Sustaining an injury while on the job can be incredibly devastating, as you may not only experience immense pain, but the long-term impacts can leave you out of work for a period of time. As such, it’s important to understand the most common mistakes workers make following railroad accidents, as avoiding these can help the outcome of your claim. The following blog explores what you should know about these matters, including the importance of working with a FELA lawyer to assist you during these difficult times.
If I’m Injured in a Train Accident On the Job, What Should I Avoid?
In the event you are injured during a train accident when you are on duty, it’s important to understand that there are several steps you should take to protect yourself. This includes avoiding common mistakes that can drastically impact the outcome of your claim.
Typically, one of the most important things you should avoid is failing to report the injury. When you are hurt, it’s critical to ensure you report the injury immediately. Following an accident, you should immediately report the injury to your supervisor. They can assist you in completing an accident report. This ensures you have documentation of the injury immediately after it happens, so the railroad and its attorneys cannot claim you failed to report the injuries, thus impacting the outcome of your claim.
Similarly, you should avoid delaying medical care following the accident. Regardless of how severe the injuries seem, you should immediately seek medical care. This is critical to ensure that you not only care for any injuries that you’ve sustained, but also help to ensure that you establish medical care immediately following the injury. Additionally, you’ll find that establishing medical care can help the outcome of your case, as the railroad cannot claim that you failed to mitigate the injuries by delaying medical care, thus impacting the outcome of your case.
Why Do I Need an Attorney to File a FELA Claim?
When you sustain an injury as a railroad employee, it’s critical to ensure that you take the necessary steps to fight for the compensation you deserve. This entails filing a Federal Employers’ Liability Act (FELA) claim. It’s a common misconception that all injured employees must file a workers’ compensation claim, which is untrue. This was enacted as a result of the staggering number of injuries sustained by railroad employees.
Unfortunately, you’ll find that navigating a FELA claim can be incredibly complicated, as this is a negligence-based claim. As such, to file a successful claim, you’ll need to prove that your employer was at least partially negligent in the event that led to your injuries.
As you can see, navigating the aftermath of a railroad accident can be incredibly challenging. That is why it’s in your best interest to work with an experienced attorney to help you navigate these complex matters. At Doran & Murphy, our firm understands that fighting for the justice you deserve can be difficult, which is why we are committed to representing you. Contact us today to learn more.
