FELA Claims and How to File Them

FELA claims do not have the same restrictions on damages as workers' compensation cases. However, big railroad companies may attempt to limit your claim by questioning the nature and severity of your injuries.

Knowing the nuances of fela claims can help you get fair compensation. It can make a huge difference to seek legal advice from attorneys that specialize in these types of cases.

What is the FELA?

The FELA is an array of federal laws that were created to protect railroad workers. It permits injured workers to sue their employers and seek damages, including medical expenses, lost wages as well as pain and suffering, and more. Contrary to claims for workers' compensation which are not covered by the FELA, the FELA allows for monetary compensation decided by juries rather than according to pre-determined benefits schedules imposed by the law of the state. This allows workers to receive higher payouts, but it also demands that they present their case.

In addition to FELA, there are other federal employers’ liability 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 prove 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 of the three-year statute of limitations, which is applicable to all FELA cases.

It is important to select a lawyer who has prior experience in your area of expertise. They will be able to guide you through the entire process more efficiently and quickly. Find a lawyer who has worked with clients in your field. They might have faced the same problems as you and will be able to provide you with valuable guidance.

Another crucial point to be aware of is that the FELA does not bar contractors from making injury claims. Contractors are typically employed 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 can still be held liable under FELA when they're negligent in their job.

It's also important to carefully complete any forms you're required to fill out as part of the FELA process, since they're typically designed by the railroad's attorneys or claims department to gather information they could use to reduce your claim. Contact your union representative immediately if aren't sure how to answer questions on the form. They can explain to you what options you have. You should also take photos of the area or machinery that was involved in the accident and keep an account of your expenses, as well as the nature and severity of your injuries.

What are my rights?

Many workers are worried that filing a FELA complaint will affect their relationship with their employers or cause them to suffer negative consequences. FELA prohibits employers from retaliating towards employees who seek compensation due to work-related injuries. Contact us if you believe that your employer has violated the FELA.

When you first become injured, it is crucial to seek medical attention. Once you're stable, we recommend to contact a seasoned FELA attorney. Our attorneys can assist you to understand the process and your options. They can also help you with the filing of your claim.

After you've filed a claim the railroad company will have 30 to 60 days to respond. The court will schedule a discovery plan so that both parties will be able to exchange evidence. Paper discovery (documents, medical records and medical records, etc.) and depositions of witnesses will be part of the plan. Both sides can also file motions to contest some of the evidence.

It is essential to determine the full scope 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 give each party a proportion of blame, which could affect your award. Our attorneys will fight for your rights in court and are not afraid to go to trial if needed.

Depending on the circumstances of your injury, you may be able to settle your case without having to go to trial. Our FELA attorneys can help you negotiate with the employer to reach a fair deal.

When you hire our firm as your legal representative for the duration of your FELA case. We will help you file your claim, answer any questions your insurance company might have, and assist in obtaining the proper medical documentation to bolster your claim.

We are able to advance you money, interest free during the time your case is in the process of being resolved. This can be a tremendous aid if you're struggling to pay bills while you wait for your settlement. Contact us for a free consultation on the FELA claims process.

How do I make a claim for compensation?

The first step to the process of a successful FELA claim is to hire a skilled attorney. They can assist you to prove that you're eligible, while clearing hurdles like the burden of proof. They can also assist you to submit your claim within the three-year period of limitations. In addition, a qualified attorney will ensure that you have the appropriate documentation for your case. This includes medical documents, incident reports, photographs, and other evidence. Documentation is crucial for FELA claims as it can help you prove that your injuries were caused by work-related incidents. It could be helpful in showing that your employer was negligent.

The next step is to seek immediate medical attention for your injuries If you are able to. This is crucial not only for your health, but also for your injury claim. In addition, be certain to obtain copies of all your medical records so you have the most complete and accurate information you can get for your case.

After you've received medical treatment, you must report your injury to your employer. You can do this either by filling out an official accident report or notifying your supervisor of the accident. It is crucial to report the incident as soon as you can because the railroad begins collecting statements, photographs and other evidence right after you've been injured.

Your lawyer should know the information as soon as possible in order to start your claim because memories fade and evidence is lost over time. It is essential to retain an experienced attorney as soon as you can after the accident.

Once your lawyer has the necessary documentation, they will bring an action 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 aren't able to reach an agreement, they'll proceed to trial, where a judge or jury will decide on the case.

If you've suffered an injury on the job, FELA can provide you with compensation that is over and above what you'd receive under 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 is dependent 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 know how to gather and present the evidence required to secure maximum compensation in federal court. The benefits may be used to pay for medical expenses as well as personal injury expenses and lost wages. In the event of a fatal accident, a wrongful death claim can also be filed for family members.

FELA claims reflect the unique risks of railroad jobs and offer an excellent opportunity to secure damages that go above and beyond those offered in workers' compensation cases. The process is complicated, and an experienced lawyer is required to ensure that all issues are raised. A lawsuit must be filed within three years from the date of the injury, and the time limit for filing a lawsuit is strictly applied.

When a lawsuit is filed the judge will usually order mandatory mediation and settlement conferences to attempt to settle the matter without trial. If the case isn't resolved at this point, it will go to trial, where a judge will determine the amount of damages due to the injured employee.

As mentioned among the most important aspects of a successful FELA case is making sure that all necessary medical treatment is obtained. This is important not just for your health, but for the success in your claim. If a worker's injuries aren't as serious as they were claimed by the company, they may be able to argue that their injury isn’t as serious as they claim. The suit could be dismissed.

It is also essential to seek legal advice as fast as possible following an injury. A FELA lawyer can assist a victim through the entire federal court process and help them file an effective wrongful death or workers' compensation claim. When looking for an lawyer or law firm, seek out those who specialize in FELA cases and have a proven track of success. Ask about their previous successes and seek recommendations from colleagues, union representatives or others who have had similar experiences as a railroad accident.