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 might attempt to limit your claim by denying the nature and severity of your injuries.
Understanding the intricacies of fela claims can help you obtain fair compensation. It can make a big difference to get legal representation by lawyers who specialize in these cases.
What is the FELA?
The FELA is a set of federal laws that are designed to protect railroad workers. It allows injured workers to sue their employers and seek damages that include medical expenses, wages lost along with pain and suffering and more. Unlike workers' compensation claims which are not covered by the FELA, the FELA allows for monetary payouts that are decided by juries, rather than according to pre-determined benefits schedules set by the law of the state. This allows employees to receive higher payouts, but it also demands that they prove their case.
In addition to FELA and FELA, there are other federal laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act which can make a difference for a worker's claim by making it easier to show that the railroad company violated workplace standards. These other statutes can 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's important to choose 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 swiftly. If possible, find an attorney who has worked with other clients in your line of work and have already encountered the same problems you face and offer you valuable advice from their experiences.
It is important to note that the FELA does not prohibit contractors from filing lawsuits for injury. Contractors are typically employed by larger railroad companies on a short-term basis or for special projects, but even if they're considered to be employees of the railroad, they may still be held accountable under FELA when they're negligent in their job.
It is also important to carefully complete all forms you are required to complete in the FELA procedure, since they are usually designed by the railroads attorneys or claims department to gather information they can use to weaken a claim. If you're unsure of how to answer the questions on the form, contact your union representative immediately and ask them to explain what alternatives are available to you. It's also important to take photos of any machinery or locations involved in your accident, and keep the track of your expenses as well as the severity and nature of your injuries.
What are my rights?
Many workers worry that filing a FELA claim could sour their relationship with their employer or lead to negative consequences. FELA prohibits employers from retaliating against employees who file a claim for compensation for injuries sustained at work. Contact us if you believe that your employer has violated the FELA.
When you first become injured, it's important to seek medical attention. After you've stabilized, we recommend you contact a FELA attorney with experience. Our lawyers can help you to understand the process and your options. They can also assist in filing your claim.
After you've filed a claim the railroad company will have 30 to 60 days to respond. The court will set a discovery plan so that both parties can exchange evidence. This will include the use of paper discovery (documents and medical records) and witness depositions. Both sides may also file motions to challenge certain evidence.
It is important that you disclose the complete extent of your injuries. This includes future medical expenses and other damages. This will enable our lawyers to fight for the maximum amount you deserve.
The courts will assign a percentage of fault to each party, which will affect the amount you receive. Our lawyers will fight for your rights in court and aren't scared to take you to trial if needed.
You may be able to settle your case prior to trial based on the circumstances surrounding your injury. Our FELA attorneys will help you negotiate with your employer and come to an agreement that is fair.
We will assist you throughout the duration of your FELA claim if you choose to hire us. We will help you file your claim, answer any questions your employer or insurance company might have, and assist in getting the appropriate medical documentation to bolster your claim.
We may even loan you money, without interest during the time your case is in the process of being resolved. This can be very helpful when you're struggling to pay your bills while waiting for your settlement. Contact us for a no-cost consultation on the FELA claims process.
How do I file a claim?
The first step to the process of a successful FELA claim is to engage an experienced attorney. This person can assist you in proving that you qualify and overcome hurdles like the burden of evidence. They can also assist you to file your claim within the 3-year statute of limitations. An experienced attorney can ensure that you have all the documentation necessary for your case. This includes medical documents, incident reports, photographs, and other evidence. Documentation is essential for FELA claims because it helps to prove that your injuries are a result of workplace-related accidents. It can also be helpful in proving that your employer was negligent.
The next step is seeking immediate medical attention for your injuries If you are able to. This is essential for your health and your injury claim. Obtain copies of your medical records to ensure you have the most accurate and complete information regarding your case.
After receiving medical treatment, it is important to inform your employer. You can fill out the an official accident form or tell your supervisor about the incident. It's important to do this as quickly as you can, since the railroad begins collecting statements, photos and other evidence right after you've been injured.
Your lawyer will want to have the information as early on in your claim as possible since memories fade and evidence dwindles with time. It's important to hire an experienced attorney immediately after the accident.
Once your lawyer has all the evidence they require, they'll bring suit against the railroad. The FELA procedure is similar to personal injury lawsuits. Both parties conduct extensive investigations and discuss settlement options. If the parties cannot agree on a settlement, they proceed to a trial in which a jury or judge will decide the case.
If you've been injured working for a railroad, FELA provides an opportunity to recover damages that are above and beyond what you could receive through traditional workers compensation. To know more about the process and what experienced FELA attorneys can do for you, contact Schwartzapfel Lawyers today.
How do I expect my claim to take?
The time frame to file a claim depends on a myriad of factors, including the severity of an injury and if it's possible to resume work. However, a skilled FELA attorney will be able to gather and present the evidence required to secure maximum compensation in federal court. Benefits can be used to cover medical expenses and personal injury costs and lost wages. In the event that a fatal accident occurs, the claim for wrongful deaths can also be filed for family members.
FELA claims account for the unique risks associated with railroad jobs and provide an excellent opportunity to obtain damages that are above and beyond what is offered in workers compensation cases. However, fela lawsuits is complex and requires a skilled lawyer to ensure that all issues are brought to light and resolved. The statute of limitations requires that an action be filed within 3 years from the date of injury.
A judge may usually call for mandatory settlement conferences and mediation after a lawsuit has been filed in an effort to settle the case before trial. If the case does not settle at this point the case will eventually be referred to trial by an individual judge who will decide the amount of damages due to the injured worker.
As we have already mentioned getting all the required medical treatment required for the successful FELA claim is crucial. This is crucial not just for the health of the injured worker, but as well for the success of the claim. If a worker doesn't receive adequate medical treatment and treatment, the business may be capable of arguing that the injuries aren't as severe as claimed and the suit may be dismissed.
Furthermore, it is essential that a person seek legal advice as soon as is possible after suffering an injury. A FELA attorney can help victims navigate the federal court system and file a successful wrongful death or workers compensation claim. Look for attorneys or law firms with experience in FELA cases. Ask about their previous successes and seek referrals from other railroad accident victims, union representatives, or colleagues.