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 could try to limit your claim by denying the extent and nature of your injuries Knowing the nuances of fela claims can help you obtain 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 a set of federal laws that are designed to protect railroad workers It allows injured workers to sue their employers and recover damages including medical expenses, wages lost, pain and suffering and more Unlike workers' comp claims, FELA allows monetary payouts to be determined by juries rather than according to a predetermined benefit schedule in state law This permits workers to receive greater amount of compensation, but it also requires that they present their case Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act, can help a worker's case by making the case that the railroad company violated workplace standards simpler These laws can also help make a claim stronger in the event that the incident occurred outside the three-year statute of limitations that applies to all FELA cases It is crucial to choose an attorney who is that is familiar with the specific field of work, as they'll be able guide you through the process more smoothly and efficiently If possible, find an attorney who has worked with other clients in your line of work and have faced similar problems you face and give you valuable advice based on their experience Another important point to keep in mind is that the FELA does not exclude contractors from making injuries claims Contractors are frequently 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 may still be held accountable under FELA if they're negligent in their work It is also important to carefully complete all forms you are required to complete in the FELA procedure, since they are typically created by railroads' lawyers or claims department to gather information they could use to weaken the claim Contact your union representative immediately if you aren't sure how to answer questions on the form They can explain to you the options available It's also important to take photos of any locations or machinery involved in your accident, as well as keeping the track of your expenses as well as the nature and severity of your injuries What are my rights Many employees worry that filing a FELA claim will taint their relationship with their employer or lead to negative consequences However, FELA explicitly prohibits employers from punishing employees who file a claim for compensation for injuries sustained at work If you believe that your employer has violated FELA do not hesitate to reach us for assistance If you're injured, it is crucial to seek medical attention Once you have stabilized, we recommend you contact an FELA attorney who has expertise Our lawyers can help you to understand the process and your options They can also assist you in submitting your claim When you file a claim with the railroad company, they have 30-60 calendar 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 other documents and depositions of witnesses will be included Both parties can also file motions challenging some of the evidence It is important that you give the complete extent of your injuries This includes future medical costs as well as other damages Our lawyers can obtain the highest amount of compensation The courts will assign a percentage of fault to each party, which could impact your award Our attorneys will defend your rights in court and are not scared to take you to trial if necessary Depending on the circumstances of your injury, you may be in a position to settle your case without going to trial Our FELA attorneys will help you negotiate with your employer to reach an agreement that is fair We will assist you throughout the duration of your FELA claim if you employ us We will assist you in filing your claim, addressing any questions that your employer or insurer might have, and obtaining the necessary medical documentation to prove your claim While your case is in the process of being resolved and we're awaiting your case to be resolved, we can advance you money without interest This could be a huge aid if you're struggling to pay bills while you wait for your settlement Contact us for no-cost consultation regarding the FELA claim process How can I make a claim The first step in the process of a successful FELA claim is to hire an experienced attorney This person can help you prove that you're eligible, while overcoming hurdles such as the burden of proof required They can also help you submit your claim within the three-year period of limitations Additionally, a skilled attorney can ensure that you have the appropriate documentation to support your claim This includes medical records and incident reports, as well as photographs and other evidence Proper documentation is crucial for FELA claims since it can help you demonstrate that your injuries were the result of work-related incidents It could be helpful in proving that your employer was negligent If you can, seek immediate medical attention if you have been injured This is essential for your health and your injury claim Be sure to get copies of all your medical records so you have the most complete and accurate information to support your claim After receiving medical treatment, you must inform your employer You can either fill out official accident forms or inform your supervisor about the incident https//vimeocom/708088574 should complete this as quickly as you can because railroads begin collecting statements, photographs and other evidence immediately after an injury occurs Your lawyer should have the information as early in your claim as possible because memories fade and evidence is lost as time passes It is essential to retain an experienced attorney immediately after the accident If your lawyer has the necessary documentation, they will file an action against the railroad The FELA process is similar to personal injury lawsuits Both sides conduct thorough investigations and discuss settlement options If the parties fail to agree on a settlement, they proceed to a trial where the judge or jury will decide the case If you've suffered an injury while working for the railroad, FELA provides an opportunity to claim damages that go beyond the amount you'd receive from traditional workers compensation To know more about the process and what experienced FELA attorneys can assist you, call Schwartzapfel Lawyers today How do I expect my claim to take The time frame to file a claim depends on a variety of factors, such as the severity of a personal injury and whether it is possible to resume work However, a knowledgeable 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 cover medical costs as well as personal injury expenses and lost wages In the case that a fatal accident occurs, a claim for wrongful death can also be filed for family members FELA claims are a great way to get compensation for railroad employees who face particular dangers They also give you more chance than workers compensation claims to secure additional damages The process is complex and a skilled lawyer is required to ensure that all issues are raised The statute of limitations stipulates that a lawsuit be filed within 3 years from the date of injury When a lawsuit is filed, a judge will typically require mediation and settlement conferences to attempt to settle the matter without trial If the case isn't resolved in these early stages the case will be sent to trial where a judge will determine what damages are due to the employee who was injured As we've previously mentioned, obtaining all the necessary medical treatments for a successful FELA claim is crucial This is vital not just for the health of the injured worker but as well to ensure the success of the case If a worker isn't receiving adequate medical care and treatment, the business may be able to argue that the injuries are not as severe as they are claimed to be and the lawsuit may be dismissed Moreover, it's imperative to seek legal advice as soon as possible after suffering an injury A FELA lawyer can help a victim navigate the entire federal court process, and assist them in filing an effective wrongful death or workers' compensation claim Find lawyers or law firms that have expertise in FELA cases Ask about their past successes and seek referrals from other railroad accident victims, union representatives or colleagues