Usually for a work-related injury, you may have to schedule an appointment with a doctor chosen by your workers’ compensation insurance carrier, if you anticipate and wish to collect benefits in the future. However, as you may already know, railroad workers are protected under the Federal Employers’ Liability Act (FELA) and therefore pursue FELA claims rather than workers’ compensation claims. So, they play by an entirely different rulebook, so to speak. With that being said, please read on to discover what kind of doctor you should see after incurring a railroad injury and how one of the seasoned FELA lawyers at Hildebrand McLeod & Nelson LLP can help you take the proper steps for the sake of your immediate health and your future legal case.
What kind of doctor should I see after my railroad injury?
Unlike employees covered by workers’ compensation, railroad workers covered by FELA are not required to see the railroad company’s physician following their workplace injury to file a claim. In fact, we may even encourage our clients to exercise their right to choose their own doctor.
This is because it is quite common for these physicians to be more concerned about maintaining a business relationship with the railroad company than an injured worker’s health and well-being. So, to keep the cost of their medical bill down, they may neglect to order the proper medical tests. Subsequently, the worker may be left undiagnosed, misdiagnosed, or with a delayed diagnosis. All in all, it is in your best interest to go with a doctor with whom you have already established a long-standing, trusting relationship.
With all that being said, it is also worth mentioning that under FELA, your railroad company employer is still legally obligated to pay for your medical bills even when you attend the doctor of your choice.
What should I do after seeing a doctor for my injury?
First of all, you should seek medical attention almost immediately after incurring your injury on the railroad. This is what will get the ball rolling for the rest of your FELA claim proceedings. That is, you need an official diagnosis of your incurred injuries before filing a formal injury report with your railroad company employer. You must submit this report soon enough to ensure you have enough time to file your FELA claim properly within the statute of limitations. This time limit is set at three years, which may go by more quickly than you initially anticipate.
With all of this, you must give yourself enough time to receive the right diagnosis in the first place, so you know you are making accurate claims in your FELA case. If you have gotten this far, we now ask you to reach out to one of the competent FELA lawyers to schedule an initial consultation. Overall, we strongly encourage you to retain legal representation from Hildebrand McLeod & Nelson LLP for all your legal needs.
