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How can a denied FELA claim be successfully appealed?

On Behalf of | Oct 25, 2024 | Railroad Worker Injury

Railroad work can be dangerous, and the Federal Employers’ Liability Act (FELA) exists to protect injured workers. However, not all FELA claims get approved. When a claim gets denied, workers must know how to navigate the next steps.

Understand the reason for denial

The first step is to understand why the FELA claim was denied. Common reasons include insufficient evidence, missed deadlines, or disputes over the injury’s cause. Carefully reviewing the denial letter will help identify the exact issue to address.

Gather additional evidence

If evidence is lacking, workers need to gather more documentation. This might include medical records, witness statements, or professional opinions that strengthen the case. Detailed evidence can help counter arguments made by the railroad company about the injury’s legitimacy.

Appeal the decision

Railroad workers have the right to appeal a denied claim. This often requires filing a formal appeal with additional supporting documents. Workers should meet any appeal deadlines to avoid further issues. Seeking legal advice at this stage can be helpful to ensure all paperwork is in order.

Get legal assistance

Navigating a denied FELA claim can be complicated. Railroad companies usually have legal teams to protect their interests, so workers should consider hiring an attorney experienced in FELA cases. An experienced lawyer can help negotiate with the company, represent the worker in hearings, and increase the chance of a successful outcome.

Denied claims are not uncommon, but giving up means missing out on compensation that could cover medical bills, lost wages, and other costs. Staying persistent and following the proper procedures can make all the difference in getting a denied claim approved.

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