Personal injury is a serious matter, so it is important that railroad employees living in New York be aware of the legal recourse at their disposal should they get injured at the job: filing a claim under FELA. Unfortunately, the process of filing under FELA can be a bit convoluted, making it difficult to know what’s to follow. Therefore, it is worth taking the time to understand how the process unfolds.
FELA claims starts with an injured employee filling out a report, detailing how they got injured on the job. Subsequently, both the railroad and the employee’s attorney will conduct an investigation into what happened, which will inform the settlement discussions that will follow.
However, in the event that the FELA claim is not settled quickly, the employee’s attorney has the option to file a civil action on the employee’s behalf, which will take the form of a complaint. This will lead to one of two things: The parties may be able to solve matters outside of court, through something such as Alternate Dispute Resolution for example, or the case will go to trial.
Once the trial commences, both parties present their case in front of a judge or jury. One party to the case could appeal a decision, but it is unusual for the appeals court to overturn a judge’s decision.
Those who have been injured on the job may benefit from speaking with an experienced personal injury attorney. The lawyer may be able to review the case and make recommendations regarding the client’s options and alternatives. If necessary, the attorney may be able to engage in negotiations or assist with litigation.