When you married a railroad worker, you may have acknowledged and accepted the dangerous nature of their day-to-day work. Understandably, you may still worry about them every time they leave to go to their next work shift. And most unfortunately, your worst fears may become true if your spouse ultimately incurs an injury or injuries on site. Well, for this, please continue reading to learn what to do if your spouse becomes an injured railroad worker and how one of the experienced FELA lawyers at Hildebrand McLeod & Nelson LLP can help you get financial relief during this difficult time.
What preparations should I make if my spouse works on the railroad?
In preparation for this very realistic event, you should have a list of your spouse’s local union representatives’ and designated legal counsel’s phone numbers. This is because your spouse may be temporarily out-of-commission in the immediate days, weeks, or even months following their railroad accident event. So, if you wish to pursue a Federal Employers’ Liability Act (FELA) claim, fast action is necessary and you must get the ball rolling, so to speak, on their behalf.
If you do not have this contact information immediately available, you may reach out to a member of your spouse’s union. Hopefully, they may help in providing you a copy of the insurance policy and other provisions disclosed in their union contract. They may even know which law firms have been approved and designated by your spouse’s union to assist you if your spouse incurs a catastrophic injury.
Once your spouse’s catastrophic injury and railroad accident is adequately reported to the right parties, you should try your best to collect initial evidence for their upcoming FELA claim. The more time passes, the more valuable evidence slips through your grasp. Rest assured, your spouse’s legal counsel may advise and help you gain access to certain pieces of proof.
How can I receive financial relief after my spouse becomes an injured railroad worker?
Even if your spouse is actively pursuing a FELA claim, you and your family may need financial relief more immediately. In this case, there are different ways to receive compensation in the meantime. For example, your spouse may apply for Railroad Retirement Board sickness benefits, which may last up to 26 weeks.
If your spouse slowly recovers in these 26 weeks, they may return to work in a limited capacity, so long as their railroad company employer can offer the necessary accommodations. Or, they may seek employment outside the railroad industry. Either way, your spouse may be earning less than before their accident. If so, you may eventually recover this economic damage at the close of your FELA claim.
Lastly, if worst comes to worst, and your spouse is unable to work at any capacity due to their catastrophic injuries, they may apply for Railroad Retirement Board disability benefits. Again, these benefits may be collected alongside your future FELA claim payout.
And so, if you are ready to start your FELA claim or otherwise, now is a better time than ever to contact one of the skilled FELA lawyers. Hildebrand McLeod & Nelson LLP is here to help.
