FELA Claims and How to File Them
FELA claims do not have the same restrictions on damages as workers' compensation claims. However, big railroad companies may attempt to reduce your claim by questioning the nature and severity of your injuries.
Understanding the intricacies of fela claims can help you get fair compensation. It can make a big difference to get legal representation from attorneys that specialize in these cases.
What is the FELA?
The FELA is an act of the federal government to protect railroad workers. It allows injured employees to sue their employers and recover damages, including medical expenses and lost wages as well as pain and suffering and more. Contrary to claims for workers' compensation, the FELA allows for monetary compensation that are decided by juries, rather than according to pre-determined benefits schedules under state law. This allows employees to receive higher payouts, but it also demands that they demonstrate their case.
In addition to FELA, there are other federal laws like the Locomotive Inspection Act and Railroad Safety Appliance Act which can make a difference for a worker's claim by making it easier to prove the railroad company did not adhere to workplace standards. These laws can also aid in making a claim stronger in the event that the incident occurred outside the three-year statute of limitations that applies to all FELA cases.
It's important to choose a lawyer that is familiar with the type of work, as they will be able to guide you through the process more smoothly and efficiently. If you can, choose a lawyer who works with clients from your field of work, as they may have experienced the same issues you are facing and give you valuable advice based on their experiences.
Another key point to remember is that the FELA does not prohibit contractors from filing injuries claims. Contractors are typically employed by larger railroads on a temporary basis or for special projects, but even though they're not considered as direct employees of the railroad, they could still be held liable under FELA if they're negligent in their work.
You should also carefully complete all forms that you're required to fill out within the FELA procedure, as they are typically designed by the railroads' lawyers or claims department in order to gather information that they could use to weaken the claim. If you're not sure of how to respond to questions on the form, contact your union representative right away and have them explain what options are available for you. Also, take pictures of the location or machinery that was involved in your accident, and keep an account of your expenses, as well as the nature and severity of your injuries.
What are my rights as an American citizen?
Many workers are concerned that filing a FELA claim could sour their relationship with their employer or result in negative consequences. FELA prohibits employers from taking retaliation against employees who file a claim for compensation for work-related injuries. If you believe your employer has violated FELA do not hesitate to contact us for help.
After you have been injured, your first priority is to seek medical treatment as soon as you can. Once you've recovered we suggest that you speak with an FELA attorney who has experience. Our attorneys can explain the procedure and help you understand the options available to you. They can also assist you to with the filing of your claim.
When you submit a claim to the railroad company, they are given 30-60 calendar days to respond. The court will then schedule a discovery plan where both parties can exchange evidence. This includes paper discovery (documents and medical records) and witness depositions. Both parties may also file motions disputing some of the evidence.
It is essential to provide the full extent of your injury. This includes future medical expenses and other damages. Our lawyers can get you the maximum amount of compensation.
The courts will assign a percentage of the fault to each party, which could affect your award. Our attorneys will fight for your rights in court and aren't unwilling to go to trial if needed.
Depending on the circumstances of your injury, you might be in a position to settle your case without going to trial. Our FELA attorneys can help you negotiate with the employer to reach a fair settlement.
When you hire our company as your legal representatives for the duration of your FELA case. We will assist you with filing your claim, addressing any questions your employer or insurer might have, and obtaining the necessary medical documents to back your claim.
We may even loan you money, without interest in the event that your case is in the process of being resolved. This could be a huge aid if you're struggling to pay your bills while waiting for your settlement. Contact us to receive no-cost consultation regarding the FELA claim process.
How do I file a claim?
The first step to a successful FELA claim is hiring an experienced attorney. This person can help you prove that you're eligible, while overcoming hurdles such as the required burden of proof. They can also aid you in submitting your claim within the 3-year period of limitation. Additionally, a licensed attorney will ensure that you have necessary evidence for your case. This includes medical records, incident reports as well as photographs and other evidence. Documentation is essential for FELA claims as it helps you demonstrate that your injuries were a result of work-related incidents. It could be helpful in proving that your employer was negligent.
If possible, seek urgent medical attention if you've been injured. This is crucial for your health and for your injury claim. Also, make sure to obtain copies of all your medical records to ensure that you have the most comprehensive and accurate information you can get to support your claim.
After you've received medical treatment, you need to notify your employer. You can do this either by filing an official accident report, or by telling your supervisor about the incident. It's important to do this as early as you can since the railroad begins collecting statements, photographs and other evidence immediately after you've been injured.
Your lawyer will want to have the information as early on in your case as you can since memories fade and evidence disappears as time passes. fela lawyer is essential to retain an experienced attorney as soon as possible after the accident.
Once your lawyer has the required documents and documentation, they can bring a lawsuit against the railroad. The FELA procedure is similar to personal injury lawsuits. Both parties conduct extensive investigations and discuss settlement options. If the parties cannot reach an agreement, they'll proceed to trial where the jury or judge will decide on 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. Schwartzapfel Lawyers can help you understand the FELA process and what experienced FELA lawyers can do for your case.
How long will my claim take?
The time frame to file a claim depends on many factors, including the severity of a personal injury and whether it's possible to return to work. However, a skilled FELA attorney will know how to gather and present the evidence needed to get the maximum amount of compensation in federal court. Benefits can be used to pay for medical costs and personal injury costs and lost wages. In the case of an accident that causes the death of a loved one, the family can file claims for wrongful deaths.
FELA claims are a reflection of the particular risks associated with railroad jobs and offer an excellent opportunity to claim damages that go over and beyond what is offered in workers compensation cases. However, the process is complex and requires a skilled lawyer to make sure that all issues are raised and addressed. The statute of limitations requires that a lawsuit be filed within three years of the date of injury.
A judge will usually order mandatory mediation and settlement conferences after an action has been filed in an effort to settle the matter prior to trial. If the case isn't settled at this stage the case will be heard by the judge who will decide the amount of damages owed to the injured worker.
As we've previously mentioned getting all the required medical treatments for an effective FELA claim is crucial. This is crucial, not only for your health but also for the success of your claim. If a worker isn't receiving adequate medical care and treatment, the business may be able to argue that the injuries aren't as severe as they are claimed to be, and the suit could be dismissed.
Moreover, it's imperative that one seek legal advice as soon as is possible 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 solid track of success. Ask about their previous successes and ask for suggestions from other railroad accident victims, union representatives, or colleagues.