The Federal Employers’ Liability Act (FELA) allows railroad workers who have been injured due to their railroad employer’s negligence to bring a claim directly against the railroad for their pain, suffering, lost income and other damages. This law applies to workers who are injured in on-duty accidents as well as retirees who develop cancer from railroad exposures.
Often, an important source of information in a FELA claim is the worker’s doctor, who can testify about:
- Causation – the worker’s doctor may give their professional, expert opinion on whether the diagnosis or injury is the result of the accident or exposures;
- Extent of damages – a doctor may keep notes throughout the worker’s treatment about the pain levels that the worker had, or difficulties he or she had with regular daily activities;
- Complicated medical procedures –doctors explain complicated medical terminology and surgical procedures for their patients and are very good at doing the same for juries who need to understand the treatments that the railroader underwent;
- Necessity of past medical treatment – in addition to breaking down complicated medical topics, a doctor may also explain why the treatment was needed and the standard of care for injuries that the worker suffered;
- Need for future treatment – a doctor can testify about the need for future surgeries, pain medications, physical therapy and other necessary future medical treatments;
Reasonableness of medical costs – many doctors also understand that medical procedures are very expensive, and can explain how the medical expenses are not excessive or overly inflated.
Because of the significant role that a treating doctor may have in a FELA case, it is necessary for anyone with a work-related injury or illness to be open and honest with their doctors about all their symptoms. Railroad workers who have been diagnosed with cancer should also tell their doctors about all of their exposures while they were working, and if they have coworkers who have also been diagnosed with cancer.
Our law firm is experienced in handling claims for railroad workers who are injured or develop a disease due to the railroad’s negligence. Contact us today to discuss your potential claim.
