FELA Claims and How to File Them

FELA claims are able to bypass the limitations on damages which are usually applicable to workers' compensation claims. However, large railroad companies might try to minimize your claim by questioning the extent and nature of your injuries.

Understanding the complicated fela claims can help you receive 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 employers’ government to safeguard railroad employees. It permits injured employees to sue their employer and seek compensation, which includes medical expenses and loss of wages, pain and suffering, and many more. Unlike workers' compensation claims and FELA claims, the FELA allows for monetary payments decided by juries rather than according to pre-determined benefits schedules imposed by the law of the state. This allows workers to receive significantly larger amounts in awards, however it also requires a greater burden of evidence for an employee to win a case.

Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act could aid a worker's claim by making the case that the railroad company was in violation of workplace standards easier. These other statutes may help to strengthen a claim when the accident occurred after the three-year limitation period for FELA claims.

It's important to choose an attorney who is who is familiar with your particular specific field of work, as they will be able to guide you through the process more smoothly and efficiently. If you can, choose a lawyer who is familiar with other clients in your field and have faced similar problems you face and offer you valuable advice from their experience.

It's important to remember that the FELA doesn't exclude contractors from filing lawsuits for injury. Contractors are often used by larger rail companies on a temporary basis or for special projects, but even if they're considered to be employees of the railroad, they may still be held accountable under FELA when they're negligent in their job.

You should also carefully complete all forms you are required to complete in the FELA procedure, as they are typically created by railroads lawyers or claims department in order to collect 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 right away and ask them to explain the options are available for you. Also, take pictures of the place or equipment that was involved in the accident, and keep the track of all your expenses, as well as the nature and severity your injuries.

What are my rights?

Many workers are concerned that filing a FELA claim will strain their relationship with their employer or cause negative consequences. However, FELA explicitly prohibits employers from punishing employees who file a claim for compensation for work-related injuries. If you think your employer has violated FELA do not be afraid to contact us for assistance.

When you first become injured, it is important to seek medical treatment. After you've stabilized we suggest that you speak with an FELA attorney who has experience. Our lawyers can help you understand the procedure and help you understand the options available to you. They can also help you file your claim.

If you make a claim with the railroad company, they have 30 to 60 calendar days to respond. The court will set a discovery plan so that both parties can exchange evidence. Paper discovery (documents medical records, documents, etc.) and depositions of witnesses will be included. Both parties can also file motions to contest certain aspects of the evidence.

It is crucial to give the complete extent of your injuries. This includes future medical costs and other damages. Our lawyers can obtain the highest amount of compensation.

The courts will assign an amount of fault to each party, which could affect the amount you receive. Our attorneys will help you fight for your rights in court, and we are not unwilling to take a case to trial if necessary.

Depending on the circumstances surrounding your injury, you may be able to settle your case without having to go to trial. Our FELA attorneys can help you negotiate with the employer to reach a fair agreement.

We will assist you throughout the duration of your FELA claim if you choose to hire us. We will assist you in filing your claim, addressing any questions your employer or insurer might have and obtaining the required medical documentation to prove your claim.

While your case is pending, we can provide you with money without interest. This could be a huge assistance if you're struggling pay your bills while waiting for your settlement. Contact us to receive no-cost consultation regarding the FELA claim process.

How do I make a claim?

The first step to a successful FELA claim is to hire a skilled attorney. This person can help you demonstrate that you're eligible and clear hurdles such as the burden of proof required. They can also assist you in determining whether you are eligible to file your claim within the three-year statute of limitations. A licensed attorney can ensure that you have all the evidence necessary for your case. This includes medical records and incident reports, as well as photographs and other evidence. Documentation is vital for FELA claims, since it allows you to prove that your injuries were caused by incidents at work. It can also be useful in proving that your employer was negligent.

The next step is to seek immediate medical treatment for your injuries, should you be able to. This is important not only for your health, but also for your injury claim. Request copies of your medical records to ensure you have accurate and comprehensive information for your case.

After you've received medical treatment, you need to report your injury to your employer. You can fill out the official accident forms or inform your supervisor of the incident. It is important to take action as soon as you can, since railroads begin collecting statements, photos and other evidence immediately after an injury occurs.

Your lawyer should know the information as soon as possible in order to begin your claim, since memories fade and evidence disappears as time passes. This is why it's so critical to hire a knowledgeable attorney as soon as you've suffered an accident.

When your lawyer has all the documents they need, they will bring suit against the railroad. The FELA process is similar to personal injury lawsuits. Both parties conduct thorough investigations and discuss settlement options. If the parties cannot reach a settlement they will go to trial, where jurors or judges decide the case.

If you have suffered an injury 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 experienced FELA attorneys can assist you, call Schwartzapfel Lawyers today.

How do I expect to process my claim?

The time frame to file an action is contingent on a variety of factors, including the severity of a personal injury and whether it's possible to resume work. However, a skilled FELA lawyer will be able to gather and present the evidence needed to obtain maximum 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 that a fatal accident occurs, a claim for wrongful death can also be filed for family members.

FELA claims account for the unique risks of railroad jobs and offer an excellent opportunity to obtain damages that go over and beyond those available in workers' compensation cases. The process is not easy, and an experienced lawyer is required to ensure that all issues are addressed. The statute of limitations requires that the lawsuit be filed within three years of the date of injury.

When a lawsuit is filed the judge will usually require mediation and settlement conferences in an attempt to settle the matter without going to trial. If the case isn't resolved in these early stages the case will be sent to trial where the judge will decide what damages are due to the injured employee.

As we have already mentioned getting all the required medical treatments for an effective FELA claim is crucial. This is important not just for your health, but for the success of your claim. If a worker's injuries aren't as serious as they were claimed by the company, they may be able argue that the injury isn't as serious as they claim. The lawsuit may be dismissed.

It is also important to seek legal advice as soon as you can following an injury. A fela railroad lawyer can assist victims navigate the federal court system and file a successful wrongful-death or workers' compensation claim. Find lawyers or law firms with expertise in FELA cases. Find out about their past success and request referrals from colleagues, union representatives or others who have had similar experiences as a railroad accident.