FELA Claims and How to File Them
FELA claims don't have the same restrictions on damages as workers' compensation cases. However, the big railroad companies could try to limit your claim by questioning the extent and nature of your injuries.
Understanding the complex fela claims can assist you in receiving fair compensation. Seeking legal representation from attorneys who specialize in fela claims can make a huge difference.
What is the FELA?
The FELA is a set of federal laws that are designed to protect railroad workers. It allows injured employees to sue their employers and recover damages, including medical expenses as well as loss of wages, pain and suffering, and more. Contrary to claims for workers' compensation and FELA claims, the FELA allows for monetary compensation determined by juries instead of following pre-determined benefits schedules set by state law. This permits workers to receive greater amount of compensation, but it also requires that they present their case.
Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act, can help a worker's case by making the process of proving that a railroad company violated workplace safety standards easier. These laws can also help make a claim stronger in the event that the accident occurred outside of the three-year statute of limitations, which applies to all FELA cases.
It is important to select an attorney with prior experience in the field you work in. They will be able guide you through the entire procedure more efficiently and swiftly. If you can, choose a lawyer who works with clients from your field of work because they might have experienced the same problems you face and can provide valuable advice based on their experiences.
Another crucial point to be aware of is that the FELA does not bar contractors from making injury claims. Contractors are frequently employed by major rail companies for temporary projects or for special projects. But although fela lawyer are not considered directly employees of the railroad, FELA can still hold them accountable if they're negligent in their job.
It's also essential to be careful when you complete any forms you're required to fill out as part of the FELA process, as they're usually designed by the railroad's lawyers or claims department to gather information that they could use to weaken your claim. Contact your union representative immediately if you aren't sure how to answer questions on the form. They will be able to tell you what options you have. It's also important to take photographs of any machinery or locations involved in your injury, as well as to keep an eye on your expenses and the severity and nature of your injuries.
What are my rights?
Many employees are concerned that filing a FELA complaint could adversely affect their relationship with their employers or cause them to suffer negative consequences. FELA prohibits employers from taking retaliation against employees who seek compensation due to work-related injuries. Contact us if you believe that your employer has violated FELA.
If you're injured, it's important to seek medical attention. Once you have stabilized we suggest that you speak with an FELA attorney who has expertise. Our lawyers can help you to understand the process and your options. They can also assist you to file your claim.
When you submit a claim to the railroad company, they will have 30 to 60 calendar days in which to respond. The court will then schedule a discovery plan in which both parties will exchange evidence. Paper discovery (documents such as medical records, documents, etc.) and depositions of witnesses will be part of the plan. Both sides may also file motions to challenge some of the evidence.
It is crucial to give the complete extent of your injuries. This includes future medical costs as well as other damages. This will enable our lawyers to pursue the highest amount you deserve.
The courts will give each party a share of the blame, which may impact your award. Our lawyers will help you fight for your rights in court and we are not willing to go to trial when necessary.
You may be able settle your case before trial depending on the circumstances that led to your injury. Our FELA attorneys will assist you negotiate with your employer and reach an agreement that is fair.
We will represent you throughout the duration of your FELA claim if you choose to hire us. We will assist you with filing your claim, addressing any questions that your insurer or employer might have, and obtaining the necessary medical evidence to support your claim.
While your case is in the process of being resolved and we're awaiting your case to be resolved, we can provide you with money without interest. This is a great option in the event that you are trying to pay your bills while waiting for your settlement. Contact us for an initial consultation for free regarding the FELA claim process.
How do I file a claim?
The first step in the process of a successful FELA claim is to hire a skilled attorney. They can assist you to demonstrate that you're eligible while overcoming hurdles such as the burden of proof required. They can also assist you to make your claim within the three-year statute of limitations. A licensed attorney can ensure that you have all the documents necessary for your case. This includes medical records, incident reports, photographs, and other evidence. Documentation is essential for FELA claims as it can help you prove that your injuries were the result of workplace-related accidents. It can also be useful in proving that your employer was negligent.
If you can, seek immediate medical attention if you've been injured. This is crucial not only for your health, but also for your injury claim. In addition, be sure to get copies of all medical records to ensure that you have the most comprehensive and accurate information available for your situation.
After receiving medical treatment, you need to inform your employer. You can fill out the official accident forms or inform your supervisor of the incident. It is important to complete this as quickly as possible because the railroad begins collecting statements, photos and other evidence when an injury occurs.
Your lawyer should have the details as early in your claim as is possible because memories fade and evidence disappears as time passes. This is why it's crucial to get a skilled lawyer as soon as you've had an accident.
Once your lawyer has all the evidence they need, they will make a claim against the railroad. The FELA process is similar to personal injury lawsuits. Both sides conduct extensive investigations and discuss settlement options. If the parties can't reach a settlement, they will go to trial, where jurors or judges will decide on the case.
If you have been injured on the job, FELA can provide you with damages that are above and beyond those you would receive under traditional workers' compensation. To learn more about this process and what skilled FELA attorneys can help you, contact Schwartzapfel Lawyers today.
How long will my claim take?
The time frame for filing an action is contingent on a myriad of factors, such as the severity of an injury and if it's possible to resume work. A skilled FELA lawyer will know how to gather evidence and present it to get the maximum amount of compensation in federal court. Benefits can be used to pay for medical costs as well as personal injury expenses and lost wages. In the case of a fatal accident, a claim for wrongful death can also be filed for family members.
FELA claims are an excellent way to obtain compensation for railroad employees who face particular dangers. They also offer more chance than workers' compensation claims to secure additional damages. The process is complicated and an experienced attorney is needed to ensure that all issues are addressed. A lawsuit must be filed within three years from the date of the injury and the statute of limitations is strictly enforced.
After the lawsuit is filed the judge will usually require mediation and settlement conferences in an attempt to settle the case without going to trial. If the case doesn't settle at this point the case will eventually be referred to trial by an individual judge who will decide the amount of damages due to the injured worker.
As previously mentioned as one of the most important elements of an effective FELA case is making sure that all medical treatment is provided. This is important not just for your health, but also for the success of your claim. If a worker's injuries aren't as severe as claimed by the company, they might be able to argue that the injury isn't as severe as they claim. The suit may be dismissed.
It is also important to seek legal advice as fast as you can following an injury. A FELA lawyer can assist victims navigate the federal court system and file a successful wrongful-death or workers compensation claim. When seeking an attorney or law firm, look for those that specialize in FELA cases and have a track of success. Find out about their previous successes and ask for suggestions from other railroad accident victims, union representatives, or colleagues.