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FELA Claims and How to File Them FELA claims are not subject to the same limitations on damages as workers' compensation claims. However, the railroad companies may try to minimize your claim if they doubt your injuries and their extent. Understanding the complexities of fela claims can help you secure fair compensation. It can make a huge difference to get legal representation from attorneys that specialize in these types of cases. What is the FELA? The FELA is an array of federal laws that were created to protect railroad workers. It permits injured workers to sue their employers and recover damages that include medical expenses, wages lost as well as pain and suffering, and more. Unlike workers' compensation claims, the FELA allows for monetary compensation determined by juries instead of according to pre-determined benefits schedules under the law of the state. This allows workers to receive greater award amounts but also requires 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 strengthen a worker's case by making it easier to prove the railroad company breached workplace standards. These laws can help strengthen a claim if the incident occurred after the three-year limitation period for FELA claims. It's important to choose an attorney who is that is familiar with the type of work, as they will be able to guide you through the process more smoothly and efficiently. Find a lawyer that has worked with clients in your area. They might have faced the same issues as you and can give you valuable guidance. It's important to remember that the FELA does not prohibit contractors from bringing lawsuits against injury victims. Contractors are frequently used by major rail companies for temporary projects or for special projects. But even though they aren't directly employees of the railroad, FELA can still hold them accountable if they're negligent in their duties. It's also essential to be careful when you fill out any forms that you have to complete as part of the FELA procedure, as they're typically designed by the railroad's lawyers or claims department in order to collect information that they could use to reduce your claim. Contact your union representative immediately if you are unsure how to answer questions on the form. They can explain to you the options available. It is also essential to have photographs taken of any locations or machinery that may be involved in your injury as well as to keep an eye on your expenses and the severity and nature of your injuries. What are my rights? Many workers are worried that filing a FELA complaint could adversely affect their relationship with their employers or result in 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, don't hesitate to contact us for help. As soon as you are injured, it is crucial to seek medical treatment. Once you are stable We recommend that you consult with a knowledgeable FELA attorney. Our lawyers can explain the process and help you understand your options. They can also help you in submitting your claim. When you make a claim with the railroad company, they are given 30-60 calendar days to respond. The court will schedule an investigation plan in which both parties will be able to exchange evidence. This could include paper discovery (documents and medical records) and witness depositions. Both sides may also file motions to dispute some of the evidence. It is important to get the full scope of your injury, including future medical requirements and other damages. Our lawyers will be able to get you the maximum amount of compensation. The courts will assign a percentage of the fault to each party, which can affect the amount you receive. Our lawyers will help you fight for your rights in court and we're not unwilling to take a case to trial if needed. Based on the circumstances of your injury, you may be capable of settling your case without going to trial. Our FELA attorneys will help you negotiate with your employer and come to an agreement that is fair. When you hire our firm as your legal representatives throughout the duration of your FELA case. We will assist you in filing your claim, addressing any questions your insurer or employer might have and obtaining the required medical documents to support your claim. We may even loan you money, interest free in the event that your case is still pending. This is a great option in the event that you are struggling to pay your bills while waiting for your settlement. Contact us for a free consultation about the FELA claims process. How do I file a claim? Hiring a qualified attorney is the first step to success in a FELA case. The attorney can assist you in proving you are eligible and in overcoming obstacles such as the burden of proof. They can also aid you in submitting your claim within the 3-year time limit. Additionally, a skilled lawyer can ensure that you have proper documentation for your case. This includes medical records and incident reports as along with photographs and other evidence. Proper documentation is crucial for FELA claims because it helps to establish that your injuries were a result of work-related incidents. fela settlements can be useful in proving 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. Be sure to get copies of all your medical records so you have the most complete and accurate information available for your case. After receiving medical treatment, you must notify your employer. You can either fill out an an official accident form or inform your supervisor of the incident. You should do this as quickly as you can because railroads begin collecting statements, photos and other evidence as soon as an injury occurs. Your lawyer will need to know the information as soon as possible in order to begin your claim, as memories fade and evidence is lost over time. This is why it's important to find a reputable attorney right away after your injury. When your lawyer has all the evidence they need, they will make a claim against the railroad. The FELA process is similar to personal injury lawsuits. Both parties conduct thorough investigations and talk about settlement options. If the parties cannot reach a settlement, they will proceed to trial, where a judge or jury will decide on the case. If you've been injured while working for the railroad, FELA provides an opportunity to secure damages that go above and beyond the amount you'd receive from traditional workers compensation. Schwartzapfel Lawyers can help you to learn more about the FELA process and how experienced FELA lawyers can do for your case. How is the time it will take to take to process my claim? The time frame for filing an action is contingent on a myriad of factors, including the severity of an injury and whether it's possible to resume work. However, a knowledgeable FELA lawyer will be able to gather and present the evidence needed to obtain maximum compensation in federal court. The benefits may be used to pay medical bills, personal injury costs and lost wages. In the event of a fatal accident the claim for wrongful deaths may also be filed on behalf of family members. FELA claims are a reflection of the particular risks associated with railroad jobs and offer an excellent opportunity to claim damages that are above and beyond what is available in workers compensation cases. However the process is complicated and requires an experienced lawyer to ensure that all issues are raised and addressed. The statute of limitations stipulates that the lawsuit be filed within three years of the date of injury. Once the 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 isn't resolved at these stages, it will go to trial where a judge will determine what damages are due the employee who was injured. As we've already discussed that obtaining all the required medical treatments for a successful FELA claim is crucial. This is important, not only for your health but also for the success in your claim. If the injuries sustained by a worker aren't as severe as claimed by the company, they might be able to argue that the injury isn't as severe as they claim. The lawsuit could be denied. Moreover, it's imperative to seek legal advice as soon as possible after an injury. A FELA attorney can help victims navigate the federal court system and file a successful wrongful-death or workers' compensation claim. Find lawyers or law firms with experience in FELA cases. Inquire about their past successes and seek referrals from your colleagues or union representatives who have had similar experiences with an accident on the railroad.