FELA Claims and How to File Them
FELA claims don't have the same restrictions on damages as workers' compensation cases. However, the railroad companies may try to limit your claim when they question your injuries and their extent.
Understanding the complicated fela claims can help you receive fair compensation. It can make a huge difference to get legal representation from attorneys that specialize in these types of cases.
What is the FELA?
The FELA is an act of the federal government to protect railroad employees. It permits injured workers to sue their employers and seek damages that include medical expenses, lost wages as well as pain and suffering, and much more. Unlike workers' comp claims, FELA allows monetary payouts to be decided by juries rather than according to a predetermined benefit schedule under state laws. This permits workers to receive higher amount of compensation, but it also requires that they demonstrate their case.
Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act could strengthen a worker’s case by making the case that the railroad company violated workplace standards simpler. These laws can aid in proving a claim if the incident occurred after the three-year time limit for FELA claims.
It is important to select an attorney with experience in the field you work in. They will be able to guide you through the entire process more efficiently and quickly. Find a lawyer who has worked with clients in your area. They may have experienced similar issues to you and will be able to give you useful advice.
Another important point to keep in mind is that the FELA does not exclude contractors from making injuries claims. Contractors are often employed by large rail companies for temporary projects or for special projects. But even though they aren't considered directly employed by the railroad, FELA can still hold them accountable if they're negligent in their job.
You should also take the time to complete all forms you are required to complete within the FELA procedure, as they are usually designed by the railroads attorneys or claims department to gather information that they can use to weaken the claim. If you're unsure of how to respond to questions on the form, contact your union representative immediately and ask them to explain what options are available for you. Also, you should take photographs of the area or machinery involved in your accident and keep an account of the expenses you incurred as well as the severity and nature of your injuries.
What are my rights?
Many workers worry that filing a FELA claim could sour their relationship with their employer or result in negative consequences. However, FELA explicitly prohibits employers from taking retaliatory action against employees who seek compensation for work-related injuries. Contact us if you believe that your employer has violated FELA.
If you're injured, it's important to seek medical treatment. After you've stabilized it is recommended that you consult a FELA attorney who has experience. Our lawyers can help you understand the procedure and assist you in understanding the options available to you. They can also assist with submitting your claim.
If you make a claim with the railroad company, they have 30 to 60 calendar days to respond. The court will then schedule an investigation plan, in which both parties will exchange evidence. Paper discovery (documents medical records, documents and medical records, etc.) and depositions of witnesses will be part of the plan. Both sides could also file motions to challenge certain evidence.
It is essential to disclose the full extent of your injury. This includes future medical costs and other damages. Our lawyers will be able to get you the maximum amount of compensation.
The courts will give each party a proportion of blame, which could impact your award. Our attorneys will defend your rights in court and are not unwilling to go to trial if necessary.
You may be able settle your case before going to trial, based on the circumstances surrounding your injury. Our FELA attorneys can help you negotiate with the employer to reach a fair agreement.
If you choose to work with our firm, we will be your legal representative for the duration of your FELA case. We will assist you in filing your claim, address any questions your employer or insurance company might have, and assist with obtaining the proper medical documentation to support your claim.
While your case is pending, we can advance you money without interest. This can be a great assistance if you're struggling pay your bills while waiting for your settlement. Contact us today for a complimentary consultation about the FELA claims process.
How do I submit a claim for compensation?
Employing a competent attorney is the first step towards a successful FELA case. They can assist you to demonstrate that you're eligible while clearing hurdles like the burden of proof. They can also assist in submitting your claim within the three-year period of limitation. An experienced attorney can ensure that you have all the documents required for your case. This includes medical documents, incident reports, photographs, and other evidence. Proper documentation is crucial for FELA claims as it helps to establish that your injuries were the result of an incident at work. It can also be useful for demonstrating that your employer was negligent.
If possible, seek immediate medical attention if you've been injured. This is essential for your health and for your injury claim. Request copies of your medical records to ensure that you have accurate and comprehensive information regarding your case.
It is your responsibility to inform your employer of your injury after you have received medical treatment. You can do this either by filling out an official accident report or by notifying your supervisor of the accident. You should take action as soon as you can because railroads begin collecting statements, photos and other evidence when an injury occurs.
Your lawyer will want to have the information as early in your case as you can because memories fade and evidence is lost as time passes. It's important to hire an experienced attorney as soon as you can after your injury.
Once your lawyer has the necessary documentation they will file a lawsuit against the railroad. The FELA procedure is similar to personal injury lawsuits. Both sides conduct extensive investigations and discuss settlement options. If the parties cannot reach a settlement, they will go to trial, where a jury or judge will decide the case.
If you've been injured working for the railroad, FELA provides an opportunity to recover damages that are beyond the amount you'd receive from traditional workers compensation. To learn more about this process and what skilled FELA attorneys can assist you, call Schwartzapfel Lawyers today.
How long will my claim take?
fela claims railroad employees for filing a claim is dependent on many factors, such as the severity of an injury and if it's possible to resume work. However, a knowledgeable FELA lawyer will know how to gather and present the evidence required to get the maximum amount of compensation in federal court. The benefits could cover medical bills, personal injury costs, and lost wages. In the event of a fatal accident, the claim for wrongful deaths may also be filed on behalf of family members.
FELA claims account for the particular risks associated with railroad work and offer an excellent opportunity to secure damages that go over and beyond what is offered in workers' compensation cases. The process is not easy and an experienced attorney will be needed to ensure that all issues are addressed. The statute of limitations demands that the lawsuit be filed within 3 years of the date of injury.
When a lawsuit is filed the judge will usually order mandatory mediation and settlement conferences to attempt to settle the matter without trial. If the case doesn't settle at this point the case will be referred to trial by an individual judge who will decide the amount of damages due to the injured worker.
As mentioned among the most important aspects of the success of a FELA case is making sure that all medical treatment is obtained. This is vital, not only for your health, but also for the success of your claim. If the injuries sustained by a worker aren't as severe as claimed by the company, they could be able to argue that the injury isn’t as serious as claimed. The suit could be denied.
It is also important to seek legal advice as soon as you can after an injury. A FELA lawyer can assist victims navigate the federal court system and file a successful wrongful-death or workers compensation claim. When looking for an lawyer or law firm, seek out those who specialize in FELA cases and have a solid track record. Ask about their previous success and request referrals from your colleagues, union representatives or others who have had similar experiences as an accident on the railroad.