Railroad workers often face physically demanding and hazardous conditions, leading to a variety of injuries on the job. For those with pre-existing conditions, suffering a new injury that aggravates their existing health issues can be particularly concerning. Many railroad employees are unsure whether their pre-existing conditions affect their eligibility to file a FELA (Federal Employers Liability Act) claim. Understanding how FELA addresses pre-existing conditions is crucial for injured workers seeking compensation. Fortunately, consulting with a knowledgeable FELA lawyer can provide guidance and support through the complexities of filing a claim, ensuring you receive the compensation you deserve.
What Should I Do if an Injury I Already Have is Aggravated on the Job?
When you have a pre-existing condition that is worsened because of an unsafe work environment or your employer’s negligence, understanding what to do is critical. For example, if you fall because of a hazard on the ground, it may worsen a pre-existing condition like a slipped disc or hernia. As a result, the injury can become more aggravated or may even worsen because of the accident.
Generally, you should inform your shift supervisor of the incident and seek immediate medical treatment. It’s necessary to be honest with your doctor about the extent of the pain. This ensures they can accurately document your symptoms.
How Can a Pre-Existing Condition Complicate My FELA Claim?
Unfortunately, having a pre-existing condition can make recovering compensation under the Federal Employers’ Liability Act more difficult. This is because your employer will likely claim that your pain and suffering were caused by an injury that was pre-established, and therefore, they are not liable to provide compensation.
Generally, you’ll find that you are entitled to compensation for the damages endured because of the railroad’s negligence. However, this can be challenging, as your doctors may not be able to discern which pain and complications you’re experiencing are from which injury. That’s why seeking immediate medical treatment is critical, as it can help your providers obtain a clearer idea of how the accident is impacting your previous injuries and conditions.
Can an Attorney Help Me?
As you can see, many complications can arise when you have a pre-existing condition that is worsened by your employer’s negligence. When you’re injured, healing and trying to make ends meet while pursuing a claim against your employer can be far too overwhelming for most. That’s why our legal team is committed to helping you.
At Doran & Murphy, we know that these accidents can alter the course of your life. As such, our firm is ready to fight for you. We believe railroads should be held accountable for their negligence. Connect with our firm today to learn how we can fight for you during these times.
