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 may try to limit your claim by questioning the nature and severity of your injuries.
Understanding the intricacies of fela claims can help you get fair compensation. Legal representation from lawyers who specialize in fela claims can make a huge difference.
What is the FELA?
The FELA is an act of the federal government to protect railroad workers. It permits injured workers to sue their employer and recover damages, such as medical expenses and lost wages as well as pain and suffering and much more. Contrary to claims for workers' compensation, the FELA allows for monetary payouts that are decided by juries, rather than according to pre-determined benefits schedules imposed by the law of the state. This allows employees to receive significantly higher award amounts, but it also requires a higher burden of proof to prevail in a case.
Other
federal employers laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act could help a worker's case by making the process of proving that a railroad company violated workplace standards simpler. These laws can also aid in making a claim stronger in the event that the accident occurred outside of the three-year period of limitations, which applies to all FELA cases.
It's important to choose an attorney who is who is familiar with your particular type of work, as they'll be able to guide you through the process more smoothly and swiftly. Find a lawyer who has worked with clients in your field. They may have experienced the same issues as you and can provide you with valuable guidance.
It is important to note that the FELA does not prohibit contractors from filing injury lawsuits. 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 can still be held liable under FELA when they're negligent in their job.
It's also important to carefully fill out any forms that you have to complete as part of the FELA procedure, as they're usually designed by the railroad's lawyers or claims department to gather information that they can use to reduce your claim. Contact your union representative immediately if aren't sure how to answer questions on the form. They'll be able to explain to you the options available to you. Also, take pictures of the place or equipment that was involved in the accident, and keep an account of the expenses you incurred as well as the nature and severity your injuries.
What are my rights?
Many employees worry that filing a FELA claim will taint their relationship with their employer or cause negative consequences. FELA prevents employers from retaliating against employees who file a claim for compensation due to work-related injuries. If you believe your employer has violated FELA Don't hesitate to reach us for assistance.
If you've suffered an injury, your first priority should be to seek medical attention as soon as possible. When you are stabilized, we recommend that you consult with a knowledgeable FELA attorney. Our lawyers can explain the procedure and assist you in understanding your options. They can also assist you in submitting your claim.
Once you have filed a claim, the railroad company will have 30-60 days to respond. The court will then arrange a discovery plan in which both parties will share evidence. Paper discovery (documents such as medical records, documents, etc.) and depositions of witnesses will be taken. Both sides may also file motions to dispute certain aspects of the evidence.
It is important to get the full scope of your injury, including future medical needs 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 assist you defend your rights in court and we are not willing to go to trial when necessary.
Based on the circumstances of your injury, you might be able to settle your case without having to go to trial. Our FELA lawyers will assist you to negotiate with your employer and reach an agreement that is fair.
When you hire our company as your legal representatives for the duration of your FELA case. We will assist you with filing your claim, address any questions your insurance company may ask, and assist you in getting the appropriate medical documentation to support your claim.
We may even loan you money, without interest, while your case is pending. This could be a huge assistance if you're struggling pay your bills while waiting for your settlement. Contact us for a no-cost consultation about the FELA claims process.
How do I make an action for compensation?
The first step to a successful FELA claim is to hire a skilled attorney. This person can assist you in proving you are eligible and in overcoming obstacles such as the burden of evidence. They can also assist you in determining whether you are eligible to file your claim within the 3-year statute of limitations. Additionally, a skilled attorney can ensure that you have necessary evidence for your case. This includes medical records, incident reports photographs, and other evidence. Proper documentation is important for FELA claims as it helps to prove that your injuries were the result of work-related incidents. It can be useful in proving that your employer was negligent.
If possible, seek immediate medical attention if you've been injured. This is important for both your health and for your injury claim. Get copies of your medical records to ensure that you have the most accurate and complete information for your case.
You must inform your employer of your injuries after you have received medical treatment. You can either fill out official accident forms or inform your supervisor of the incident. It is important to do this as quickly as possible because the railroad begins collecting statements, photos and other evidence as soon as an injury occurs.
Your lawyer will want to have the information as early in your case as you can because memories fade and evidence disappears with time. It's important to hire an experienced lawyer as soon as you can after your injury.
Once your lawyer has all the documents they need, they will bring suit against the railroad. The FELA process largely mirrors personal injury lawsuits in that both sides conduct extensive investigations and discussing settlement options. If the parties cannot agree on a settlement, they will proceed to trial, where the jury or judge will rule on the case.
If you've suffered an injury while working for the railroad, FELA provides an opportunity to claim damages that go beyond what you could receive through traditional workers' compensation. To learn more about this process and what experienced FELA attorneys can help you, contact Schwartzapfel Lawyers today.
How do I expect to take to process my claim?
The duration of a claim depends on a variety of variables such as the severity of an injury, and whether or not it is possible to return to work. However, a knowledgeable FELA attorney will know how to gather and present the evidence required to secure maximum compensation in federal court. Benefits can be used to pay for medical expenses, personal injury costs, and lost wages. In the event of a fatal accident the claim for wrongful deaths can also be filed for family members.
FELA claims are a great way to get compensation for railroad workers who face unique risks. They also give you more chance than workers compensation claims to secure additional damages.