What To Expect During Your FELA Claim
There was a time when the railroad industry was unreasonably dangerous for employees, and if they suffered railroad worker accidents, they had few options. That all changed with the inception of the Federal Employers Liability Act (FELA) of 1908. That legislation took up the cause of railroad worker accidents and provided a way for them to retain experienced FELA lawyers, file a legal claim and have their rights protected as they pursue compensation. Moreover, while legislators took pains to ensure the greatest possible ease in litigating FELA lawsuits, it is still a complex and unique process that requires the guidance of an experienced lawyer who understands FELA Law.
FELA Lawsuit Process
It is important to realize that victims of railroad worker accidents face an immediate change of status in the eyes of some employers. Instead of valued employees, they become opponents in lawsuits, with FELA lawyers serving as co-combatants. There are steps that someone suffering from railroad worker accidents must take, but it is important to take those steps carefully if there is no FELA lawyer present so as not to endanger the impending FELA lawsuit.
That said, the first step after railroad worker accidents, especially if they are emergencies, is to obtain appropriate medical treatment. An employer will generally have a staff or local doctor they use, but victims of railroad worker accidents have the right to see their own doctor as soon as possible and confirm the diagnosis and treatment. If any employer attempts to keep a victim of railroad worker accidents from seeing a doctor, they are violating FEMA regulations. As much as possible, victims of railroad worker accidents should obtain copies of all medical bills and reports, even if a copy has been delivered to the employer.
As soon as possible, fill out an employer’s injury report on railroad worker accidents. Include all pertinent information, especially that which describes negligence on the part of the company or one of its employees. Keep a copy of this report to give to the FELA lawyer if possible, or make another copy to make sure the lawyer is aware of all of the facts.
Along with report of the details of railroad worker accidents and medical treatment, include the comments of any witnesses, with their names and contact information for lawsuit. Also include the exact amount of lost work time due to railroad worker accidents.
If there is a union at the railroad company, contact the union representative as soon as possible and inform them of the steps taken in the FELA lawsuit process.
FELA Lawsuit Processes
In addition to the steps for victims of railroad worker accidents to take, there are processes taking place in a FELA lawsuit that can be confusing. As complex as a FELA lawsuit is, a FELA lawyer understands those processes thoroughly.
It can be frightening to realize your lawyer must prove negligence on the part of the railroad company in order for victims of railroad worker accidents to be compensated for their injuries. However, these lawsuits have a “featherweight” burden of proof built into them to make proving negligence easier for FELA lawyers. Merely providing evidence that the railroad company or one of its employees was in some way negligent, causing railroad worker accidents, can be sufficient to win a FELA lawsuit. Even in cases where the victim of railroad worker accidents carries some percentage of blame for the accident, that victim and their FELA lawyer can file a claim to receive compensation for the percentage the railroad company was at fault for the accident.
Concluding a FELA Lawsuit
Once a lawsuit is compiled, a FELA lawyer often attempts to negotiate a settlement for railroad worker accidents out of court. If the defendant is not cooperative, the lawyer must be willing to litigate the FELA lawsuit in court. That can be a difficult process, but sometimes it is the only way a lawyer can obtain an appropriate settlement for their client.