FELA Claims and How to File Them
FELA claims go beyond the limits on damages that are typically applicable to workers' compensation cases. However, railroad companies will attempt to limit your claim if they question your injuries and their extent.
Understanding the complexities of fela claims can help you secure fair compensation. Seeking legal representation from attorneys who specialize in fela claims can make all the difference.
What is the FELA?
The FELA is a federal law that was created to protect railroad workers. It allows injured employees to sue their employers and recover damages, including medical expenses and loss of wages, pain and suffering, and much more. Contrary to claims for workers' compensation and FELA claims, the FELA allows for monetary compensation determined by juries instead of following pre-determined benefits schedules under the law of the state. This allows workers to receive much more substantial amounts of money, but it also requires a higher burden of evidence for an employee to prevail in a case.
Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act, can strengthen a worker’s case by making proving that the railroad company was in violation of workplace standards more straightforward. These laws can also assist in making a claim more convincing in the event that the accident occurred outside of the three-year statute of limitations, which applies to all FELA cases.
It is crucial to select an attorney who has expertise in your field of work. They will be able guide you through the entire procedure more efficiently and swiftly. If possible, look for a lawyer who is familiar with other clients in your field and have experienced the same issues you are facing and provide valuable advice based on their experience.
Another key point to remember is that the FELA does not prohibit contractors from filing injuries claims. Contractors are often used by larger railroads on a temporary basis or for special projects but even if they're considered to be direct employees of the railroad, they may still be held accountable under FELA if they're negligent in their work.
It's important to take your time when you fill out any forms that you have to complete as part of the FELA process, since they're typically created by the railroad's lawyers or claims department to get information they can use to weaken your claim. Contact your union representative immediately if you are unsure how to answer questions on the form. They will be able to tell you the options available to you. You should also take photos of the place or equipment involved in your accident, and keep the track of all your expenses, as well as the nature and severity of your injuries.
What are my rights?
Many employees worry that filing a FELA claim will strain their relationship with their employer or result in negative consequences. However, FELA explicitly prohibits employers from retaliating against employees who file a claim for compensation for injuries sustained at work. Contact us if you believe that your employer has violated FELA.
If you're injured, it is crucial to seek medical attention. After you've stabilized, we recommend you contact a FELA attorney with experience. Our lawyers can help you understand the process and your options. They can also assist in filing your claim.
If you file a claim with the railroad company, they have 30 to 60 calendar days to respond. The court will then set a discovery plan, where both parties will share evidence. This could include the use of paper discovery (documents and medical records) and witness depositions. Both sides can also file motions to contest certain aspects of the evidence.
It is essential to give the complete extent of your injuries. This includes future medical expenses and other damages. This will allow our lawyers to pursue the highest amount you are entitled to.
The courts will give each party a proportion of blame, which could impact your award. Our lawyers will fight for your rights in court and are not scared to take you to trial if needed.
You may be able settle your case before going to trial, based on the circumstances surrounding your injury. Our FELA lawyers will assist you to negotiate with your employer to reach an agreement that is fair.
When you hire our company as your legal representatives for the duration of your FELA case. We will assist you in filing your claim, address any questions your employer or insurance company may have, and assist with getting the right medical documents to support your claim.
While your case is pending we are able to loan you money with no interest. This can be extremely helpful when you're struggling to pay your bills while waiting for your settlement. Contact us for no-cost consultation regarding the FELA claim process.
How can I file a claim?
Employing fela case settlements is the first step to an effective FELA case. This person can assist you in proving you are eligible and in overcoming obstacles such as the burden of evidence. They can also assist in submitting your claim within the three-year time limit. A qualified attorney can also ensure that you have all the documentation required for your case. This includes medical records, incident reports as along with photographs and other evidence. Documentation is essential for FELA claims, since it can help you prove that your injuries were caused by workplace-related accidents. It can also be useful to prove that your employer was negligent.
The next step is seeking immediate medical treatment for your injuries if possible. This is important for both your health and for your injury claim. Get copies of your medical records to ensure you have accurate and comprehensive details for your case.
After you've received medical treatment, it is important to inform your employer. You can do this either by making an official accident report, or by telling your supervisor about the incident. It's crucial to get this done as quickly as you can, since the railroad starts gathering statements, photos and other evidence as soon as you've been injured.
Your lawyer must have the information as soon as possible in order to begin your claim, because memories fade and evidence disappears over time. This is why it's so important to find a reputable attorney right away after your accident.
Once your lawyer has all the documents they need, they will file suit against the railroad. The FELA process is similar to personal injury lawsuits, with both sides conducting thorough investigations and negotiating settlement options. If the parties cannot agree on a settlement, they will go to trial, where jurors or judges will rule on the case.
If you have been injured while working, FELA can provide you with damages that go above and beyond those you would receive under traditional workers' compensation. To find out more about this procedure and what experienced FELA attorneys can assist you, call Schwartzapfel Lawyers today.
How long will it take to process my claim?
The duration of a claim depends on many different factors, including the severity of the injury, as well as whether or not it's possible to return to work. A seasoned FELA lawyer will know how best to gather evidence and present it to secure maximum compensation in federal court. The benefits may be used to pay for medical expenses, personal injury costs, and lost wages. In the event of an accident that results in the death of a loved one, the family can bring claims for wrongful deaths.
FELA claims are a reflection of the particular risks associated with railroad work and offer an excellent opportunity to secure damages that are above and beyond those that are available in workers' compensation cases. The process is not easy, and an experienced attorney is needed to ensure that all issues are taken care of. A lawsuit must be filed within three years from the date of injury and the statute of limitations is strictly enforced.
When a lawsuit is filed, a judge will typically ordain mandatory mediation and settlement conferences in an attempt to settle the matter without trial. If the case doesn't settle at this stage the case will be referred to trial by an individual judge who will decide the damages due to the injured worker.
As mentioned as one of the most important elements of an effective FELA claim is to ensure that all medical treatment is obtained. This is critical not just for the health of the injured worker but also to ensure the success of the claim. If a worker doesn't receive adequate medical care The company might be capable of arguing that the injuries are not as severe as they claim, and the suit could be denied.
It is also essential to seek legal advice as quickly as you can after an injury. A FELA lawyer can assist a victim through the entire federal court process and assist in filing an effective wrongful death or workers' compensation claim. Look for attorneys or law firms that have experience in FELA cases. Ask about their previous success and request referrals from other railroad accident victims, union representatives, or colleagues.