After an injury while on the job, it’s easy to feel worried about what it means for your future. Under the Federal Employers’ Liability Act (FELA), you have the right to file a claim to recover your losses. Our North Dakota FELA railroad injury lawyers can help you do so.
At Poolson Oden, our legal team brings over 80 years of combined experience. We will fight for the compensation that you need to move forward with your life. Contact us today to schedule a free consultation about your case.
What Is the FELA and How Does It Help After a Railroad Injury in North Dakota?
What is FELA vs. workers’ compensation? The Federal Employers’ Liability Act (FELA) is a law that allows railroad workers to sue their employers if negligent acts cause an on-the-job injury. Unlike workers’ compensation, which is not based on fault, FELA requires the workers to prove that the employer was at fault.
Regardless of whether you believe that your injury was due to a careless or reckless action, your best option as an injured railroad worker may be to recover compensation under the Federal Employers’ Liability Act.
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What Types of Cases Can a North Dakota FELA Railroad Injury Attorney Help With?
Our legal team can take on a wide range of FELA cases, including:
- North Dakota FELA railroad spine injury lawyers: Spinal injuries can lead to permanent disabilities, and our team will fight to recover compensation for these lifelong impacts.
- North Dakota FELA railroad traumatic brain injury lawyers: We will consult with medical experts to ensure that your future medical expenses are included in compensation.
- North Dakota FELA railroad accident amputations lawyers: If you lost a limb, we will seek compensation for diminished earning capacity and other lifetime effects.
- North Dakota FELA railroad burn and explosion injury lawyers: We can seek compensation for scarring and disfigurement after severe burns.
- North Dakota FELA railroad body and extremities injury lawyers: We will advocate for compensation that recovers the full scope of your losses.
- North Dakota FELA railroad occupational exposure and cancer lawyers: When you are exposed to harmful substances, our lawyers will advocate for your fair compensation.
- North Dakota FELA railroad body vibration lawyers: Even if your injury grew over time, rather than resulting from a single incident, we can gather evidence to support your claim.
- North Dakota FELA railroad wrongful death lawyers: If you lost a loved one to a workplace injury, our legal team will hold negligent employers financially accountable for this devastating loss.
How Can a FELA Railroad Injury Attorney in North Dakota Help With Your Claim?
While you’re recovering from your injuries, we’ll be fighting for the fair compensation you deserve. Our legal team handles every aspect of the legal process so you can focus on healing.
We can:
- Determine who was at fault and gather evidence to support your FELA claim
- File all necessary paperwork to ensure it is accurate, complete, and filed within legal deadlines
- Handle all communications with the railroad company and its insurers
- Advocate for compensation that accounts for the full scope of your losses
- Represent your case in court if needed
- Advise you on settlement offers you receive
In the last five years alone, Poolson Oden has recovered more than $32 million for our clients. You can look at our case results to learn more about how we’ve helped others in the past.
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What Compensation Can You Recover in North Dakota FELA Railroad Injury Cases?
Under 45 USC § 51, FELA allows for a much broader recovery of damages than can typically be recovered under workers’ compensation.
Recoverable losses depend on the specifics of your case, but they may include:
Medical Expenses
These include both the immediate medical costs of your injury and the long-term costs you’re expected to have.
Medical expenses can include:
- Emergency medical care
- Surgeries
- Doctor appointments
- Short- or long-term hospital stays
- Medications
- Physical therapy
Your lawyer may consult with medical experts about what your future care may look like. This way, we can advocate for compensation that covers the full extent of your medical expenses.
Lost Income
If you miss work while recovering or are unable to return to work because of a new disability, then you may be able to recover compensation for lost wages or diminished earning capacity. You may also be able to recover compensation for lost benefits, such as pension contributions.
Other Financial Losses
Recovery can take time, and it can keep you from doing the daily activities required of you.
You may be able to recover compensation for the costs of:
- Housekeeping
- Childcare services
- Yard work
Non-Economic Losses
Injuries often have significant impacts that go beyond the financial.
You may be able to be compensated for:
- The physical pain and suffering of your injuries
- Emotional distress from the accident and your injuries
- Loss of enjoyment if you can no longer engage in sports or hobbies you once did
- Reduced quality of life
Your attorney will seek the maximum compensation you are eligible to receive
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What Is the Deadline for Filing a FELA Claim?
Typically, you have three years from the date of the injury to file a FELA claim. For cumulative trauma or occupational illnesses, the three-year clock begins when you know or reasonably should know about the injury and its work-related cause.
Discuss the timeline for your case with your lawyer. The earlier you get started on your case, the easier it will be to meet the legal deadlines for filing. Failing to do so on time can bar you from recovering compensation.
What Needs to Be Proven for a Successful FELA Claim in North Dakota?
To successfully recover compensation in a FELA claim, you and your attorney will need to prove:
- You were employed by the railroad company.
- The injury occurred due to your employment.
- The company failed to provide reasonably safe working conditions.
- This negligence led to your injury (or injuries).
Your lawyer will prove these elements through evidence like:
- Medical records
- Accident reports
- Eyewitness testimony, such as from a coworker
- Maintenance records
- Inspection logs
- Staffing records
- Video footage, such as from a security camera
What if You Were Partially at Fault for the Accident?
While employer negligence is vital to recovering compensation, you may be worried that your own actions could bar you from a FELA claim. However, you can still file a FELA claim even if you were partially at fault.
Your recoverable compensation may be reduced by your percentage of fault. Your lawyer will fight against unfair blame being placed on you.
Contact a FELA Railroad Injury Lawyer in North Dakota Today
If you suffered an injury while working for a railroad company, you have legal rights. With a FELA claim, you can seek fair compensation from negligent parties. Our legal team is here to help.
At Poolson Oden, we work on a contingency fee basis. That means no upfront fees for our legal services. In fact, you only pay our fees when we recover compensation for you.
Reach out today to schedule a free consultation.