FELA Claims and How to File Them
FELA claims are able to bypass the limitations on damages that are typically applicable to workers' compensation claims. However, the big railroad companies may try to reduce your claim by questioning the extent and nature of your injuries.
Understanding the intricacies of fela claims can help you secure fair compensation. It can make a huge difference to seek legal advice by lawyers who specialize in these types of cases.
What is the FELA?
The FELA is a set of
federal employers’ liability act laws that were created to protect railroad workers. It allows injured workers to sue their employers and seek damages including medical expenses, lost wages as well as pain and suffering, and much more. Contrary to claims for workers' compensation and FELA claims, the FELA allows for monetary payouts determined by juries instead of according to pre-determined benefits schedules set by the law of the state. This enables workers to receive significantly higher award amounts, but it also imposes a higher burden of proof for an employee to win a case.
Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act, can strengthen a worker’s case by making proving that the railroad company violated workplace standards more straightforward. These laws can also aid in making a claim stronger in the event that an accident occurred outside of the three-year statute of limitations that applies to all FELA cases.
It is important to select an attorney with prior experience in the field you work in. They can guide you through the entire procedure more efficiently and swiftly. If possible, find an attorney who has worked with other clients in your field because they might have faced similar problems you face and offer you valuable advice from their experiences.
It's important to remember that the FELA does not bar contractors from filing lawsuits for injury. Contractors are frequently employed by larger railroad companies on a short-term basis or for special projects however, even though they're not considered as direct employees of the railroad, they can still be held accountable under FELA if they're negligent in their job.
You should also carefully fill out all forms you're required to fill in in the FELA procedure, as they are usually 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 how to answer the questions on the form, contact your union representative immediately 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 your injuries.
What are my rights?
Many workers are worried that filing a FELA complaint could negatively impact their relationship with their employers or cause them to suffer negative consequences. However, FELA explicitly prohibits employers from punishing employees who seek compensation for injuries sustained at work. Contact us if you believe 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 a FELA attorney who has experience. Our lawyers can help you to understand the process and your options. They can also assist you to file your claim.
After you've filed an action the railroad company will have 30 to 60 days to respond. The court will then set a discovery plan, where both parties will share evidence. This includes the use of paper discovery (documents and medical records) and witness depositions. Both parties may also file motions disputing some of the evidence.
It is essential to determine the full extent of your injury, which includes future medical requirements and other damages. This will allow our lawyers to fight for the maximum amount you are entitled to.
The courts will assign each party a share of the blame, which may impact your award. Our lawyers will help you fight to protect your rights in court, and we are not afraid to take a case to trial if necessary.
Based on the circumstances of your injury, you may be able to settle your case without going to trial. Our FELA attorneys will assist you negotiate with your employer and come to an agreement that is fair.
If you choose to work with our firm as your legal representatives for the duration of your FELA case. We will help you file your claim, address any questions your employer or insurance company might ask, and assist you in getting the right medical documents to bolster your claim.
While your case is in the process of being resolved we are able to advance you money without interest. This could be a huge help if you're struggling to pay bills while you wait for your settlement. Contact us today to receive a free consultation regarding the FELA claim process.
How do I file a claim?
The first step in a successful FELA claim is to hire a skilled attorney. This person can help you establish your eligibility and clear hurdles such as the burden of proof. They can also assist you in determining whether you are eligible to submit your claim within the three-year period of limitations. A qualified attorney can also ensure that you have all the documentation needed for your case. This includes medical records, incident reports, as well as photographs and other evidence. Proper documentation is important for FELA claims since it can help to prove that your injuries were the result of an incident at work. It can help in proving that your employer was negligent.
If possible, seek urgent medical attention if you have been injured. This is not just for your health, but also for your injury claim. Request copies of your medical records to ensure you have the most accurate and complete information for your case.
It is your responsibility to inform your employer of your injuries after you have received medical treatment. You can do this either by making an official accident report or notifying your supervisor of the incident. You should do this as quickly as possible because the railroad begins collecting statements, photographs and other evidence when an injury occurs.
Your lawyer will need to be aware of the information as quickly as possible in order to begin your claim, because memories fade and evidence disappears over time. This is why it's important to find a reputable lawyer as soon as you've had an injury.
When your lawyer has all the documentation they require, they'll file suit against the railroad. The FELA process largely mirrors personal injury lawsuits, with both sides conducting extensive investigations and discussing settlement options. If the parties fail to agree on a settlement, they proceed to a trial in which a jury or judge will decide the case.
If you have suffered an injury on the job, FELA can provide you with damages that go above and beyond those you would get under traditional workers' compensation. Schwartzapfel Lawyers can help you learn more about the FELA process and what experienced FELA lawyers can do for your case.
How long will my claim take?
The length of time a claim can be filed depends on many different factors such as the severity of the injury, as well as whether or not it is possible to return to work. A knowledgeable
FELA lawyer will know how best to gather and present evidence to secure maximum compensation in federal court. The benefits can be used to pay for medical expenses, personal injury costs, and lost wages. In the case of a fatal accident the claim for wrongful deaths can be filed by family members.
FELA claims are a great method of obtaining compensation for railroad workers who face unique dangers.