine your case or reduce the amount of damages you are awarded.
A seasoned FELA lawyer can review your case, answer any questions and determine if you are eligible to file a claim. A first consultation with an FELA lawyer is absolutely free and they can evaluate the potential of your case and advise you on the next steps.
The injuries that can occur on the railroad are typically severe. These injuries often result in chronic health issues, such as brain damage, paralysis, mesothelioma and other serious illnesses. Most often these injuries can cause substantial financial burdens as hospital bills and insurance premiums increase. A seasoned FELA lawyer can help you fight for the compensation you're entitled to.
Work-related Diseases
Railroad workers are susceptible to occupational diseases because of repeated straining in certain body regions. This repeated trauma causes muscles and joints to wear out more quickly than other body parts, which leads to muscular skeletal problems in the hips, back and knees, shoulders, neck, and hands. These injuries can cause numbness or discomfort and also weakness.
Railroad workers are at risk of developing serious conditions such as mesothelioma. It is a form of cancer that is caused by asbestos exposure. These illnesses can cause serious suffering and pain, as well as financial strain when medical bills begin to pile up.
A FELA attorney with experience can help railroad workers injured receive the medical treatment they require and receive the full compensation they deserve. This is not just future and current medical bills but also lost wages, past and future benefits along with pain and suffering, emotional stress, aggravation of pre-existing conditions, and a diminished quality of life.
A lawyer can also protect clients' rights to receive treatment with the doctor of their choice. The supervisor of the railroad or other employees of the company may try to influence a client's choice of a doctor, but this isn't legally permitted. The quality of the evidence used to support a claim also plays a significant role in the amount of money that is recovered.
Accidents involving railroad equipment tracks, shops, and offices can result in devastating injuries. The most common injuries are broken bones, burns, and cuts head trauma, and spinal cord injuries. Certain railroad accidents can result in the loss of limbs, and the severe injuries could alter the life of a worker for the rest of his or her life.
Amputees must adjust to their new lifestyles and must face the challenges of learning how to walk, work an occupation, focus, and think clearly. Amputation sufferers also experience mental anguish, and a diminished quality of life. Unlike workers' comp, FELA allows claims to be made for all damages that are not economic.
Cumulative Injuries
The first 30 day following an injury on a railroad is crucial. It is important to contact an experienced FELA attorney as soon as you can. A train accident lawyer who has experience can improve your case and increase the amount of compensation you receive. Through investigating your claim, an attorney can assist in establishing the railroad's FELA responsibility. This typically involves taking photographs of the area where the injury occurred, speaking to witnesses, and examining the tools or equipment which caused the injury. The evidence may fade over time or become unavailable.
The risk of suffering from cumulative trauma is common in the railway industry and FELA allows workers to pursue these types of claims. However, if you submit a claim for cumulative trauma the three-year statute limitations could stop you from obtaining damages for your injury. Our railroad injury lawyers have handled cases that involved cumulative trauma injuries.
Unlike worker's compensation, FELA claims allow you to claim against your employer for future and past lost wages, current and future medical expenses as well as suffering and pain and aggravation of pre-existing ailments and loss of enjoyment of life, mental distress and physical disfigurement. Moreover the amount you are owed will be determined by a jury, not by a workers' comp board that doesn't meet your needs.
It is crucial to inform your employer immediately if you are injured while working. This will ensure the railroad is aware that you have suffered an injury and that you receive proper medical treatment. If the railroad asks you to sign a recorded statement or fill out the Cumulative Trauma Questionnaire Do not do it without consulting with your attorney.
If you've been asked to go to an approved doctor by your employer to treat your injuries, do not accept. Your attorney can provide you with an approved list of doctors that you can choose from. Keep fela lawsuit settlements of your medical treatments and don't let your railroad employer make you pay for unnecessary or untimely care.
Death
Rail workers are exposed dangers that could be fatal. The FELA statute allows the family members of workers who dies as a result of an injury sustained on the job to claim damages. Compensation can include funeral expenses and loss of future earnings, medical bills and other financial losses. It is essential to choose a lawyer with a thorough understanding of the law, and expertise in FELA cases.
A FELA lawyer can help railroad employees in filing a claim by gathering evidence and presenting expert testimony. The attorney can also help with negotiations for a settlement. If a settlement cannot be reached, the case could be tried.
An experienced FELA attorney understands the importance of presenting strong evidence to the jury to increase the odds of a favorable verdict. They will assist clients collect medical records and other documents, interview witnesses, and provide evidence to prove that the railroad company was negligent.
FELA claims differ from state workers' compensation because railroads are held to a higher safety standard. Railroad employers are required to provide training, safe equipment and tools as well as proper work procedures. They are also required to inspect their work areas regularly and fix any safety hazards they spot. If railroad companies fail to meet their duties or if their unsafe practices or customs persist after an accident, they could be found negligent.
If you have suffered an injury on the job, it is important to take action immediately and seek the medical attention you need. Do not make a recorded statement or participate in a reenactment of your incident. Also, don't sign a medical authorization that gives the railroad access to your medical records. Don't let the supervisors or railroads interfere with your medical treatment by telling you to see a doctor they approve of. It is recommended that you see the doctor you trust in and inform all doctors of your injury at work and the symptoms you are experiencing.
A FELA lawyer can help you get the maximum compensation under the law if suffered injury or illness due to your railroad work. Contact a qualified lawyer as soon as you can to assist you in navigating the three-year FELA statute of limitations.