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Your attorney will be in a position to know what is appropriate in any given case. The length of time required to process a FELA claim might also be affected by the nature of your injury. A serious back injury resulting in surgery obviously requires more time to determine the degree of permanency than a fractured finger.
Steps in a FELA Lawsuit. A worker on the railroads could have suffered serious injuries from an accident that occurred, or their injury may have been the result of wear and tear over years of time dedicated to laboring on a railroad In any case, there may be grounds for a FELA lawsuit to be explored. As with any personal injury claim or lawsuit it is important to build as strong a case …
FELA attorney blog answers the question, "When does the railroad have to pay after trial?" in FELA injury and whistleblower scenarios.
The FELA covers most all railroad employees due to passage of the 1939 amendment to the FELA. The following provide a few examples of cases where t...
The FELA covers most all railroad employees due to passage of the 1939 amendment to the FELA. The following provide a few examples of cases where t...
Immediately after sustaining a work related injury, the injured employee should take the following 9 steps: Make certain your immediate superior ha...
The damages that may be recovered under the FELA vary from case to case. Potential damages that may be recovered typically fall into these 8 catego...
How much a case is worth is dependent on many factors. Primarily, these 10: The nature and severity of the injury. Whether some or all of your inju...
One of the first is to seek medical attention. This is important to both make sure the injuries are dealt with, as well as providing physical evidence that there was an injury and how extensive it was.
A civil action can be filed and the first aspect will be the complaint. It will need to be filed and served to the individuals that it corresponds to. A defendant that is served will need to respond in the allotted time frame, stating if they agree to the charges against them or if they agree with part of them.
In the weeks before the trial, you will meet with your lawyer, there will be legal briefs filed with the court, exhibits will be selected, copied and prepared. Witness subpoenas go out. Doctors have to be arranged, either for live testimony or by video recording.
Discovery is the process where both sides learn what the other side has. There are three basic phases of discovery: Paper, Depositions and Expert. Paper discovery is an exchange of documents and medical records. A deposition is where one lawyer asks questions of the witnesses for the other side. This is where you get asked questions by the carrier's lawyer about how the accident occurred and what your injuries are. Your attorney will also depose people from the company that know what it did wrong.
A good settlement is better than a bad verdict . Settlement can happen at any time, but for you the quickest is a pre-suit settlement. However, if a claim is going to get settled, there are some basic items that both sides need to evaluate the case: statements, photographs and medical records are basic. Any railroad injury lawyer, also known as a FELA lawyer, is going to want this information early on, both because it helps in case resolution and because memories fade and evidence gets lost over time. Click here to learn about the kinds of lawyers to avoid.
Get the best medical care you can through your own doctors. You are not required to receive treatment from doctors suggested by the railroad.
Yes, although doctors may not be aware of this provision in the FELA. You should inform your doctors that unlike workers’ compensation cases, they are not required to share any information about your case with your employer. We have a sample letter you can give to your doctor to explain this.
The right to bring a suit against your employer for on the job injuries.
The answers you provide to questions on the PIR can affect your claim. It is important to have knowledge of the issues involved. See our article on accident reports and the sample accident report.
This kind of activity is illegal. You should report it to your union representative and your attorney. If there are witnesses, make sure you write down their names and how to contact them.
Yes, however with these types of injuries it is very important to have a knowledge and understanding of the statutes of limitations. In short, the three-year statute of limitations begins when the employee knew or reasonably should have known that they suffered a cumulative trauma disorder related to their work.
If you are injured it is always a good idea to consult with a lawyer. YJB will consult with you free of charge to determine whether a lawyer will be needed to handle your case.
The railroad can be a dangerous place to work.
If you suffer an injury at work, you should report it immediately to your supervisor, while ensuring that you accurately fill out the accident report form required by your union agreement.
To have a successful compensation claim under FELA law, you must be able to show that the railroad was somehow negligent in creating a safe place to work and caused your injuries.
A successful compensation claim under FELA law can bring various types of compensation, but typically the claimant can expect to receive:
The statute of limitations on making a claim for injuries sustained on the railroad is three years from the date of the injury. If you do not file the lawsuit within this time, you will not be able to recover compensation for your injury.
In most lawsuits, you either pay an attorney out of your pocket along the way for each hour of work or you pay a percentage of the ultimate recovery as the fee. Under this statute, the company has to pay the fee of your lawyer.
Punitive damages are an amount of money intended to punish your carrier and keep it, and any other company paying attention, from acting badly in the future. It gets awarded where the carrier shows a conscious disregard for your federal rights.