FELA Claims and How to File Them
FELA claims go beyond the limits on damages that are typically applicable to workers' compensation cases. However, large railroad companies could attempt to reduce your claim by denying the nature and extent of your injuries.
Understanding the complicated fela claims can ensure that you receive a fair amount of compensation. It can make a big difference to seek legal representation from attorneys that specialize in these cases.
What is the FELA?
The FELA is a federal law designed to safeguard railroad employees. It allows injured employees to sue their employers and seek compensation, which includes medical expenses as well as loss of wages as well as pain and suffering and many more. In contrast to claims for workers' compensation, FELA allows monetary payouts to be decided by juries instead of according to a predetermined benefit schedule in state law. This allows employees to receive higher amount of compensation, but it also requires that they present their case.
In addition to FELA, there are other federal laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act that could help a worker's case by making it easier to demonstrate the railroad company did not adhere to workplace standards. Other laws may help strengthen a claim if the incident occurred after the three-year limitation period for FELA claims.
It is crucial to choose a lawyer who is familiar with your particular type of work, as they'll be able to guide you through the process more smoothly and efficiently. Find a lawyer who has worked with clients in your area. They may have experienced similar issues to you and can provide you with valuable advice.
Another key point to remember is that the FELA does not prohibit contractors from filing injury claims. Contractors are frequently used by large rail companies for temporary work or special projects. But although they aren't directly employed by the railroad, FELA can still hold them liable if they are negligent in their duties.
It's also important to carefully complete any forms you have to complete as part of the FELA process, as they're usually designed by the railroad's attorneys or claims department to get information they could use to weaken your claim. Contact your union representative immediately if are unsure of how to respond to questions on the form. They will be able to tell you the options available. You should also take photos of the area or machinery that was involved in your accident, and keep an account of your expenses as well as the nature and severity your injuries.
What are my rights as a citizen?
Many employees worry that filing a FELA claim will taint their relationship with their employer or cause negative consequences. FELA prohibits employers from taking retaliation against employees who seek compensation for work-related injuries. If you believe that your employer has violated FELA Don't hesitate to contact us for help.
As soon as you are injured, it's important to seek medical treatment. Once you're stable we suggest to contact a seasoned FELA attorney. Our lawyers can explain the process and assist you in understanding your options. They can also help you with submitting your claim.
After you make a claim with the railroad company, they have 30 to 60 calendar days in which to respond. The court will set a discovery plan where both parties can share evidence. Paper discovery (documents medical records, documents, etc.) and depositions of witnesses will be taken. Both parties may also file motions disputing certain aspects of the evidence.
It is crucial to provide the complete extent of your injuries. This includes future medical costs and other damages. Our lawyers will be able to get you the maximum amount of compensation.
The courts will assign an amount of fault to each party, which will affect your award. Our lawyers will help you fight to protect your rights in court and we're not willing to go to trial if needed.
You may be able to settle your case before going to trial, based on the circumstances surrounding your injury. Our FELA attorneys will assist you negotiate with your employer and come to an agreement that is fair.
When you hire our company as your legal representatives throughout the duration of your FELA case. We will help you file your claim, address any questions your insurance company may ask, and assist you in obtaining the proper medical documentation to support your claim.
If your case is still pending we are able to advance you money without interest. This can be extremely helpful when you're struggling to pay your bills while waiting for your settlement. Contact us today to receive a free consultation on the FELA claim process.
How do I make a claim?
The first step in the process of a successful FELA claim is to hire a skilled attorney. This person can help you demonstrate that you're eligible while clearing hurdles like the burden of proof required. They can also help you submit your claim within the three-year period of limitations. An experienced attorney can ensure that you have all the documentation necessary to support your claim. This includes medical records and incident reports as well as photographs and other evidence. Documentation is vital for FELA claims, since it allows you to prove that your injuries were caused by incidents at work. It could be helpful in proving that your employer was negligent.
The next step is to seek immediate medical attention for your injuries if possible. This is important not only for your health, but also for your injury claim. Obtain copies of your medical records to ensure you have the most accurate and complete information for your case.
You must inform your employer of your injury after you have received medical treatment. You can do this by making an official accident report or telling your supervisor about the accident. It is crucial to report the incident as quickly as you can, since the railroad starts collecting statements, photographs and other evidence immediately after you've been injured.
Your lawyer should have the information as early on in your claim as is possible since memories fade and evidence is lost as time passes. It is crucial to find an experienced attorney immediately after the accident.
Once your lawyer has the necessary documentation, they will start a lawsuit against the railroad. The FELA process largely mirrors personal injury lawsuits and both sides conducting extensive investigations and discussing settlement options. If the parties aren't able to agree on a settlement, they will go to trial, where jurors or judges will decide on the case.
If you've been injured working for a railroad, FELA provides an opportunity to recover damages that are beyond what you could receive through traditional workers compensation. To know more about the process and what skilled FELA attorneys can assist you, call Schwartzapfel Lawyers today.
How do I expect to take to process my claim?
The timeframe for a claim depends on a variety of variables including the severity of an injury, and whether or not it's possible to return to work. A seasoned FELA lawyer will know how best to gather evidence and present it to secure maximum compensation in federal court. Benefits can be used to cover medical expenses as well as personal injury expenses and lost wages. In the event of a fatal accident a claim for wrongful death can also be filed for family members.
FELA claims are a great way to get compensation for railroad workers who face particular risk. They also offer an advantage over workers compensation claims to secure additional damages. However, the process is complex and requires a skilled lawyer to make sure that all issues are discussed and resolved. A lawsuit must be filed within three years of the date of the injury and the statute of limitations is strictly and strictly enforced.
A judge will usually order mandatory mediation and settlement conferences after an action has been filed to try to settle the matter prior to trial. If the case doesn't settle at this point the case will eventually be heard by an individual judge who will decide the amount of damages due to the injured worker.
As we have already mentioned, obtaining all the necessary medical treatment required for a successful FELA claim is crucial. This is crucial, not only for your health but also for the success of your claim. If a worker isn't getting adequate medical treatment The company might be able to argue that the injuries are not as severe as they are claimed to be and the suit could be dismissed.
It is also important to seek legal advice as soon as you can following an injury. A FELA lawyer can assist 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. Inquire about their past success and request referrals from your colleagues, union representatives or others who have had similar experiences as railroad accidents.