When you slip and fall due to hazardous conditions in the parking lot of your job site while walking to or from your vehicle before or after work, your supervisor may tell you that filing a FELA claim is out of the question, as you technically were not clocked in when the injury occurred. However, it’s important to understand that this is not always true. There are instances in which a FELA lawyer can help you fight for compensation for injuries sustained while you are not on the clock. Keep reading to see if these apply to your circumstances and learn why working with an attorney is imperative to seeking justice.
Does FELA Apply if I’m Not Clocked In?
In many instances where a worker is hurt and files a Federal Employers’ Liability Act (FELA) claim, their employer may claim they aren’t entitled to funds as they were not clocked in when the injury occurred.
However, it’s important to understand that there are certain circumstances in which FELA can cover workers who are not actively on the clock. For example, if walking through the parking lot to get to the job site in the morning and trip over a hazard, you are still eligible to file a claim. Even though you weren’t clocked, FELA does extend to cover some accidents that occur when engaged in activities directly related to your job even if you are not clocked in.
Another circumstance under which you can file a FELA claim is if you are injured because of unsafe premises while staying at a hotel while traveling for work. For example, if you slip and fall because the hotel failed to properly maintain its walkways, you can fight for compensation. This is because staying at the hotel is within the scope of your employment, and the railroad has an obligation to ensure the premises are safe for their employees.
Do I Need an Attorney to File a Claim?
If you have sustained an injury while working on the railroad, you’ll find that working with an attorney is critical to ensuring that you have the best chance of recovering the compensation you deserve.
Filing a FELA claim is incredibly complicated, but when there are questions regarding whether or not FELA will extend to your circumstances, the matter can become even more complex. As such, enlisting the guidance of an experienced attorney is imperative to fight for the justice you deserve.
At Doran & Murphy, our dedicated legal team will do everything possible to help you fight for the justice you deserve. We understand that sustaining an injury while off the clock but still in the scope of your employment can be incredibly complicated, which is why we will do everything possible to fight for you during this time. Contact us today to learn more about how we can fight for you.
