Understanding Your Legal Rights Under the Federal Employers Liability Act (FELA)

The Federal Employers Liability Act (FELA) is designed to protect railroad workers who are injured on the job. Unlike traditional workers comp policies – or negligence laws which govern other types of accident such as car wrecks – FELA requires you to prove that your employer was to some degree negligent in creating the circumstances which led to you being injured on the job. It is important to recognize that it is not necessary for an individual or specific entity to be at-fault for causing your accident, but rather the railroad company was in some way negligent.

 

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What Damages am I Entitled to Under FELA?

Injured railroad workers in Texas are entitled to claim compensation for their accident-related medical expenses, lost income due to time of work, and additional compensation for their very real pain and suffering.

 

In most cases, the most significant aspect of your claim will be the amount of medical treatment you received. FELA dictates that your employer is liable for any and all medical expenses you incur up to the point where you have achieved maximum medical improvement. This means that you have attained the fullest recovery possible considering your injuries – either you have fully recovered or no further recovery is possible.

 

This is why it is so important that you seek an independent doctor to oversee your medical care – because the company doctor’s priority is to get declare you fit to return to work. You have a legal right to choose your own doctor – and it is always going to be in your best interest to do so.

 

It is also important that you consult with a Fort Worth injury lawyer who handles FELA railroad injury claims. Your employer will fight you on the amount of medical treatment you have received – they will argue that it was unnecessary, or that you have exaggerated the extent of your injuries. Only by having a board certified attorney on your side can you hope to recover the full and fair compensation that you deserve.

 

Call us today for a free, no obligation consultation at 817-294-1900.