FELA Claims and How to File Them
FELA claims are not subject to the same limitations on damages as workers' compensation cases. However, big railroad companies could try to minimize your claim by questioning the nature and severity of your injuries.
Knowing the nuances of fela claims can help you secure fair compensation. Legal representation from lawyers who specialize in fela claims can make all the difference.
What is the FELA?
The FELA is a federal law that was created to safeguard railroad employees. It allows injured workers to sue their employers and recover damages that include medical expenses, wages lost, pain and suffering and more. In contrast to claims for workers' compensation and FELA claims, the FELA allows for monetary compensation decided by juries rather than according to pre-determined benefits schedules under the law of the state. This allows workers to receive higher award amounts, but it also requires a higher burden of proof for an employee to prevail in a court.
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 easier. These laws can also aid in making a claim stronger in the event that an accident occurred outside the three-year statute of limitations, which is applicable to all FELA cases.
It is essential to select an attorney who is that is familiar with the specific field of work, as they'll be able to guide you through the process more efficiently and swiftly. If possible, find an attorney who has worked with clients from your field because they might have already encountered the same issues you are facing and provide valuable advice based on their experience.
It is important to note that the FELA does not prohibit contractors from bringing lawsuits against injury victims. Contractors are frequently used by major rail companies for temporary work or for special projects. But, even though they are not considered direct employees of the railroad, FELA can still hold them accountable if they're negligent in their duties.
It's also important to carefully complete any forms you have to complete as part of the FELA process, since they're usually designed by the railroad's attorneys or claims department in order to collect information they can use to weaken your claim. Contact your union representative immediately if are unsure how to answer questions on the form. They will be able to tell you what options you have. Also, take pictures of the location or machinery that was involved in your accident, and keep track of all your expenses as well as the nature and severity your injuries.
What are my rights?
Many workers fear that filing a FELA complaint will 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. Contact us if you believe your employer has violated the FELA.
After you have been injured, your first priority is to seek medical assistance as soon as you can. Once you've recovered, we recommend you contact a FELA attorney with experience. Our lawyers can explain the procedure and assist you in understanding the options available to you. They can also help you make a claim.
After you make a claim with the railroad company, they have 30 to 60 calendar days to respond. The court will then schedule a discovery plan so that both parties can exchange evidence. Paper discovery (documents, medical records, etc.) and depositions of witnesses will be included. Both sides may also file motions to dispute certain evidence.
It is crucial to disclose the complete extent of your injuries. fela accident attorney includes future medical expenses and other damages. Our lawyers will be able to obtain the highest amount of compensation.
The courts will assign an amount of fault to each party, which will affect your award. Our lawyers will defend your rights in court and aren't unwilling to go to trial if necessary.
You may be able to settle your case before trial depending on the circumstances that led to your injury. Our FELA attorneys can help you negotiate with your employer to reach a fair settlement.
We will assist you throughout the duration of your FELA claim if you choose to hire us. We can assist you in filing your claim, answering any questions that your employer or insurer might have and obtaining the required medical documents to back your claim.
We can even advance you money, interest free, while your case is pending. This can be very helpful in the event that you are struggling to pay your bills while waiting for your settlement. Contact us today for a complimentary consultation about the FELA claims process.
How can I make a claim?
Finding a reputable attorney is the first step towards success in a FELA case. This person can help you prove that you qualify and overcome obstacles such as the burden of proof. They can also aid you in submitting your claim within the three-year period of limitation. In addition, a qualified lawyer can ensure that you have the appropriate documentation to support your claim. This includes medical records and incident reports, as well as photographs and other evidence. Documentation is essential for FELA claims as it can help you prove that your injuries were caused by workplace-related accidents. It is also helpful in proving that your employer was negligent.
If you can, seek immediate medical attention if you've been injured. This is crucial for your health and for your injury claim. Obtain copies of your medical records to ensure you have accurate and comprehensive information for your case.
After receiving medical treatment, you must report your injury to your employer. You can either fill out an an official accident form or inform your supervisor about the incident. It is crucial to report the incident as early as you can since the railroad starts collecting statements, photos and other evidence immediately after you've suffered injuries.
Your lawyer will want to have the details as early in your claim as possible since memories fade and evidence dwindles as time passes. It's important to hire an experienced attorney as soon as possible after you've suffered an injury.
Once your lawyer has the required documents and documentation, they can file an action against the railroad. The FELA procedure is largely similar to personal injury lawsuits, with both sides conducting thorough investigations and discussing settlement options. If the parties can't agree on a settlement, they will go to trial, where a judge or jury will rule on the case.
If you've been injured on the job, FELA can provide you with compensation that is above and beyond those you would get under traditional workers' compensation. To know more about the process and what experienced FELA attorneys can help you, contact Schwartzapfel Lawyers today.
How do I expect my claim to take?
The time frame to file a claim is dependent on a myriad of factors, such as the severity of an injury and if it's possible to resume work. A seasoned FELA lawyer will know how best to gather evidence and present it to secure maximum compensation in federal court. Benefits can be used to cover medical expenses and personal injury costs and lost wages. In the case of an accident that results in the death of a loved one, the family can make a claim for wrongful death.
FELA claims reflect the particular risks associated with railroad jobs and offer an excellent opportunity to claim damages that go above and beyond what is offered in workers compensation cases. However the process is a bit complicated and requires an experienced lawyer to ensure that all issues are discussed and resolved. A lawsuit must be filed within three years of the date of injury, and the statute of limitations is strictly and strictly enforced.
After the lawsuit is filed the judge will usually 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 be subject to trial, where the judge will determine what damages are due the injured employee.
As we have already mentioned that obtaining all the required medical treatment for a successful FELA claim is essential. This is crucial, not only for the health of the injured employee, but as well to ensure the success of the case. If a worker's injuries aren't as serious as they were claimed by the company, they could be able to argue that the injury isn’t as serious as claimed. The lawsuit may be dismissed.
Furthermore, it is essential to seek legal advice as soon as they can following an injury. A FELA lawyer can help a victim navigate the whole federal court process and assist them in filing an effective wrongful death claim or workers' compensation claim. Find lawyers or law firms with experience with FELA cases. Find out about their previous successes and seek suggestions from other railroad accident victims, union representatives, or colleagues.
