If you have been injured on the job while employed as a railroad worker, you may wonder what your options are. You may consider working through your injury so as to not lose your wages, or worse still, your job. While you consider your options, talking to a Virginia FELA attorney can help you determine what your rights are and what option may be best for you, given your unique circumstance.
Proving your claim for a railroad work injury involves showing that your employer was negligent and you suffered damages as a result. The action you take immediately after a work injury can have a big impact on any claim you may subsequently bring against your railroad employer. If you suffer injury related to your railroad work, take the following steps immediately:
When you retain a FELA attorney to help you with your claim, they will do a preliminary investigation and likely reach out to your railroad employer to determine if a settlement can be reached. Oftentimes, however, the employer may not make a reasonable offer until the issue of negligence is established.
If your employer fails to make a reasonable offer, your FELA claim attorney will file a lawsuit on your behalf in federal or state court. Next, they will exchange information in a process called discovery with the employer. This enables both parties to understand the strength and weakness of their case and the evidence the other party may produce at trial. After discovery, having understood what their chances of success at trial are, parties often explore mediation, sometimes mandated by the court, to see if the case can be resolved.
A good number of cases settle at this point, just before trial. However, not every case ends in a settlement. Some cases do proceed to trial where a jury or judge gives a verdict after both you and your employer have presented evidence. Because it is hard to predict which case will go all the way to trial when considering which attorney to hire for your claim, verify the attorney you intend to hire has experience trying cases in court.
Injury from a railroad work accident can be severe and may include burn, electrocution, back injury, disfigurement, amputation, or even death. If you suffer a job-related injury as a railroad worker, before accepting an offer from your employer, speak to an attorney who has experience representing injured workers. You are entitled to damages not just for your medical costs and lost wages, but for your pain and suffering, future medical expenses, future earnings etc. if you are a railroad worker injured in Virginia Beach or anywhere in the state of Virginia, schedule a free case evaluation with a Virginia Beach railroad worker injury attorney today.
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Virginia workman’s comp lawyer Jan Hoen is prepared to fight to protect your legal rights. Contact Hampton Injury Law PLC as soon as possible after a work injury and allow attorney Jan Hoen to use his resources and experience to fight for you.
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