Practical pointers for filing FELA claims: Do not give a written or oral statement without a lawyer

Workers in the railroad industry, who face higher risks of injury and death, can file claims against their employers under the Federal Employers' Liability Act (FELA), a fault-based remedy. Under this process, the worker must prove that their employer's negligence, even if only partially, contributed to the injury or illness.

FELA claims potentially allow for full recovery of damages, including loss of earning capacity and pain and suffering. Workers can also file claims if they're diagnosed with cancer caused by occupational exposure to hazards like asbestos and PFAS. Because of this, companies or insurers will do their best to minimize their financial liabilities, and the steps you take after your injury or diagnosis may later be used against you.

Why you shouldn't give a statement (written or oral) to the company without a lawyer

Are you legally required to give a statement to the claims department after a railroad workplace injury? No, you are not required to personally speak with the claims department, the insurer, or any of their agents. However, your supervisor must be informed that the injury happened on the job and that you need medical attention. You will later be required to fill out a personal injury report (which is necessary), but this should not be rushed or accomplished while you are still in pain, in distress, or under medication. It's best that you've already contacted your legal representative before filling out any forms or providing a narrative statement.

Once you get injured or diagnosed with an occupational illness, you are immediately locked into a legal battle against your company, whose claims department will protect the company's interests. These are practical pointers that will help you through every step of the process:

• On seeking medical attention: As you inform your supervisor of the accident in the workplace, also inform them that you need medical attention. You are not required to get treatment from a company-approved doctor to be eligible for a FELA claim. You may consult with any physician of your choice and have them document all symptoms and details related to the injury.
• On getting legal representation: As soon as you've gotten medical treatment or as soon as you are able, contact your union representative and inform them of your situation. In addition, contact a lawyer as soon as possible so they can guide you through evidence gathering and documentation. If you've been diagnosed with an exposure-related cancer and you're not sure if you qualify, ELG Law can give you a free case evaluation.

ELG Law can help you file a FELA claim for workplace injuries or illnesses

We understand that a workplace injury or a diagnosis of an occupational illness can be distressing, and the legal complications only add to your burden. ELG Law has experienced FELA attorneys who can evaluate your case and determine if you're eligible for claims. If you are, we can file your FELA claim on your behalf so you can focus on your treatment and recovery. Contact ELG Law today to get this free case evaluation.