If you’re a railroad worker, chances are you’ve heard about FELA claims before. However, it’s entirely possible that you’ve also heard myths about FELA claims. As such, if you suffer an injury while working for your employer, understanding the reality of these claims is crucial to ensuring you do everything possible to recover the compensation you deserve. The following blog sheds light on what you must know about the Federal Employers’ Liability Act claims and how a FELA lawyer can help you pursue justice.
What Is the Truth Behind the Most Common FELA Myths?
One of the most common misconceptions regarding FELA claims is that you can enlist the assistance of a personal injury attorney to help you. After all, you likely suffered an injury or illness, so they should be able to handle your case. However, this is unfortunately far from the truth. Though many personal injury firms are skilled and successful, FELA claims are incredibly complex issues. As such, it’s essential that you seek the help of a law firm that specializes in handling these claims.
Another misconception about filing a FELA claim is that railroad employees must adhere to their state’s statute of limitations for personal injury cases. As such, many believe they’ve missed their window of opportunity to pursue justice. However, as FELA is a federal act, it does not adhere to the statute of limitations of the state where the injury occurred. Under FELA, someone wishing to pursue compensation against their railroad employer for an injury or illness has three years from the date of the incident to file a claim.
Finally, you may believe that if you had partial fault in the injury you sustained you are ineligible to recover compensation. However, this is far from the truth. FELA follows a comparative negligence statute, which means you can recover compensation for damages you’ve suffered, reduced by your percentage of fault. For example, if you receive $100,000 in damages but it’s determined that you were 10% responsible for the accident, your compensation will be reduced by 10%.
How Can An Experienced FELA Attorney Assist Me?
Unfortunately, there are many complexities that are involved in FELA claims. As such, it’s essential to enlist the assistance of a competent attorney who understands the facets of filing a FELA claim. Not only will an attorney guide you through the process of filing a claim, but they will also fight the justice and compensation you are entitled to.
At Doran & Murphy, our dedicated firm understands how challenging filing a FELA claim can be. As such, we will fight for the justice you deserve when your employer’s negligence leaves you with astronomical expenses. Contact us today to learn how we can assist you during these challenging times.
