FELA Claims and How to File Them FELA claims are able to bypass the limitations on damages that typically apply to workers' comp cases However, railroad companies will attempt to limit your claim if they question your injuries and their extent Understanding the complex https//vimeocom/708087243 can ensure that you receive a fair amount of compensation Legal representation from lawyers who specialize in these types of cases can make all the difference What is the FELA The FELA is a federal law designed to protect railroad employees It allows injured employees to sue their employers and seek compensation, which includes medical expenses and lost wages, pain and suffering, and many more Contrary to claims for workers' compensation which are not covered by the FELA, the FELA allows for monetary payments that are decided by juries, rather than according to pre-determined benefits schedules imposed by the law of the state This enables workers to receive more substantial amounts of money, but it also requires a higher burden of evidence for an employee to win a case Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act could help a worker's case by making proving that the railroad company was in violation of workplace standards simpler These other laws can aid in making a claim stronger in the event that the incident occurred outside the three-year statute of limitations that applies to all FELA cases It's important to choose a lawyer who is familiar with your particular kind of work, since they'll be able to guide you through the process more smoothly and swiftly If possible, look for a lawyer who is familiar 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 prohibit contractors from filing injuries claims Contractors are typically employed by larger railroad companies on a short-term basis or for special projects, but even if they're considered as direct employees of the railroad, they may still be held liable under FELA if they're negligent in their job It's also important to carefully fill out any forms that you're required to fill out as part of the FELA procedure, as they're usually designed by the railroad's lawyers or claims department to gather information they can use to weaken your claim If you're unsure of how to answer the questions on the form, you should contact your union representative immediately and ask them to explain what alternatives are available to you It's also important to take photos of any locations or machinery involved in your accident, as well as to keep track of your expenses and the severity and nature of your injuries What are my rights Many workers are concerned that filing a FELA claim will strain their relationship with their employer or cause negative consequences FELA prevents employers from retaliating towards employees who seek compensation for work-related injuries If you think your employer has violated FELA do not hesitate to reach us for help After you've suffered an injury, your first priority is to seek medical treatment as soon as you can Once you have stabilized it is recommended that you consult an FELA attorney who has expertise Our attorneys can assist you learn more about the process and options They can also assist you to file your claim After you have filed an action, the railroad company will have 30-60 days to respond The court will then schedule a discovery plan where both parties will be able to exchange evidence Paper discovery documents, medical records, etc and depositions of witnesses will be part of the plan Both parties can also file motions to contest some of the evidence It is important that you provide the full extent of your injury This includes future medical costs and other damages This will allow our lawyers to fight for the maximum amount you're entitled to The courts will give each party a percentage of the blame, which can impact the amount you receive Our lawyers will help you defend your rights in court and we're not willing to go to trial when necessary You may be able settle your case prior to trial based on the circumstances surrounding your injury Our FELA attorneys can help you negotiate with your employer to reach a fair agreement When you hire our firm as your legal representatives throughout the duration of your FELA case We will assist you with filing your claim, answer any questions your employer or insurance company might have, and assist in getting the appropriate medical documentation to support your claim If your case is still pending, we can loan you money with no interest This can be a tremendous assistance if you're struggling 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 The first step to a successful FELA claim is to hire an experienced attorney This person can help you prove that you are eligible and in overcoming obstacles such as the burden of proof They can also help you submit your claim within the 3-year statute of limitations Additionally, a skilled attorney can make sure that you have proper documentation for your case This includes medical records, incident reports, as along with photographs and other evidence Documentation is essential for FELA claims as it helps you prove your injuries were the result of work-related incidents It can also be useful to prove that your employer was negligent The next step is seeking immediate medical treatment 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 that you have accurate and comprehensive details for your case You must inform your employer of your injury after you have received medical treatment This can be done by filing an official accident report, or by telling your supervisor about the incident It is important to do this as quickly as you can because railroads begin collecting statements, photos and other evidence as soon as an injury occurs Your lawyer must have the information as soon as possible to begin your claim since memories fade and evidence is lost as time passes It's important to hire an experienced attorney as soon as possible after the accident When your lawyer has all the evidence they require, they'll bring suit against the railroad The FELA procedure is largely similar to personal injury lawsuits, with both sides conducting extensive investigations and discussing settlement options If the parties are unable to reach a settlement, they will go to trial, where the judge or jury will decide the case If you have been injured on the job, FELA can provide you with damages that are over and above what you would receive under traditional workers' compensation To find out more about this procedure and what skilled FELA attorneys can assist you, call Schwartzapfel Lawyers today How is the time it will take to take to process my claim The timeframe to file an action is contingent on many factors, including the severity of an injury and whether it's possible to return to work A knowledgeable FELA lawyer will know how best to gather and present evidence to get the maximum amount of compensation in federal court Benefits can be used to pay for medical costs, personal injury costs, and lost wages In the case of an accident that causes the death of a loved one, the family can make an action for wrongful death FELA claims are a great method of obtaining compensation for railroad workers who face particular dangers They also provide more chance than workers' compensation claims to secure additional damages However the process is complicated and requires a skilled lawyer to ensure that all issues are raised and resolved The statute of limitations demands that the lawsuit be filed within three years of the date of injury When a lawsuit is filed the judge will usually ordain mandatory mediation and settlement conferences in an attempt to settle the case without going to trial If the case doesn't settle at this point the case will be sent to trial, where a judge will determine what damages are due to the employee who has been injured As we've already discussed getting all the required medical treatment required for a successful FELA claim is essential This is vital not just for the health of the injured worker but also for the success of the claim If the injuries sustained by a worker aren't as serious as they were claimed by the company, they could be able argue that the injury isn't as serious as they claim The lawsuit could be denied Furthermore, it is essential that one seek legal advice as soon as possible following 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 If you are looking for 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 suggestions from other railroad accident victims, union representatives, or colleagues