You can reach our experienced attorneys by filling out our contact form. Get the compensation you deserve. FELA claims will provide damages for emotional distress, pain, and suffering in addition to the medical damages offered by workers' compensation claims. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} If the worker has no spouse or child at the time of death, this compensation will usually go to any surviving parents or other close family members. Jose and Chris were exceptionally accommodating and handled my case with professionalism. A successful lawsuit under FELA can usually bring compensation for: The injured railroad worker's past and future wage loss; The injured railroad worker's past and future medical treatment; The injured railroad worker's past and future pain, suffering, and mental distress. The information on this website is for general information purposes only. While employees who get injured at work are usually covered by workers' compensation laws, railroad workers are covered by the Federal Employers Liability Act (FELA). FELA covers railroad workers who are injured on the job. Any other employer would make you eligible for workers compensation insurance only. Since negligence is not relevant to workers compensation claims, any evidence you present may not affect your final settlement. An employee covered under workers compensation receives benefits regardless of whether the employer was at fault, another employee was at fault, the worker was at fault for their own injury, or theres no fault at all. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} If you cant reach a settlement, you may file a FELA claim in state or federal court. In the event you have been injured in a workplace injury, it is important to speak with aMaryland workers compensation attorney. Of these benefits payments, over $2.049 billion was for wage-loss compensation, $716 million for medical and rehabilitation services, and $156 million for death benefits payments to surviving dependents. If your injury leaves you with ongoing or long-lasting medical treatments or lost wages, consider seeking the help of an expert to calculate what your future needs will cost, in addition to what youve already spent. Under workers compensation, workers can file a claim any time they are injuredregardless of circumstances. You will have to prove that you deserve compensation because the railroad did something wrong. Sitemap | Privacy Policy | Disclaimer, Resources for Injury-related Disabilities. Workers compensation claims do not require the injured worker to prove negligence caused the accident. Injured but unsure if you have a case? Workers' compensation law, however, is a general catch-all for workers injured on the job, and is handled by the various states. .agency-blurb-container .agency_blurb.background--light { padding: 0; } Don't Get Railroaded on Your FELA Claim - jencapgroup.com Referral to a medical specialist for a second opinion examination where required by the worker's medical condition or the program's need for additional medical information. Whether some or all of your injuries are permanent. Receive a free consultation by filling out the form below. For example, a supervisor in a hurry may instruct an employee to skip safety protocols, for example, or another employee may enter erroneous settings on a piece of equipment. The damages recoverable through a FELA claim, however, are more extensive. ATTORNEY ADVERTISING -Prior results dont guarantee a similar outcome in your claim. We want to hear your story so that we can figure out exactly where the negligence that harmed you occurred, who is at fault, and how we will get the full damages and compensation youre entitled to under FELA. In comparison, proving fault is necessary to recover FELA benefits. You can reach our experienced attorneys by filling out our, Your Rights as an Injured Construction Worker, Beware of These Common Tricks From Workers Comp Claim Adjusters. FELA Claim or Workers' Compensation Claim - Important Differences - HG.org Click here. Thank you Attorney Daniel and everyone thats a part of his firm that worked so hard. FELA is a federal system that exists exclusively in the railroad industry. FELA also provides for lost wages and medical expenses. Contact the Law Office of Robert R. Castro at 301-870-1200 to schedule a consultation. [CDATA[/* >