FELA Claims and How to File Them
FELA claims are not subject to the same limitations on damages as workers' compensation cases. However, large railroad companies may try to reduce your claim by questioning the nature and severity of your injuries.
Knowing the nuances of fela claims can help you obtain 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 employees. It allows injured workers to sue their employers and recover damages that include medical expenses, lost wages along with pain and suffering and more. Unlike workers' comp claims, FELA allows monetary payouts to be decided by juries rather than according to a predetermined benefit schedule in state law. This permits workers to receive greater amount of compensation, but it also requires that they prove their case.
In addition to FELA, there are other federal laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act that can help a worker's case by making it easier to show the railroad company breached workplace standards. These other laws can aid in making a claim stronger in the event that the incident occurred outside the three-year statute of limitations, which applies to all FELA cases.
It is essential to select a lawyer that is familiar with the specific field of work, as they'll be able to guide you through the process more smoothly and efficiently. Choose a lawyer who has worked with clients in your field. They might have faced the same problems as you and can provide you with valuable advice.
It's important to remember that the FELA doesn't exclude contractors from filing injury lawsuits. Contractors are often used by larger railroads on a temporary basis or for special projects but even if they're considered as direct employees of the railroad, they may still be held accountable under FELA if they're negligent in their job.
It is also important to carefully complete all forms that you are required to complete in the FELA procedure, as they are usually designed by the railroads attorneys or claims department to gather information they can use to weaken a 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. It's also important to have photographs taken of any locations or machinery involved in your accident, as well as to keep track of your expenses and the nature and severity of your injuries.
What are my rights?
Many workers fear that filing a FELA complaint will affect their relationship with their employers or cause them to suffer negative consequences. FELA prevents employers from retaliating against employees who seek compensation due to work-related injuries. If you think your employer has violated FELA Don't hesitate to reach us for help.
After you've been injured, your first priority should be seeking medical assistance as soon as you can. After you've stabilized we suggest that you speak with an FELA attorney with expertise. Our lawyers can help you learn more about the process and options. They can also assist you to file your claim.
When you submit a claim to the railroad company, they will have 30-60 calendar days to respond. The court will set an investigation plan in which both parties will be able to exchange evidence. This includes the use of paper discovery (documents and medical records) and witness depositions. Both parties may also file motions to contest certain aspects of the evidence.
It is essential to determine the full extent of your injury, including future medical needs and other damages. This will allow our lawyers to pursue the highest amount you're entitled to.
The courts will assign an amount of fault to each party, which can affect the amount you receive. fela claims railroad employees will defend your rights in court and aren't scared to take you to trial if needed.
You may be able settle your case prior to trial based on the circumstances that led to your injury. Our FELA lawyers will assist you to negotiate with your employer and reach an agreement that is fair.
If you choose to work with our firm as your legal representatives throughout the duration of your FELA case. We will help you file your claim, answer any questions your employer or insurance company might have, and assist with getting the appropriate medical documentation to support your claim.
We are able to advance you money, interest free, while your case is in the process of being resolved. This can be a tremendous assistance if you're struggling pay your bills while waiting for your settlement. Contact us today to receive no-cost consultation regarding the FELA claim process.
How do I make a claim?
Hiring a qualified attorney is the first step to a successful FELA case. The attorney can help you prove that you qualify and overcome hurdles like the burden of evidence. They can also assist in filing your claim within the 3-year statute of limitation. Additionally, a licensed lawyer can ensure that you have the necessary evidence to support your claim. This includes medical records, incident reports, photographs, and other evidence. Proper documentation is important for FELA claims as it helps you demonstrate that your injuries were a result of work-related incidents. It is also helpful 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 your injury claim. Request copies of your medical records to ensure that you have complete and accurate information for your case.
You must inform your employer of your injuries after you have received medical treatment. You can fill out the official accident forms or inform your supervisor of the incident. It's important to do this as early as you can since the railroad starts gathering statements, photos and other evidence right after you've been injured.
Your lawyer will want to have the information as early in your claim as possible since memories fade and evidence disappears with time. It's important to hire an experienced attorney as soon as possible after your injury.
When your lawyer has all the documentation they need, they will make a claim 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 are unable to reach a settlement, they will go to trial, where jurors or judges decide the case.
If you've been injured while working, FELA can provide you with damages that are above and beyond those you would receive under traditional workers' compensation. To know more about the process and what skilled FELA attorneys can assist you, call Schwartzapfel Lawyers today.
How is the time it will take to take to process my claim?
The duration of a claim is contingent on a variety of factors such as the severity of the injury, as well as whether or not it's possible to return to work. A skilled FELA lawyer will know how best to gather evidence and present it to secure maximum compensation in federal court. The benefits could cover medical bills as well as personal injury expenses and lost wages. In the event of an accident that results in death, the family members may make an action for wrongful death.
FELA claims are an excellent way to obtain compensation for railroad workers who are subject to unique risk. They also offer a better opportunity than workers compensation claims to obtain additional damages. However the process is a bit complicated and requires an experienced lawyer to make sure that all issues are brought to light and addressed. The statute of limitations stipulates that a lawsuit be filed within 3 years from the date of injury.
After the lawsuit is filed the judge will usually require mediation and settlement conferences to attempt to settle the matter without trial. If the case isn't resolved in these early stages, it will go to trial where the judge will determine the amount of damages due to the employee who was injured.
As we've previously mentioned that obtaining all the required medical treatments for the successful FELA claim is crucial. This is vital not just for your health, but also to ensure the success of your claim. If the injuries suffered by a worker aren't as severe as claimed by the company, they might be able argue that the injury isn't as severe as they claim. The lawsuit could be denied.
It is also essential to seek legal advice as fast as you can after an injury. A FELA lawyer can guide a victim through the whole federal court process and assist them in filing an effective wrongful death claim or workers' compensation claim. When seeking an attorney or law firm, choose one that specializes in FELA cases and have a solid track record. Find out about their past success and request referrals from your colleagues, union representatives or others who have had similar experiences as a railroad accident.