FELA Claims and How to File Them
FELA claims do not have the same limitations on damages as workers' compensation cases. However, large railroad companies could attempt to limit your claim by questioning the nature and severity of your injuries.
Understanding the complexities of fela claims can help you secure fair compensation. It can make a huge difference to seek legal representation from lawyers who specialize in these types of cases.
What is the FELA?
The FELA is a set of federal laws designed to protect railroad workers. It allows injured employees to sue their employer and recover damages, including medical expenses as well as loss of wages, pain and suffering, and much more. In contrast to claims for workers' compensation and FELA claims, the FELA allows for monetary payments decided by juries rather than following pre-determined benefits schedules set by the law of the state. This allows workers to receive higher award amounts but also requires that they present their case.
In addition to FELA and FELA, there are other federal laws like the Locomotive Inspection Act and Railroad Safety Appliance Act that can strengthen a worker's case by making it easier to demonstrate the railroad company breached workplace standards. Other laws may help to strengthen a claim when an accident occurred prior to the three-year period of limitation for FELA claims.
It is crucial to choose an attorney who is familiar with your specific field of work, as they will be able to guide you through the process more smoothly and swiftly. If possible, look for a lawyer who works with clients from your field of work because they might have already encountered the same problems you face and provide valuable advice based on their experiences.
Another crucial point to be aware of is that the FELA does not exclude contractors from filing injuries claims. Contractors are often used by larger railroad companies on a short-term basis or for special projects, however, even though they're not considered to be direct employees of the railroad, they may still be held liable under FELA when they're negligent in their job.
It's important to take your time when you complete any forms you're required to fill out as part of the FELA procedure, as they're often designed by the railroad's attorneys or claims department to get 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 the options available. It is also essential to take photos of any equipment or locations that may be involved in your injury and keep the track of your expenses as well as the severity and nature of your injuries.
What are my rights?
Many employees worry that filing a FELA claim could sour their relationship with their employer or cause negative consequences. However, FELA explicitly prohibits employers from punishing employees who file a claim for compensation for injuries sustained at work. Contact us if you believe your employer has violated the FELA.
When you first become injured, it is important to seek medical treatment. Once you've recovered it is recommended that you consult an FELA attorney who has expertise. Our lawyers can help you understand the process and help you understand your options. They can also help you with the filing of your claim.
If fela railroad accident lawyer submit a claim to the railroad company, they have 30 to 60 calendar days to respond. The court will schedule a discovery plan where both parties can exchange evidence. This will include documents for discovery (documents and medical records) and witness depositions. Both parties can also file motions disputing some of the evidence.
It is crucial to understand the full extent of your injuries, including future medical needs and other damages. This will enable our lawyers to ensure that you receive the maximum amount you're entitled to.
The courts will assign a percentage of the fault to each party, which could affect the amount you receive. Our attorneys will fight for your rights in court and aren't unwilling to go to trial if needed.
Depending on the circumstances surrounding your injury, you might be capable of settling your case without having to go to trial. Our FELA attorneys will assist you negotiate with your employer and reach an agreement that is fair.
We will be your advocate throughout the duration of your FELA claim if you choose to hire us. We will assist you in filing your claim, addressing any questions your insurance company or employer may have, and obtaining the necessary medical documents to prove your claim.
We are able to advance you money, with no interest, while your case is still pending. This can be a tremendous aid if you're struggling to pay bills while you wait for your settlement. Contact us for no-cost consultation regarding the FELA claim process.
How do I file a claim for compensation?
Employing a competent attorney is the first step in success in a FELA case. This person can help you prove that you're eligible, while overcoming hurdles such as the burden of proof. They can also aid you in submitting your claim within the three-year period of limitation. An experienced attorney can ensure that you have all the documents required for your case. This includes medical records, incident reports, photographs and other evidence. Proper documentation is crucial for FELA claims since it can help to establish that your injuries are a result of workplace-related accidents. It can also be useful for demonstrating that your employer was negligent.
If you can, seek immediate medical attention if been injured. This is crucial not only for your health, but also for your injury claim. In addition, be sure to obtain copies of all your medical records to ensure you have the most comprehensive and accurate information for your case.
After receiving medical treatment, you need to notify your employer. You can fill out the official accident forms or inform your supervisor of the incident. It is crucial to report the incident as quickly as you can, since the railroad starts collecting statements, photographs and other evidence right after you've been injured.
Your lawyer must be aware of the information as quickly as possible to begin your claim, since memories fade and evidence disappears over time. This is why it's important to find a reputable attorney right away after your injury.
Once your lawyer has all the documentation they need, they will make a claim 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 a settlement, they will proceed to trial, where a judge or jury will decide on the case.
If you've been injured on the job, FELA can provide you with compensation that is more than what you would get under traditional workers' compensation. Schwartzapfel Lawyers can help you to learn more about the FELA procedure and the expertise of FELA lawyers can do to help your case.
How long will it take to take to process my claim?
The duration of a claim depends on a variety of variables, including the severity of the injury, and whether or not it's possible to return to work. However, a knowledgeable FELA lawyer will be able to gather and present the evidence required to obtain maximum compensation in federal court. Benefits can be used to cover medical costs and personal injury costs and lost wages. In the case of a fatal accident a wrongful death claim may also be filed on behalf of family members.
FELA claims account for the unique risks of railroad jobs and offer an excellent opportunity to claim damages that are above and beyond the ones that are available in workers' compensation cases. The process is not easy and a skilled attorney is needed to ensure that all issues are raised. The statute of limitations demands that a lawsuit be filed within 3 years of the date of injury.
A judge may usually call for mandatory settlement conferences and mediation after the filing of a lawsuit in order to settle the case prior to trial. If the case doesn't settle at this point the case will eventually be taken to trial by the judge who will decide the damages due to the injured worker.
As we've already discussed getting all the required medical treatment for the successful FELA claim is essential. This is vital not just for your health but also for the success of your claim. If the injuries sustained by a worker aren't as serious as they were claimed by the company, they might be able to argue that their injury isn't as severe as claimed. The suit could be denied.
Moreover, it's imperative that a person seek legal advice as soon as possible following an injury. A FELA lawyer can guide a victim through the entire federal court process, and help them file an effective wrongful death claim or workers compensation claim. When seeking an attorney or law firm, look for those that specialize in FELA cases and have a proven track record. Find out about their past success and request referrals from colleagues, union representatives or others who have had similar experiences an accident on the railroad.