Suffering any injury can seriously impact your life, but for railroad workers, the risk increases. Unfortunately, thousands of workers are injured annually, many of whom have their lives changed due to the negligence of their employers. As such, it’s imperative to understand your rights as a worker. If you’re employed by the railroad company and sustain injuries due to your employer’s negligence, filing a FELA claim can help you recover compensation. However, you should familiarize yourself with the most common FELA mistakes workers make so you can fight for the funds you deserve. The following blog explores these errors and how a FELA lawyer can assist you during this process.
What Is FELA?
The Federal Employers’ Liability Act (FELA) is a federal law that helps regulate safety standards in the railroad industry by allowing employees injured by the negligence of their employers to recover compensation. As a result, employers are incentivized to create safer workplaces and adhere to safety laws.
Employees who are injured can file a FELA claim to recover compensation. However, this process is notoriously complex and employers often do everything possible to avoid liability.
What FELA Mistakes Are Most Common?
Because FELA can be a complicated process, understanding the most common mistakes made during this process and how to avoid them can help improve your chances of a favorable outcome when filing.
One of the most common mistakes injured workers make is assuming the railroad is on their side. Unfortunately, when you sustain an injury, your employer may try to sway you into forgoing a FELA claim. Often, they will promise that the company will take care of you. Unfortunately, this is far from the truth. In reality, the railroad will do everything possible to avoid giving you the compensation you deserve. As such, it’s imperative to understand that the railroad is not your friend. If you are injured, you shouldn’t say anything to the claims agent until you have spoken with an attorney.
Another common mistake workers make is delaying medical care. When injured, you may feel okay in the minutes and hours after, as your body is full of adrenaline. However, just because you feel fine after an accident doesn’t mean you are. As such, it’s imperative to seek medical treatment as soon as possible after an injury. Seeing a doctor can help assess the damage and mitigate potential issues as soon as possible. Additionally, your employer can’t try to blame you for delaying care. It’s also important to note that your employer does not have the right to accompany you to your doctor’s office. Similarly, they cannot speak to your doctor about your health without your explicit consent.
Unfortunately, one of the most impactful mistakes employees make is failing to consult an attorney for these matters. Whether you believe you can navigate filing a claim on your own or assume you will be fired for retaining an attorney, you’ll need someone on your side to advocate for the justice and compensation you deserve.
At Doran & Murphy, our team knows how one mistake can be the difference between recovering the compensation you deserve and walking away from your injury with little to no justice. That’s why our firm is here to assist you. We have the experience and resources you need to help you recover the justice you deserve when you’ve sustained injuries due to the negligence of your employer. Contact our team today to learn how we can fight for you.
