FELA Claims and How to File Them
FELA claims don't have the same limitations on damages as workers' compensation cases. However, the railroad companies may try to minimize your claim if they doubt your injuries and their extent.
Understanding the intricacies of fela claims can help you obtain fair compensation. It can make a big difference to get legal representation from attorneys that specialize in these types of cases.
What is the FELA?
The FELA is a federal law that was created to safeguard railroad employees. It permits injured workers to sue their employers and recover damages that include medical expenses, wages lost as well as pain and suffering, and more. In contrast to claims for workers' compensation which are not covered by the FELA, the FELA allows for monetary compensation that are decided by juries, rather than following pre-determined benefits schedules imposed by the law of the state. This allows employees to receive significantly higher award amounts, but it also imposes a higher burden of proof to prevail in a case.
Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act which can aid a worker's claim by making the case that the railroad company was in violation of workplace standards easier. Other laws may aid in proving a claim if an accident occurred prior to the three-year limitation period for FELA claims.
It is essential to choose an attorney with prior experience in your area of expertise. They will be able guide you through the entire procedure more efficiently and swiftly. Find a lawyer who has worked with clients in your field. They may have encountered similar issues to you and will be able to provide you with valuable guidance.
It is important to note that the FELA does not bar contractors from filing lawsuits for injury. Contractors are frequently employed by large rail companies to perform temporary projects or for special projects. But, even though they aren't directly employed by the railroad, FELA can still hold them accountable if they're negligent in their work.
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 typically designed by the railroad's attorneys or claims department to get information they can use to reduce your claim. Contact your union representative right away if you are unsure of how to respond to questions on the form. They will be able to tell you what options you have. Also, you should take photographs of the area or machinery involved in your accident and keep track of all your expenses, as well as the severity and nature of your injuries.
What are my rights as an American citizen?
Many employees worry that filing a FELA claim will strain their relationship with their employer or cause negative consequences. FELA prevents employers from retaliating against employees who seek compensation for injuries sustained at work. If you think your employer has violated FELA, don't hesitate to reach us for assistance.
If you've been injured, your first priority is to seek medical assistance as soon as you can. Once you've recovered it is recommended that you consult an FELA attorney who has experience. Our lawyers can explain the procedure and help you understand your options. They can also assist in filing your claim.
After you've filed an action, the railroad company will have 30-60 days to respond. The court will schedule a discovery plan so that both parties can exchange evidence. This will include documents for discovery (documents and medical records) and witness depositions. Both sides may also file motions to challenge certain aspects of the evidence.
It is essential to determine the full extent of your injuries, including future medical requirements and other damages. Our lawyers will be able to get you the maximum amount of compensation.
The courts will assign a percentage of the fault to each party, which can affect your award. Our lawyers will fight for your rights in court and aren't afraid to go to trial if needed.
Depending on the circumstances surrounding your injury, you may be able to settle your case without going to trial. Our FELA attorneys will help 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 employ us. We will assist you with filing your claim, answering any questions that your insurer or employer might have, and obtaining the necessary medical evidence to prove your claim.
While your case is pending, we can provide you with money without interest. This could be a huge assistance if you're struggling pay bills while you wait for your settlement. Contact us today to receive a free consultation on the FELA claim process.
How do I make an application for compensation?
Finding a reputable attorney is the first step towards success in a FELA case. The attorney can help you prove that you are eligible and in overcoming obstacles like the burden of proof. They can also aid you in submitting your claim within the three-year statute of limitation. Additionally, a skilled attorney will ensure that you have the proper documentation to support your claim. This includes medical records, incident reports, photographs and other evidence. Documentation is crucial for FELA claims, as it helps you prove your injuries were caused by incidents at work. It could be helpful in proving that your employer was negligent.
The next step is seeking immediate medical attention for your injuries if possible. This is important not only for your health, but also for your injury claim. In addition, be sure to get copies of all your medical records to ensure you have the most comprehensive and accurate information for your situation.
After you've received medical treatment, you need to inform your employer. This can be done by filling out an official accident report or telling your supervisor about the incident. It's crucial to get this done as quickly as you can, since the railroad starts gathering statements, photos and other evidence right after you've suffered injuries.
Your lawyer should have the information as soon as possible in order to begin your claim, because memories fade and evidence disappears as time passes. This is why it's so crucial to get a skilled lawyer as soon as you've had an accident.
If your lawyer has the required documentation they will start a lawsuit against the railroad. The FELA process is similar to personal injury lawsuits, with both sides conducting extensive investigations and discussing settlement options. If the parties are unable to agree on a settlement, they proceed to a trial in which jurors or judges decide the case.
If you've been injured while working for a railroad, FELA provides an opportunity to secure damages that go beyond what you could receive through traditional workers compensation. Schwartzapfel Lawyers can help you to learn more about the FELA process and what experienced FELA lawyers can do for your case.
How is the time it will take to complete my claim?
The time frame for filing a claim is dependent on many aspects, such as the severity of an injury and if it's feasible to return to work. However, a knowledgeable FELA lawyer will know how to gather and present the evidence needed to obtain maximum compensation in federal court. The benefits can be used to pay for medical expenses, personal injury costs and lost wages. In fela lawsuits of an accident that causes the death of a loved one, the family can file claims for wrongful deaths.
FELA claims are a reflection of the unique risks associated with railroad jobs and provide an excellent opportunity to obtain damages that are above and beyond those available in workers' compensation cases. The process is not easy, and an experienced attorney is needed to ensure that all issues are addressed. The statute of limitations stipulates that the lawsuit be filed within 3 years from the date of injury.
A judge will usually order mandatory settlement conferences and mediation after an action has been filed in order to settle the matter prior to trial. If the case doesn't settle in these early stages it will be subject to trial where the judge will determine what damages are due to the injured employee.
As we've previously mentioned that obtaining all the required medical treatments for the successful FELA claim is crucial. This is crucial, not only for the health of the injured worker but also to ensure the success of the case. If the injuries suffered by a worker aren't as serious as they were claimed by the company, they could be able to argue that the injury isn't as severe as they claim. The suit may be dismissed.
It is also essential to seek legal advice as quickly 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. When seeking an lawyer or law firm, look for those that specialize in FELA cases and have a track of success. Ask about their past success and request recommendations from other railroad accident victims, union representatives, or colleagues.