When you’re hurt on the job, you may be ready to go to the hospital to receive the care necessary to ensure your health and well-being. However, you may be shocked to find that your employer tells you that the injury isn’t that bad and that you can go to your doctor on your own time. If this is the case, understanding your rights is critical. The following blog explores what you should know about your FELA claim and delayed medical care, and why you need a FELA lawyer to help you fight for the compensation you deserve if your injuries were worsened due to delayed medical attention.
What Warrants Delayed Medical Care?
Delayed medical care occurs when you are denied the right by your employer, in this case, the railroad, to receive prompt and immediate medical care following an injury that occurs on the job. This immediate treatment includes the necessary first-aid measures, calling an ambulance, taking an injured employee to the hospital, or failing to let them take a break after an injury occurs.
However, delayed medical care can also be a decision made on your own, because you feel like your injuries are minor. As such, you may not seek medical care, but your injuries may worsen as time progresses.
What Impact Can This Have on My Health?
If your treatment is delayed, it can have a serious impact on your health and well-being. Prompt medical care can help mitigate the effects of the injury, thus reducing the overall pain and discomfort you experience.
Additionally, receiving the necessary care can help prevent the injury from worsening. For example, if you receive a severe laceration at work and it is not treated immediately, you can develop an infection as a result. However, had you received care immediately, this could have been avoided. Similarly, if your injuries worsen, they can leave lasting impacts. In some cases, you may become permanently disabled or suffer a chronic injury because of the delayed treatment.
How Will This Affect the Outcome of My FELA Claim?
When you file a FELA claim, it’s important to understand how this differs from a traditional workers’ compensation claim. Generally, with workers’ compensation, your employer is liable for any injury an employee sustains on the job, regardless of whether or not it was their fault. The Federal Employers’ Liability Act, however, is much different. You must be able to prove that your employer’s negligence was the cause of your injuries. If you can prove the railroad delayed your medical care, thus causing further, unnecessary injury, it can help you recover the compensation you deserve.
However, if you are the reason your medical care is delayed, it can severely impact your ability to recover the compensation you deserve. This is because the railroad can claim that you were negligent in failing to seek medical treatment and mitigate the worsening of your injuries, thus drastically reducing the compensation you are entitled to.
When your injuries are made worse by an employer who refuses to get you the care you need, the team at Doran & Murphy can help. We understand how devastating these injuries can be for you and your family, which is why we will do everything in our power to assist you through the process of fighting for the justice you deserve. Contact our team today to request a free case consultation.