If you are a railroad worker injured on the job and file a FELA (Federal Employers Liability Act) claim, that claim may or may not be approved.
These claims can be denied for various reasons, including insufficient evidence, failure to report the injury within the specified timeframe, inadequate medical documentation, and lacking proof that your employer was negligent.
What to do if your FELA claim is denied
First, know that you are in the right place, and we are eager to help you. We understand the FELA claims process and can help you identify why your claim was denied and address the issues to improve your chances of a successful appeal.
Steps to take
- When you receive the denial letter, contact an experienced lawyer with experience in FELA claims. We will carefully analyze the letter with you to identify the reasons for the rejection. This will guide the next steps.
- Gather additional evidence. Think of the denial letter as a question for which you must seek answers. For example, work with your attorney to collect more information if the denial was due to insufficient evidence. It is critical to know what kind of information they are looking for.
- Be prepared to contact people and institutions to gather the information you need. You may need witness statements, safety records or expert testimony. Speak with your attorney about the specific information you need to support your negligence claim.
- After you have everything and believe you have a strong case, your attorney can file an appeal on your behalf. This process involves submitting required forms and briefly explaining why you think the appeal should be overturned.
- Lastly, prepare for resolution. Whether this means going to trial or using a method of alternative dispute resolution to seek a mutually agreeable settlement, you should be prepared. Your attorney will help you build a strong case before the appropriate party.
Appealing to a FELA claim denial can seem daunting, but with the help of your attorney, you will get through this process and have the opportunity to express why you think the denial is wrong.
With the proper legal guidance, patience and thorough preparation, you can make your case again and pursue compensation for your injuries.