As a railroad worker who has put in many years of service thus far, you may have known or heard of fellow employees who have had to pursue Federal Employers’ Liability Act claims for their incurred injuries and damages on the job. With stories relayed through word of mouth, there may be misunderstandings or misinterpretations along the way. But you must be able to decipher the facts from myths if you are pursuing one of your own so that you can gear yourself up for a successful case outcome. With all that being said, please read on to discover the most common myths about FELA claims and how one of the seasoned FELA lawyers at Hildebrand McLeod & Nelson LLP can help you overcome any possible challenges you may encounter.
What are the most common myths about FELA claims?
Arguably the most common myth about FELA claims is that they are the same thing as personal injury claims. After all, both claim types pertain to seeking financial compensation for incurred injuries and damages after an accident event. However, FELA claims were created specifically for railroad workers to have an opportunity to sue their negligent employers for on-the-job accidents. This is because railroad work is inherently dangerous and standard workers’ compensation laws were typically unable to adequately compensate injured employees. This is why you should not go to any ordinary personal injury law firm to take on your railroad accident case. Luckily, our firm, Hildebrand McLeod & Nelson LLP, specializes and exclusively handles this claim type.
On a similar note, the second most common myth about FELA claims is that they follow the same negligence statute as personal injury claims in your specific state. For example, you may belong to a state that follows the contributory negligence statute, which holds that you cannot seek financial compensation if you were one percent or more at fault for your accident event. Rather, all FELA claims follow the comparative negligence statute, which rules that you may recover damages regardless of your percentage of fault, but your total payout may be reduced based on this percentage. So, if the judge rules you as 40 percent to blame, they may only award you 60 percent worth of the damages you claimed.
When should I see a FELA lawyer?
Another common misconception about FELA claims is that the statute of limitations for filing one is the same as that of a personal injury claim in your specific state. Rather, nationwide, FELA claims hold a deadline of three years, starting from the recorded date of your railroad accident event. Nonetheless, a common rule of thumb is to see a FELA lawyer as soon after your accident as possible. This is mostly for the sake of proof for your case, because over time, memories of the event fade, along with visible signs of injuries and damage.
It is never a bad idea to simply speak with a lawyer, even if you are still unsure whether you require legal representation. So when in doubt, please schedule an initial consultation with one of the competent FELA lawyers from Hildebrand McLeod & Nelson LLP today.
