Mistakes to Avoid When Filing a FELA Claim

Filing a Federal Employers Liability Act (FELA) claim can be a complex and daunting process. As an employee of the railroad industry, it is crucial to understand the intricacies and common pitfalls associated with filing a FELA claim. This blog post will guide you through the mistakes to avoid to ensure you have the best chance of success. Here is a comprehensive table of contents to navigate through the critical points.

Table of Contents

1. Failing to Report the Injury Immediately

One of the most critical mistakes you can make is failing to report your injury as soon as it occurs. Immediate reporting ensures that the incident is documented and establishes a timeline of events. Delays in reporting can cast doubt on the legitimacy of your claim and may result in your claim being denied.

2. Not Seeking Immediate Medical Attention

Even if your injury seems minor at first, it is essential to seek medical attention immediately. A medical professional can accurately assess the extent of your injuries and provide necessary treatment. Additionally, medical records serve as crucial evidence when filing a FELA claim, showing that you took the injury seriously from the outset.

3. Inadequate Documentation of the Incident

Proper documentation is key to a successful FELA claim. This includes taking photographs of the accident scene, obtaining witness statements, and keeping a detailed record of your injuries and treatments. Inadequate documentation can weaken your claim and make it more challenging to prove negligence on the part of the railroad company.

4. Not Consulting with a FELA Attorney

FELA claims are complex and require a thorough understanding of the law. Consulting with an experienced FELA attorney can provide you with the expertise and guidance needed to navigate the claims process. An attorney can help you gather evidence, negotiate with the railroad company, and represent your interests in court if necessary.

Railroad claim agents work for the railroad company and their primary goal is to minimize the compensation paid out. Speaking to them without legal representation can be detrimental to your claim. They may use your statements against you or persuade you to settle for less than you deserve. Always consult with your attorney before discussing your case with any railroad representatives.

6. Underestimating the Long-term Effects of the Injury

It is essential to consider the long-term effects of your injury when filing a FELA claim. Some injuries may have lasting impacts on your ability to work and quality of life. Underestimating these effects can result in inadequate compensation. Ensure that you account for future medical expenses, lost earnings, and pain and suffering when calculating your claim.

By avoiding these common mistakes, you can improve your chances of a successful FELA claim and secure the compensation you deserve. Remember, the process can be complex, but with the right approach and professional guidance, you can navigate it effectively.