FAQ
1. What do I do if I get hurt?
Make sure that you fill out an accident report immediately after your accident occurs. Put down how the accident happened and make sure you include everything you can remember. Also, include anything that the company or a co-employee did wrong that may have caused your accident. It will definitely make a tremendous difference in your case at a later time. If you happen to wait a few days, thinking that your injury might get better, it is still OK to fill out the report. It’s always better to fill out the report then to not complete one at all. Insist that you be allow to fill one out, even if your employer tells you it’s too late. Also, if you have access to co-employees that witnessed the accident and can also sign the report this is in your best interest.
Seek medical treatment as soon as possible. You should always try to see a doctor that you know and trust, not one that the company chooses.
This is very important: Do not talk to anyone about how your accident occurred after you have filled out the accident report. This is going to probably be difficult to do since the company will hire an investigator or insurance adjuster that will want to meet with you and insist on taking a statement before they bring you to the doctor. If the company is more concerned about protecting themselves and unconcerned about getting you immediate medical treatment prior to getting a statement from you, then that should tell you where they stand. You should seek legal counsel as soon as possible. If the company tries to insist on taking a lengthy recorded statement from you before they will provide you with basic medical treatment, you should simply refer them to your accident report. If that does not work, then you know that they are trying to damage your case and you should speak with us immediately.
If you do not feel that you are capable of returning to work, then do not return simply because the company chosen doctor says you can. Basically, if you are still hurting you are entitled to see another doctor or seek a second opinion. Do not base your future and the ultimate success of your claim on a few paychecks. Speak to your attorney for guidance.
2. Should I try to return to work after I am hurt?
The answer to this depends upon your situation. If you have suffered a minor or temporary injury and you feel as though you are capable of returning to work, and you trust your employer, then the answer may be yes. Basically, you need to ask yourself two questions: (1) do you believe that you will be physically capable of doing the work, and (2) do you believe your employer will be fair with you and really allow you to stay at work with them after you have had an accident and injury, even if you have recovered.
3. How much is my claim worth?
The value of every case will depend upon the facts of that case. There are four main types of damages: (1) pain and suffering, past and future. There is no set amount for these damages; it really depends on how badly you were injured. (2) Past economic loss of wages – this amount may be the difference between the maintenance that they were paying you and what you would have earned had you not been injured. (3) Future loss of wages – this is the difference between what you were earning when you got injured and how much you most likely would have earned in the future. (4) Past and future medical expenses – this should be determined by a doctor you chose and trust in.
4. How soon do I need to file a lawsuit?
There are strict statue of limitations placed on filing a lawsuit. Generally, a claim for a FELA railroad injury case is three years from the date of the injury. For certain types of occupational diseases where uncertainly exists as to the date of injury, the clock may start ticking from the time the disease is discovered. This is often the case for asbestos, benzene and other solvent injuries. Therefore, you may have been exposed to asbestos 25 years ago while working on the railroad and only recently been diagnosed with asbestos lung cancer or mesothelioma. Even though you were exposed 25 years ago you can still file a case. For train accident and personal injury the statute of limitation is dependent on the law of the State which can be as short as 1 year from the date of the accident.
All of these time periods mentioned are general statements and they may not apply in your case. You must speak with your attorney as soon as possible to determine how long you have to file your claim.
5. What if my company wants me to settle my claim with them?
As a general rule, you should never try to settle your claim with the company without first speaking to an attorney. An attorney can discuss your rights with you first, so that you understand all of your options. A good lawyer can tell you in general whether he thinks you have a strong case or not. Always remember, that when trying to negotiate alone with the company, they have all the advantage over you. One of the most important reasons not to discuss settling your claim with the company is because you may consider a settlement amount that is far under what you are entitled to.