After your treatment is complete and a settlement offer is sent to the railroad, they are given 30 days to respond. If a settlement can't be reached, the FELA claim can usually be brought to either federal or state court.
The Danger In Settling Too Early
Railroad employees who are injured on the job rely on coverage under the Federal Employer Liability Act (“FELA”) for compensation for medical expenses, lost wages, disability, and other damages. Whether you are injured using railroad equipment, you fall, or even if you get in a collision, if it happened while you were working, it's likely covered under FELA. Even illnesses like mesothelioma are covered.
The settlement offer should sufficiently cover all of these damages. But oftentimes, the railroad does not take into consideration future damages and medical expenses the injury may cause. They are simply taking into account how much time you missed from work and they value the claim based on lost wages.
This is why we will always recommend hiring an FELA attorney experienced in handling FELA claims. The injured worker is usually not able to negotiate a fair settlement.
The settlement offer should sufficiently cover all of these damages. But oftentimes, the railroad does not take into consideration future damages and medical expenses the injury may cause. They are simply taking into account how much time you missed from work and they value the claim based on lost wages.
This is why we will always recommend hiring an FELA attorney experienced in handling FELA claims. The injured worker is usually not able to negotiate a fair settlement.
The Investigation
Don't expect the railroad to roll out a red carpet for you. Their reputation and bottom line are at stake. Even though you're an employee, their claims rep will be focused on protecting the company and their bottom line.
Depending on the severity of the incident, an investigation might be done by the FRA, by the railroad and by your attorney together with any experts the attorney hires. This is done to determine what happened and who is at fault. They'll inspect everything from equipment malfunction and safety protocols to negligence and human error.
Depending on the severity of the incident, an investigation might be done by the FRA, by the railroad and by your attorney together with any experts the attorney hires. This is done to determine what happened and who is at fault. They'll inspect everything from equipment malfunction and safety protocols to negligence and human error.
The Claim
Once the investigation wraps up and after your medical treatment is complete, your attorney will draft a settlement offer to be sent to the railroad. This isn't just about filling out paperwork — it's about making your voice heard. With help from your attorney, you'll detail your injury, the circumstances surrounding it, and why you believe the railroad company is at fault. This is your chance to lay your cards on the table and fight for compensation.
The Negotiation
In many cases, FELA claims never even make it to court because the parties involved reach a settlement. This means your attorney and the railroad's legal team are able to come up with an agreement that takes into account your present expenses and future, unforeseen expenses. It's all about finding common ground and reaching a fair resolution.
While the railroad is looking out for their best interests, your attorney will be looking out for yours.
While the railroad is looking out for their best interests, your attorney will be looking out for yours.
The Courtroom
If negotiations reach a dead end, your FELA claim will go to court. A judge and jury will hear both sides of the story - including witness testimonies and statements from medical professionals. The railroad will most likely claim that the employee had at least some responsibility for the injury.
After all the evidence has been presented and all the arguments made, the judge or jury will render a verdict, determining whether the railroad company is liable for your injuries and, if so, how much compensation you're entitled to receive.
After all the evidence has been presented and all the arguments made, the judge or jury will render a verdict, determining whether the railroad company is liable for your injuries and, if so, how much compensation you're entitled to receive.
Wilkes & Mee is a railroad inury firm in Jacksonville, Florida. If you have been injured on the job, call our FELA attorneys today for fast, aggressive representation.