When you are injured while working on our nation’s railroads, it can be incredibly overwhelming. Not only do you have to manage the pain you’re in, but you also need to worry about when you can return to work and how you will handle the accumulating medical bills. Even worse, in the midst of your injury, you discover that a formal accident report was never filed after you were hurt. As such, you may assume you cannot pursue a claim under the Federal Employers’ Liability Act (FELA). However, this is not true. The following blog explores what you should know about these matters, including how to recover compensation even if an accident report is not filed, with the help of FELA lawyers to guide you through these matters.
What Is the Function of an Accident Report for Railroad Injuries?
When you are involved in an accident on the job, one of the most important things you can do is immediately report the injury to your employer and seek medical attention. If the injury is severe, going to your local emergency room is recommended. However, if the injury is not urgent, you may be able to wait to see your primary physician, but you should get an appointment as soon as possible.
It’s important to understand that, technically, a report does not need to be filed for every injury or illness that is reported. However, as a general rule, it is always best to ensure that your injury or illness is properly documented in an official report by your employer.
Do I Need an Accident Report to File a FELA Claim?
It’s imperative to understand that, even if no accident report was filed for your injury, you can still fight for compensation in this matter. The only requirement you must meet in order to file a claim is to ensure you do so within the statute of limitations. Under FELA, which is a federal law, meaning it supersedes state laws, you have three years from the date of the injury to pursue a claim for the compensation you deserve.
You should note, however, that this statute of limitations also applies in the event you discover an illness at a later date. For example, if you are diagnosed with mesothelioma due to exposure at work years after you’ve concluded your time working on the railroad, you would have three years from the date on which you discovered or should have discovered the diagnosis.
When you are hurt due to the negligent actions of your employer, it can be devastating, as you may be unsure how to proceed. That is why it is in your best interest to connect with an experienced attorney with Doran & Murphy as soon as possible following your injury. Our team of railroad injury attorneys can help you through this process to recover the justice and compensation you deserve for the injuries you’ve sustained. Contact us today to learn more.
