Protecting Whistleblowers & The Injured

Filing a FELA claim

On Behalf of | Sep 18, 2019 | Fela Claims

Railroad workers in Connecticut probably know that they are covered under the Federal Employers Liability Act in the event that they are injured on the job. The process of filing a FELA claim can be complicated, so they should be familiar with at least some of the details. The steps taken immediately after the injury are perhaps the most crucial to the success or failure of a claim.

First, victims are supposed to report their injury to their supervisor and fill out an injury report form. As best as they are able, they should cover the possible causes of, and contributing factors to, the incident. Then comes medical treatment. Afterwards, victims should consider getting an independent medical evaluation and being honest about every ache and pain they feel no matter how minor it seems. Medical bills and records should be kept.

Next, victims may write up a separate report for their own use, describing the incident and injuries in detail. They should also explain how the injury has affected their work and personal life. All lost time from work, starting from the day of the incident, should be kept track of. That includes time taken off work for rehabilitative care and follow-up medical appointments. These documents can be helpful to the lawyer that the victims retain.

It’s usually a good idea to hire an attorney who has dealt with FELA claims before because there are other details to consider. In addition, the other side will likely be aggressive in denying the claim, and if one does not have a strong representative at the negotiation table or in the courtroom, there will be little chance of achieving a fair amount in damages. A lawyer may hire third parties to gather all evidence against the defendant before negotiating.

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