FELA Claims and How to File Them
FELA claims bypass the limits on damages that are typically applicable to workers' comp cases. However, the railroad companies will attempt to limit your claim when they question your injuries and their extent.
Understanding the complexities of fela claims can help you obtain fair compensation. Getting legal advice from lawyers who specialize in these types of cases can make all the difference.
What is the FELA?
The FELA is an array of federal laws that are designed to protect railroad workers. It allows injured workers to sue their employers and seek damages, including medical expenses, wages lost along with pain and suffering and much more. Unlike workers' comp claims, FELA allows monetary payouts to be decided by juries, rather than following predetermined benefit schedules under state laws. This permits workers to receive greater payouts, but it also demands that they prove their case.
Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act which can strengthen a worker’s case by making the process of proving that a railroad company violated workplace standards easier. These other statutes may help to strengthen a claim when an accident occurred prior to the three-year time limit for FELA claims.
It is essential to select an attorney who is that is familiar with the kind of work, since they will be able to guide you through the process more smoothly and efficiently. If possible, find an attorney who has worked with clients from your line of work and have experienced the same issues you are facing and offer you valuable advice from their experiences.
Another key point to remember is that the FELA does not bar contractors from making injury claims. Contractors are frequently used by large rail companies for temporary work or special projects. However although they are not considered directly employed by the railroad, FELA can still hold them liable if they are negligent in their duties.
You should also take the time to fill out all forms you are required to complete within the FELA procedure, since they are usually designed by the railroads' lawyers or claims department in order to gather information that they can use to weaken the claim. Contact your union representative immediately if aren't sure how to answer questions on the form. They'll be able to explain to you the options available. It is also essential to take photos of any equipment or locations involved in your injury, as well as to keep an eye on your expenses and the nature and severity of your injuries.
What are my rights as an American citizen?
Many workers worry that filing a FELA claim will taint their relationship with their employer or lead to negative consequences. However, FELA explicitly prohibits employers from taking retaliatory action against employees who seek compensation for injuries sustained at work. If you believe that your employer has violated FELA do not hesitate to reach us for assistance.
As soon as you are injured, it's important to seek medical treatment. After you've stabilized it is recommended that you consult a FELA attorney with expertise. Our attorneys can help you to understand the process and your options. They can also help you with submitting your claim.
After you make a claim with the railroad company, they have 30 to 60 calendar days in which to respond. The court will then set an investigation plan, in which both parties will exchange evidence. This includes documents for discovery (documents and medical records) and witness depositions. Both parties may also file motions challenging some of the evidence.
It is crucial to understand the full scope of your injuries, including future medical needs and other damages. This will enable our lawyers to fight for the maximum amount you deserve.
The courts will give each party a proportion of the blame, which can impact the amount you receive. Our attorneys will fight for your rights in court and aren't scared to take you to trial if necessary.
You may be able to settle your case before going to trial, based on the circumstances that led to your injury. Our FELA lawyers can assist you to negotiate with the employer to reach a fair deal.
When you hire our firm, we will be your legal representatives throughout the duration of your FELA case. We can assist you in filing your claim, answering any questions that your employer or insurer might have, and obtaining the necessary medical evidence to support your claim.
While your case is pending and we're awaiting your case to be resolved, we can loan you money with no interest. This can be very helpful in the event that you are struggling to pay your bills while waiting for your settlement. Contact us to receive a free consultation on the FELA claim process.
How can I make a claim?
Finding a reputable attorney is the first step in an effective FELA case. They can assist you in proving you are eligible and overcoming hurdles like the burden of evidence. They can also assist you in determining whether you are eligible to submit your claim within the three-year statute of limitations. Additionally, a skilled attorney can ensure that you have the proper documentation for your case. This includes medical records, incident reports as well as photographs and other evidence. Proper documentation is important for FELA claims because it helps to demonstrate that your injuries were a result of an incident at work. It is also helpful in proving that your employer was negligent.
If possible, seek urgent medical attention if been injured. This is not just for your health but also for your injury claim. Also, make certain to obtain copies of all your medical records so you have the most complete and accurate information available for your situation.
It is your responsibility to inform your employer of your injury after you have received medical treatment. 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 soon as you can because the railroad starts collecting statements, photographs and other evidence as soon as you've been injured.
Your lawyer must be aware of the information as quickly as possible to begin your claim since memories fade and evidence disappears as time passes. This is why it's crucial to get a skilled attorney as soon as you've suffered an accident.
Once your lawyer has the necessary documentation, they will start an action against the railroad. The FELA process is similar to personal injury lawsuits and both sides conducting thorough investigations and negotiating settlement options. If the parties cannot agree on a settlement, they will proceed to trial where the jury or judge will decide the case.
If you have suffered an injury on the job, FELA can provide you with compensation that is above and beyond those you'd receive under traditional workers' compensation. Schwartzapfel Lawyers can help you to learn more about the FELA procedure and the expertise of FELA lawyers can do to help your case.
How long will my claim be?
The timeframe for a claim depends on a variety of variables such as the severity of the injury, and whether or not it's possible to return to work. A seasoned FELA lawyer will know how to gather and present evidence to secure maximum compensation in federal court. Benefits can be used to pay for medical expenses as well as personal injury expenses and lost wages. In the case of an accident that causes the death of a loved one, the family can bring a claim for wrongful death.
FELA claims account for the unique risks of railroad jobs and provide an excellent opportunity to claim damages that are above and beyond those that are available in workers compensation cases. However the process is complicated and requires a skilled lawyer to make sure that all issues are discussed and addressed. A lawsuit must be filed within three years of the date of the injury and the time limit for filing a lawsuit is strictly applied.
When a lawsuit is filed the judge will usually require mediation and settlement conferences to attempt to settle the case without going to trial. If the case isn't settled at this point the case will be referred to trial by a judge who will determine the damages due to the injured worker.
As stated as one of the most important aspects of a successful FELA claim is to ensure that all medical treatment is obtained. This is vital, not only for the health of the injured employee, but also for the success of the case. If a worker isn't getting adequate medical treatment, the company may be able to argue that the injuries are not as severe as they claim and the lawsuit could be dismissed.
It is also crucial to seek legal advice as quickly as you can after an injury. A FELA lawyer can assist victims navigate the federal court system and file a successful wrongful death or workers' compensation claim. Find attorneys or law firms that have experience in FELA cases. Inquire about their past successes and ask for referrals from colleagues, union representatives or others who have had similar experiences with railroad accidents.