FELA Claims and How to File Them
FELA claims are not subject to the same restrictions on damages as workers' compensation claims. However, the railroad companies will attempt to minimize your claim when they question your injuries and their severity.
Knowing the nuances of fela claims can help you get fair compensation. Legal representation from lawyers who specialize in these cases can make a huge difference.
What is the FELA?
The FELA is an array of
federal employers’ liability act laws that are designed to protect railroad workers. It permits injured employees to sue their employer and seek compensation, which includes medical expenses and loss of wages as well as pain and suffering and more. In contrast to claims for workers' compensation, the FELA allows for monetary compensation that are decided by juries, rather than following pre-determined benefits schedules under state law. This enables workers to receive significantly more substantial amounts of money, but it also requires a greater burden of proof to prevail in a court.
Other
federal railroad laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act which can aid a worker's claim by making proving that the railroad company was in violation of workplace standards simpler. These laws can help strengthen a claim if the incident occurred after the three-year period of limitation for FELA claims.
It is essential to select a lawyer who is familiar with your particular kind of work, since they'll be able to guide you through the process more efficiently and quickly. Find a lawyer that has worked with clients in your area. They might have faced the same issues as you and will be able to offer useful advice.
It's important to remember that the FELA does not prohibit contractors from filing lawsuits for injury. Contractors are frequently employed by larger railroads on a temporary basis or for special projects but even though they're not considered to be employees of the railroad, they could still be held liable under FELA if they're negligent in their job.
You should also carefully complete all forms you are required to complete during the FELA procedure, since they are often designed by the railroads attorneys or claims department in order to collect information that they can use to weaken the claim. Contact your union representative immediately if you are unsure how to answer questions on the form. They'll be able to explain to you what options you have. It's also crucial to take photographs of any locations or machinery involved in your accident, as well as to keep track of your expenses and the nature and severity of your injuries.
What are my rights?
Many employees are concerned that filing a FELA complaint will negatively impact their relationship with their employers or cause them to suffer negative consequences. FELA prohibits employers from taking retaliation against employees who file a claim for compensation due to work-related injuries. If you think your employer has violated FELA do not be afraid to contact us for assistance.
As soon as you are injured, it is important to seek medical treatment. Once you have stabilized it is recommended that you consult an FELA attorney with expertise. Our lawyers can explain the process and assist you in understanding your options. They can also assist you with submitting your claim.
After you have filed an action the railroad company will have 30-60 days to respond. The court will then arrange a discovery plan in which both parties will exchange evidence. Paper discovery (documents, medical records and medical records, etc.) and depositions of witnesses will be included. Both sides can also file motions to challenge certain evidence.
It is important that you disclose the full extent of your injury. This includes future medical expenses and other damages. Our lawyers will be able to ensure you receive the maximum amount of compensation.
The courts will assign a percentage of fault to each party, which could affect the amount you receive. 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 prior to trial based on the circumstances surrounding your injury. Our FELA lawyers can assist you to negotiate with your employer to reach a fair deal.
When you hire our company as your legal representatives for the duration of your FELA case. We can assist you in filing your claim, answering any questions that your insurance company or employer may have, and obtaining the necessary medical documents to support your claim.
We may even loan you money, without interest, while your case is in the process of being resolved. This can be extremely helpful when you're struggling to pay your bills while waiting for your settlement. Contact us to receive 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 hiring an experienced attorney. The attorney can help you prove that you're eligible, while clearing hurdles like the required burden of proof. They can also assist you in determining whether you are eligible to make your claim within the three-year period of limitations. Additionally, a licensed attorney can ensure that you have necessary evidence for your case. This includes medical documents, incident reports, photographs, and other evidence. Documentation is essential for FELA claims, since it allows you to prove that your injuries were the result of workplace-related accidents. It can also be useful for demonstrating that your employer was negligent.
The next step is seeking 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. Be certain to obtain copies of all your medical records to ensure you have the most comprehensive and accurate information for your situation.
After you've received medical treatment, you need to report your injury to your employer. You can either fill out an official accident forms or inform your supervisor of the incident. It's crucial to get this done as early as you can since the railroad begins gathering statements, photos and other evidence as soon as you've been injured.
Your lawyer should know the information as soon as possible to begin your claim, as memories fade and evidence disappears as time passes. This is why it's critical to hire a knowledgeable attorney right away after your injury.
Once your lawyer has all the documents they require, they'll file suit against the railroad. The FELA process is similar to personal injury lawsuits in that both sides conduct thorough investigations and discussing settlement options. If the parties fail to reach a settlement, they will go to trial, where a jury or judge will decide the case.
If you've been injured while working for a railroad, FELA provides an opportunity to recover damages that are above and beyond the amount you'd receive from traditional workers' compensation. To find out more about this procedure and what skilled
FELA attorneys can do for you, contact Schwartzapfel Lawyers today.
How long will it take to complete my claim?
The time frame to file a claim is dependent on a variety of factors, such as the severity of an injury and whether it is possible to return to work. However, a skilled FELA attorney will be able to gather and present the evidence needed to get the maximum amount of compensation in federal court. The benefits could be used to pay medical bills, personal injury costs, and lost wages. In the case of an accident that causes death, the family members may bring an action for wrongful death.