FELA Claims and How to File Them

FELA claims go beyond the limits on damages that are typically applicable to workers' comp cases. However, railroad companies will try to minimize your claim if they question your injuries and their extent.

Understanding the intricacies of fela claims can help you secure fair compensation. Legal representation from lawyers who specialize in these types of cases can make a huge difference.

What is the FELA?

The FELA is an array of federal laws designed to protect railroad workers. It allows injured employees to sue their employer and seek compensation, which includes medical expenses, loss of wages, pain and suffering, and much more. Unlike workers' compensation claims, the FELA allows for monetary payouts decided by juries rather than following pre-determined benefit schedules imposed by the law of the state. This permits workers to receive higher amount of compensation, but it also requires that they prove their case.

In addition to FELA, there are other federal laws like the Locomotive Inspection Act and Railroad Safety Appliance Act that could make a difference for a worker's claim by making it easier to demonstrate the railroad company did not adhere to workplace standards. Other laws may help to strengthen a claim when the incident occurred after the three-year limitation period for FELA claims.

It is essential to choose an attorney who has experience in your area of expertise. They can guide you through the entire process more efficiently and quickly. If possible, find an attorney who has worked with other clients in your line of work and have experienced the same problems you face and can offer you valuable advice from their experience.

Another key point to remember is that the FELA does not prohibit contractors from making injury claims. Contractors are frequently employed by large rail companies for temporary projects or for special projects. But, even though they aren't directly employees of the railroad, FELA can still hold them liable if they are negligent in their work.

It's also important to carefully fill out any forms that you have to complete as part of the FELA process, as they're typically created by the railroad's lawyers or claims department to gather information that they could use to reduce your claim. If you're unsure of what to do to answer questions on the form, contact your union representative right away and have them explain what options are available to you. It is also essential to take photos of any machinery or locations involved in your accident, as well as to keep an eye on your expenses and 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 lead to negative consequences. FELA prohibits employers from retaliating against employees who seek compensation for injuries sustained at work. If you believe your employer has violated FELA do not hesitate to contact us for assistance.

After you have been injured, your primary priority is to seek medical assistance as soon as you can. When you are stabilized, we recommend to contact a seasoned FELA attorney. Our attorneys can help you learn more about the process and options. They can also help you file your claim.

After you make a claim with the railroad company, they will have 30 to 60 calendar days to respond. The court will then set a discovery plan, where both parties will exchange evidence. This could include the use of paper discovery (documents and medical records) and witness depositions. Both parties can also file motions disputing certain aspects of the evidence.

It is crucial to provide the full extent of your injury. This includes future medical expenses and other damages. Our lawyers can ensure you receive the maximum amount of compensation.

The courts will assign each party a proportion of the blame, which may affect your award. Our lawyers will assist you fight for your rights in court and we're not unwilling to take a case to trial when necessary.

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

We will represent you 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 insurer or employer might have, and obtaining the necessary medical documents to back your claim.

If your case is still pending and we're awaiting your case to be resolved, we can provide you with money without interest. This is a great option if you are struggling to pay your bills while waiting for your settlement. Contact us today to receive an initial consultation for free on the FELA claim process.

How do I file a claim for compensation?

Finding a reputable attorney is the first step to a successful FELA case. The attorney can help you prove that you qualify and overcome obstacles like the burden of proof. They can also assist in submitting your claim within the 3 year time limit. In addition, a qualified attorney can make sure that you have appropriate documentation for your case. This includes medical records, incident reports, photographs and other evidence. Documentation is crucial for FELA claims, as it can help you prove that your injuries were the result of incidents at work. It can be useful 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 for your injury claim. Request copies of your medical records to ensure you have complete and accurate information regarding your case.

After receiving medical treatment, it is important to notify your employer. You can either fill out an official accident form or inform your supervisor about the incident. It is crucial to report the incident as quickly as you can, since the railroad begins collecting statements, photos and other evidence immediately after you've been injured.

Your lawyer should have the information as soon as possible in order to start your claim because memories fade and evidence is lost as time passes. This is why it's crucial to get a skilled attorney right away after your injury.

If your lawyer has the required documentation they will file an action against the railroad. The FELA process is similar to personal injury lawsuits. Both parties conduct extensive investigations and discuss settlement options. If the parties fail to reach a settlement they will go to trial, where jurors or judges decide the case.

If you have suffered an injury on the job, FELA can provide you with compensation that is more than what you would receive under traditional workers' compensation. To find out more about this procedure and what experienced FELA attorneys can assist you, call Schwartzapfel Lawyers today.

How is the time it will take to take to process my claim?

The time frame to file an action is contingent on a variety of factors, such as the severity of a personal injury and if it's feasible to return to work. However, a skilled FELA lawyer will know how to gather and present the evidence needed to get the maximum amount of compensation in federal court. Benefits can be used to pay for medical costs and personal injury costs and lost wages. In the event of an accident which results in the death of a loved one, the family can make a claim for wrongful death.

FELA claims are a great way to get compensation for railroad workers who face unique dangers. They also provide more chance than workers' compensation claims to secure additional damages. However, the process is complex and requires an experienced lawyer to ensure that all issues are brought to light and addressed. A lawsuit must be filed within three years from the date of injury and the time limit for filing a lawsuit is strictly applied.

A judge may usually call for mandatory mediation and settlement conferences after an action has been filed in an effort to settle the case before trial. If the case doesn't settle at this point the case will be sent to trial where the judge will determine the amount of damages due to the employee who was injured.

As mentioned, one of the most important elements of the success of a FELA claim is to ensure that all medical treatment is obtained. This is important, not only for your health, but for the success in your claim. If the injuries sustained by a worker aren't as severe as the ones claimed by the company, they might be able to argue that the injury isn’t as serious as they claim. The lawsuit could be denied.

It is also essential to seek legal advice as fast as you can following an injury. A FELA lawyer can guide a victim through the entire federal court process and assist them in filing a successful wrongful death or workers compensation claim. Find attorneys or law firms that have experience in FELA cases. Ask about their past successes and ask for suggestions from other railroad accident victims, union representatives, or colleagues.