FELA Claims Process Ohio
Railroad workers who are injured on the job are afforded protections under the Federal Employers Liability Act (FELA), which provides workers with the right to file a FELA claim for compensation for injuries suffered while working for a railway.
Filing a FELA claim in Ohio may seem like an overwhelming process, especially if FELA is not something that you are familiar with.
Following an injury, it can be imperative to reach out to an experienced FELA attorney to help with your or a loved one’s FELA railroad claim in Ohio. The Friedmann Firm, LLC has years of experience in working with and representing employees in a variety of industries, including the FELA claims process in Ohio.
What Happens When I Make a FELA Claim?
Filing a FELA railroad claims in Ohio will occur after you have suffered an injury while on the job as a railroad worker. Once a FELA claim is made, you and your attorney will need to prove that negligence on the part of your employer occurred and that the negligence caused the injury you suffered. The employer does not need to be completely negligent in order to recover – being partially negligent is typically enough to recover some kind of damages. Your own negligence, if any, will also be considered if your negligence partially caused or completely caused the injury.
Contrary to the standard for state-offered workers’ compensation, Ohio FELA claims require railroad employees to prove negligence or partial negligence of the employer in order to recover.
Proving negligence will be an important part of the next steps once your claim is made.
The Ohio FELA claim attorneys at our firm are here to provide you with a free consultation where we will go over your case before getting started with the filing claim process.
What is the FELA Claim Process in Ohio?
The FELA claims process in Ohio involves a few different steps following a workplace injury for railroad workers. You will want to seek medical attention as soon as possible and ensure that you have reported the injury to your supervisor. This will start a paper trail related to your injuries and serve as strong evidence in support of your case later on.
As with any employment-related situation, it is important to keep your own records as things unfold. This can include:
- A written copy of events as they happen from your point of view
- Medical records
- Communication between you and your employer following the accident
- Eyewitness names and contact details
- A record of the time you cannot work following the injury
- Proof that the employer was negligent, failed to maintain the item or device that caused the injury, etc.
Records you keep will be helpful in presenting your side of things during your case and will also provide your lawyer with evidence to work on.
It is important to know that the statute of limitations for FELA claims is three (3) years.
This means that you have 3 years from the date that the injury occurs to file your FELA claim. If you do not file your claim within that time, it is likely that your claim will be dismissed as untimely.
To help ensure that your FELA claim in Ohio is filed in a timely manner, reach out to The Friedmann Firm, LLC today. Our team of attorneys can provide legal advice and assistance throughout the entire FELA claims process in Ohio – including looking over your records and filing your claim.
Read also: What Railroaders Need to Know Before Filing a FELA Lawsuit?
How Long Can the FELA Claim Process Take?
There is no particular length of time that a FELA claim will be processed. Each case will differ based on factors like the severity of your injuries and if you are dealing with a partial, full, or permanent disability.
What Damages Can I Receive from a FELA Claim?
There are a number of different damages that you might receive from a FELA injury claim in Ohio – though not all are guaranteed for each individual case. Damages you might receive include:
- Medical expenses
- Lost income
- Lost future income
- Pain and suffering
- Full, partial, or permanent disability
If a railroad worker passes away following injuries sustained while working, a dependent or loved one can also file a FELA wrongful death claim in Ohio on their behalf. A FELA wrongful death claim can include damages such as loss of companionship and loss of income for the individual’s loved one.
Consult With an Ohio FELA Claim Attorney
If you or a loved one has recently been injured due to a railyard work accident, reach out to The Friedmann Firm today. Our firm specializes in employment law, including FELA claims, to help ensure that all workers’ rights are protected and that you receive the compensation and damages that you are due following an injury – no matter the severity.
With our specialized experience in employment law and handling FELA claims, we will work to gather relevant evidence that will support your case, explain the process throughout, and keep you updated on your case.
We have multiple locations throughout Ohio, which allows us to work with Ohio railroad workers across the state.
Connect with an Ohio FELA claim attorney from the Friedmann Firm today for a free and confidential consultation. You can reach us over the phone at 614-610-9755 or online.
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