FELA Claims and How to File Them
FELA claims go beyond the limits on damages that typically apply to workers' comp cases. However, the railroad companies may try to minimize your claim when they question your injuries and their severity.
Understanding the complexities of fela claims will help you receive 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 a set of federal laws that are designed to protect railroad workers. It permits injured workers to sue their employers and recover damages, including medical expenses, lost wages, pain and suffering and more. Unlike workers' comp claims, FELA allows monetary payouts to be determined by juries instead of according to predetermined benefit schedules in state law. This allows workers to receive much more substantial amounts of money, but it also requires a higher burden of proof for an employee to prevail in a case.
Other federal laws, such as 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 simpler. Other laws may aid in proving a claim if the incident occurred after the three-year limitation period for FELA claims.
It's important to choose an attorney who is familiar with your specific field of work, as they'll be able to guide you through the process more smoothly and swiftly. If possible, look for a lawyer who is familiar with other clients in your field, as they may have already encountered the same problems you face and provide valuable advice based on their experience.
It's important to remember that the FELA does not bar contractors from bringing lawsuits against injury victims. Contractors are frequently employed by large rail companies to perform temporary work or special projects. But although they are not considered directly employees of the railroad, FELA can still hold them liable if they are negligent in their work.
It's also important to carefully complete any forms you have to complete as part of the FELA procedure, as they're typically designed by the railroad's attorneys or claims department in order to collect information they could use to weaken your claim. If you're unsure of how to respond to questions on the form, you should contact your union representative right away and ask them to explain what options are available to you. It is also essential to take photographs of any equipment or locations involved in your accident, and keep track of your expenses and the severity and nature of your injuries.
What are my rights?
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 retaliating against employees who seek compensation for work-related injuries. Contact us if you believe that your employer has violated the FELA.
As soon as you are injured, it is important to seek medical attention. When you are stabilized, we recommend to contact a seasoned FELA attorney. Our lawyers can help you understand the process and your options. They can also help you in filing your claim.
When you submit a claim to the railroad company, they are given 30 to 60 calendar days in which to respond. The court will schedule a discovery plan where both parties can share evidence. This will include the use of paper discovery (documents and medical records) and witness depositions. Both sides can also file motions to challenge certain evidence.
fela law firm is important that you provide the full extent of your injury. This includes future medical costs as well as other damages. This will enable our lawyers to ensure that you receive the maximum amount you are entitled to.
The courts will give each party a percentage of blame, which could affect your award. Our lawyers will defend your rights in court and are not scared to take you to trial if necessary.
You may be able settle your case before trial depending on the circumstances surrounding your injury. Our FELA lawyers can assist you to negotiate with the employer to reach a fair agreement.
If you choose to work with our firm, we will be your legal representatives throughout the duration of your FELA case. We will assist you with filing your claim, address any questions your employer or insurance company might have, and assist with getting the appropriate medical documentation to support your claim.
While your case is pending we are able to loan you money with no interest. This is a great option when you're trying to pay your bills while waiting for your settlement. Contact us for an initial consultation for free regarding the FELA claim process.
How do I make a claim for compensation?
Finding a reputable attorney is the first step in success in a FELA case. The attorney can assist you in proving you qualify and overcome obstacles such as the burden of evidence. They can also assist you to file your claim within the three-year statute of limitations. An experienced attorney can ensure that you have all the documents necessary to support your claim. This includes medical records and incident reports as along with photographs and other evidence. Documentation is essential for FELA claims, as it allows you to prove that your injuries were caused by work-related incidents. It is also helpful to prove that your employer was negligent.
The next step is to seek immediate medical treatment for your injuries, If you are able to. This is not just for your health but also for your injury claim. Be sure to get copies of all your medical records so you have the most comprehensive and accurate information available for your case.
After receiving medical treatment, you need to inform your employer. You can do this either by making an official accident report or notifying your supervisor of the accident. It's crucial to get this done as early as you can since the railroad starts collecting statements, photographs and other evidence right after you've been injured.
Your lawyer should have the information as early on in your claim as possible because memories fade and evidence is lost as time passes. This is why it's crucial to get a skilled lawyer as soon as you've had an accident.
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 sides conduct thorough investigations and discuss settlement options. If the parties cannot agree on a settlement, they proceed to a trial in which the judge or jury will decide the case.
If you've been injured while working for the railroad, FELA provides an opportunity to claim damages that go over and above 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 it take to take to process my claim?
The length of time a claim can be filed depends on many different factors, including the severity of the injury, and whether or not it is 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 cover medical costs and personal injury costs and lost wages. In the event of an accident which results in death, the family members may file claims for wrongful deaths.
FELA claims are a great way to get compensation for railroad employees who face particular risks. They also give you a better opportunity than workers' compensation claims to secure additional damages. However the process is a bit complicated and requires a skilled lawyer to ensure that all issues are discussed and resolved. The statute of limitations requires that a lawsuit be filed within three years of the date of injury.
A judge will usually order mandatory mediation and settlement conferences after a lawsuit has been filed in an effort to settle the matter prior to trial. If the case isn't settled at this point, it will go to trial, where a judge will determine what damages are due to the employee who has been injured.
As we have already mentioned, obtaining all the necessary medical treatment for the successful FELA claim is crucial. This is vital, not only for your health, but also to ensure the success of your claim. If a worker's injuries aren't as serious as they were claimed by the company, they might be able to argue that the injury isn't as severe as claimed. The lawsuit could be denied.
It is also crucial to seek legal advice as soon as you can following an injury. A FELA attorney can help victims navigate the federal court system and file a successful wrongful-death or workers' compensation claim. When looking for an attorney or law firm seek out those who specialize in FELA cases and have a proven track record. Ask about their previous successes and ask for referrals from other railroad accident victims, union representatives or colleagues.