FELA Claims and How to File Them

FELA claims do not have the same limitations on damages as workers' compensation claims. However, the railroad companies may try to limit your claim if they question your injuries and their severity.

Understanding the complexities of fela claims will assist you in receiving fair compensation. It can make a big difference to seek legal representation from lawyers who specialize in these types of cases.

What is the FELA?

The FELA is an array of federal laws designed to protect railroad workers. It permits injured employees to sue their employer and seek compensation, which includes medical expenses and loss of wages, pain and suffering, and many more. Unlike workers' comp claims, FELA allows monetary payouts to be determined by juries rather than following predetermined benefit schedules in state law. This allows employees to receive higher award amounts but also requires that they demonstrate their case.

Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act which can aid a worker's claim by making proving that the railroad company was in violation of workplace standards more straightforward. These other statutes may aid in proving a claim if the incident occurred after the three-year period of limitation for FELA claims.

It is crucial to select a lawyer who has prior experience in the field you work in. They can guide you through the entire process faster and more efficiently. Find a lawyer that has worked with clients in your area. They might have faced similar issues to you and will be able to give you valuable advice.

It is important to note that the FELA does not prohibit contractors from filing lawsuits for injury. Contractors are frequently employed by larger rail companies on a temporary basis or for special projects but even if they're considered as direct employees of the railroad, they could still be held liable under FELA when they're negligent in their work.

It's also important to carefully fill out any forms that you're required to fill out as part of the FELA procedure, as they're typically designed by the railroad's attorneys or claims department in order to collect information that they can use to weaken your claim. If you're not sure of how to respond to questions on the form, contact your union representative right away and ask them to explain the options are available for you. Also, you should take photographs of the area 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 are concerned that filing a FELA claim will strain their relationship with their employer or lead to negative consequences. However, FELA explicitly prohibits employers from retaliating against employees who seek compensation for injuries sustained at work. Contact us if you believe that your employer has violated the FELA.

After you have been injured, your first priority should be seeking medical treatment as soon as you can. After you've stabilized, we recommend you contact an FELA attorney who has experience. Our attorneys can assist you learn more about the process and options. They can also assist with submitting your claim.

After you have filed an action the railroad company will have 30-60 days to respond. The court will then schedule a discovery plan, where both parties will exchange evidence. Paper discovery (documents, medical records and medical records, etc.) and depositions of witnesses will be included. Both sides could also file motions to challenge certain evidence.

It is important that you disclose the complete extent of your injuries. This includes future medical costs and other damages. Our lawyers will be able to ensure you receive the maximum amount of compensation.

The courts will assign each party a percentage of the blame, which may impact your award. Our attorneys will help you fight for your rights in court and we are not afraid to take a case to trial if needed.

You may be able to settle your case before going to trial, based on the circumstances surrounding your injury. Our FELA attorneys can help you negotiate with your employer to reach a fair settlement.

We will be your advocate throughout the duration of your FELA claim if you choose to hire us. We will help you file your claim, answer any questions your insurance company may ask, and assist you in getting the right medical documents to support your claim.

We may even loan you money, without interest, while your case is still pending. This can be very helpful in the event that you are trying to pay your bills while waiting for your settlement. Contact us to receive no-cost consultation on the FELA claim process.

How do I make an application for compensation?

The first step in the process of a successful FELA claim is hiring an experienced attorney. The attorney can help you prove that you're eligible, while overcoming hurdles such as the burden of proof. They can also assist you in filing your claim within the three-year period of limitation. A qualified attorney can also ensure that you have all the documents needed for your case. This includes medical records, incident reports photographs, and other evidence. Documentation is vital for FELA claims, since it can help you prove that your injuries were caused by incidents at work. It can also be helpful to prove that your employer was negligent.

If possible, seek immediate medical attention if you've been injured. This is not just for your health, but also for your injury claim. Get copies of your medical records to ensure you have complete and accurate information regarding your case.

After receiving medical treatment, you need to notify your employer. You can either fill out an an official accident form or inform your supervisor about the incident. It is important to take action as soon as possible because the railroad begins collecting statements, photos and other evidence when an injury occurs.

Your lawyer should have the details as early in your claim as is possible since memories fade and evidence disappears as time passes. It is essential to retain an experienced attorney as soon as possible after the accident.

Once your lawyer has all the evidence they need, they will file suit against the railroad. The FELA procedure is largely similar to personal injury lawsuits and both sides conducting thorough investigations and discussing settlement options. If the parties aren't able to reach an agreement, they'll proceed to trial, where a judge or jury will rule on the case.

If you've been injured while working for a railroad, FELA provides an opportunity to claim damages that go beyond what you could receive through traditional workers' compensation. Schwartzapfel Lawyers can help you learn more about the FELA process and how experienced FELA lawyers can do to help your case.

How long will my claim take?

The time frame to file a claim is dependent on a myriad of factors, such as the severity of a personal injury and whether it is possible to return to work. However, a knowledgeable FELA attorney will know how to gather and present the evidence needed to secure maximum compensation in federal court. Benefits can be used to cover medical expenses, personal injury costs, and lost wages. In the event that a fatal accident occurs, a wrongful death claim can also be filed for family members.

FELA claims account for 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. The process is not easy and a skilled attorney will be needed to ensure that all issues are taken care of. A lawsuit must be filed within three years from the date of the injury and the statute of limitations is strictly applied.

A judge is usually the one to order mandatory settlement conferences and mediation after the filing of a lawsuit in an effort to settle the matter prior to trial. If the case isn't settled at this point it will be subject to trial, where a judge will determine what damages are due the injured employee.

As stated among the most important elements of a successful FELA case is ensuring that all medical treatment is obtained. This is vital, not only for the health of the injured worker but as well for the success of the claim. If the injuries sustained by a worker aren't as severe as claimed by the company, they might be able argue that the injury isn't as serious as they claim. The lawsuit could be denied.

Furthermore, it is essential that one seek legal advice as soon as is possible following an injury. A fela claims railroad employees lawyer can assist victims navigate the federal court system and file a successful wrongful-death or workers' compensation claim. Look for attorneys or law firms that have expertise in FELA cases. Ask about their past successes and ask for recommendations from other railroad accident victims, union representatives or colleagues.