The Federal Employers Liability Act (FELA) provides essential protections for railroad workers injured on the job. FELA is more complicated than regular workers’ compensation because you must show the employer was negligent. To file a FELA claim and get the compensation you deserve, it’s important to avoid common mistakes. These mistakes can hurt your case.
Kujawski & Associates assists injured railroad workers in St. Clair County, Illinois, with their FELA claims. Here are some of the most frequent mistakes we’ve seen and how to avoid them.
1. Failing to Report the Injury Immediately
One of the biggest mistakes injured railroad workers make is not reporting their injury as soon as it happens. Under FELA, your employer’s negligence must be proven, and having an official record of your injury is critical. If you delay reporting, it can give the company reason to argue that your injury wasn’t work-related or wasn’t as serious as you claim.
What to Do: Report your injury to your supervisor immediately and ensure the details are documented. Keep a personal copy of the report, and if your condition worsens after the initial injury, report that as well.
2. Not Seeking Medical Attention Right Away
Even if your injury seems minor at first, failing to seek medical attention right away can be harmful to both your health and your FELA claim. Waiting to get medical treatment may lead to questions about the severity of your injury or whether it was caused by your work duties.
What to Do: See a doctor as soon as possible, even for seemingly minor injuries. Make sure to inform the medical provider that the injury occurred at work so it can be properly documented.
3. Trusting the Railroad’s Claims Agent Without Legal Representation
After you’ve reported your injury, the railroad company will likely send a claims agent to discuss your case. While these agents may seem helpful, their goal is to minimize the amount of compensation the company has to pay. They are not on your side, and providing them with information without legal representation can harm your case.
What to Do: Consult with an experienced FELA attorney before speaking with any representatives from the railroad company. Your attorney will help protect your rights and ensure you don’t mistakenly damage your claim.
4. Not Preserving Evidence
To succeed in a FELA claim, you need to prove that your employer’s negligence contributed to your injury. This requires gathering and preserving evidence related to your accident. Failing to collect evidence at the time of the incident can make it difficult to prove your case later.
What to Do: Take photographs of the accident scene, any equipment involved, and your injuries. Gather the names and contact information of any witnesses. Keep detailed notes about what happened and any unsafe conditions that may have contributed to your injury.
5. Waiting Too Long to File Your FELA Claim
Under FELA, there is a statute of limitations for filing a claim, typically three years from the date of injury. Waiting too long to file can lead to a denial of your claim, no matter how strong your case is. Additionally, as time passes, it can become harder to gather the necessary evidence and witnesses.
What to Do: Start the claims process as soon as possible. This will give your attorney more time to build a strong case and help ensure you meet all deadlines.
6. Settling Too Quickly Without Full Evaluation of Your Injuries
Sometimes, injured workers might want to take a quick settlement from the railroad company. This is especially true if they have high medical bills.
However, settling too early can lead to getting much less money than you need. This is especially true if you do not fully understand your injuries. You may need more for long-term medical care and recovery.
What to Do: Do not agree to settle your case until you have a complete medical check-up. Make sure you know the possible long-term effects of your injury. Consult with your attorney to ensure any settlement offer covers all your current and future expenses.
7. Not Hiring an Experienced FELA Attorney
FELA claims can be complex. Going through the process without skilled legal help can lower your chances of winning. Proving negligence and navigating the railroad’s legal team can be overwhelming for injured workers.
What to Do: Hire an experienced FELA attorney specializing in railroad injury cases. A skilled lawyer can help you collect evidence, talk with the railroad company, and fight for the full compensation you deserve.
Conclusion
Filing a FELA claim can be tricky. However, you can make it easier by avoiding common mistakes. This will help your case. It can also increase your chances of getting the money you deserve.
If you are hurt as a railroad worker, it is important to act fast. Keep any evidence of your injury. Also, talk to a lawyer who knows FELA.
At Kujawski & Associates, we have much experience helping injured railroad workers in St. Clair County, Illinois. We are here to guide you through every step of your FELA claim. Contact us today for a consultation to ensure your rights are protected and your case is handled with the care it deserves.
