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FELA Claims and How to File Them FELA claims are able to bypass the limitations on damages which are usually applicable to workers' compensation cases. However, the railroad companies may try to limit your claim if they doubt your injuries and their extent. Understanding the complicated fela claims can ensure that you receive a fair amount of compensation. Getting legal advice from lawyers who specialize in these types of cases can make a huge difference. What is the FELA? The FELA is a federal law that was created to protect railroad employees. It permits injured workers to sue their employer and seek compensation, which includes medical expenses and lost wages as well as pain and suffering and much more. Unlike workers' compensation claims which are not covered by the FELA, the FELA allows for monetary payments determined by juries instead of according to pre-determined benefits schedules imposed by the law of the state. This allows employees to receive higher amount of compensation, but it also requires that they prove 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 show the railroad company did not adhere to workplace standards. These other laws can help make a claim stronger in the event that the accident occurred outside of the three-year period of limitations that applies to all FELA cases. It is essential to select 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 quickly. If possible, look for a lawyer who works with other clients in your field of work and have faced similar problems you face and give you valuable advice based on their experiences. Another important point to keep in mind is that the FELA does not prohibit contractors from making injury claims. Contractors are often employed by large rail companies to perform temporary work or for special projects. But although they are not considered directly employees of the railroad, FELA can still hold them liable if they are negligent in their job. It is also important to carefully complete all forms that you're required to fill in during the FELA procedure, as they are typically created by railroads' lawyers or claims department in order to gather information that they can use to weaken the claim. If you're not sure what to do to answer questions on the form, contact your union representative as soon as possible and ask them to explain the alternatives are available to you. It's also important to take photographs of any equipment or locations involved in your accident, as well as keeping an eye on your expenses and the nature and severity of your injuries. What are my rights as a citizen? Many workers worry that filing a FELA claim could sour their relationship with their employer or lead to negative consequences. However, FELA explicitly prohibits employers from punishing employees who seek compensation for injuries sustained at work. Contact us if you believe that your employer has violated the FELA. After you have been injured, your first priority should be seeking medical treatment as soon as you can. Once you have stabilized it is recommended that you consult a FELA attorney who has experience. Our attorneys can help you learn more about the process and options. They can also assist you to file your claim. After you have filed a claim the railroad company will have 30-60 days to respond. The court will then schedule an investigation plan in which both parties can exchange evidence. fela law firm will include the use of paper discovery (documents and medical records) and witness depositions. Both parties may also file motions challenging certain aspects of the evidence. It is crucial to give the full extent of your injury. This includes future medical costs and other damages. This will enable our lawyers to ensure that you receive the maximum amount you deserve. The courts will assign a percentage of fault to each party, which will affect your award. Our lawyers will assist you fight for your rights in court and we are not afraid to take a case to trial if needed. Based on the circumstances of your injury, you might be capable of settling your case without having to go to trial. Our FELA lawyers can assist you to negotiate with your employer to reach a fair settlement. We will be your advocate throughout the duration of your FELA claim if you hire us. We will assist you with filing your claim, answer any questions your employer or insurance company might have, and assist with getting the appropriate medical documentation to support your claim. We are able to advance you money, with no interest in the event that your case is pending. This can be extremely helpful if you are trying to pay your bills while waiting for your settlement. Contact us for a free consultation on the FELA claims process. How can I file a claim? Finding a reputable attorney is the first step to an effective FELA case. The attorney can help you prove that you're eligible, while clearing hurdles like the required burden of proof. They can also assist you in submitting your claim within the 3 year statute of limitation. In addition, a qualified lawyer can ensure that you have proper documentation for your case. This includes medical records, incident reports as along with photographs and other evidence. Documentation is crucial for FELA claims as it can help you prove that your injuries were the result of workplace-related accidents. It is also helpful for demonstrating that your employer was negligent. If possible, seek urgent medical attention if been injured. This is essential for your health and your injury claim. Get copies of your medical records to ensure you have complete and accurate information for your case. You must inform your employer of your injuries after you have received medical treatment. You can do this by making an official accident report, or by notifying your supervisor of the accident. You should do this as quickly as possible because railroads begin collecting statements, photos and other evidence as soon as an injury occurs. Your lawyer must know the information as soon as possible to begin your claim as memories fade and evidence is lost over time. It's important to hire an experienced attorney as soon as you can after your injury. When your lawyer has all the required documents and documentation, they can bring a lawsuit against the railroad. The FELA process is similar to personal injury lawsuits and both sides conducting thorough investigations and discussing settlement options. If the parties cannot agree on a settlement, they proceed to a trial where 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 over and above what you would receive through traditional workers' compensation. To learn more about this process and the services experienced FELA attorneys can assist you, call Schwartzapfel Lawyers today. How do I expect my claim to take? The timeframe for a claim is contingent on a variety of factors including the severity of an injury, as well as whether or not it is possible to return to work. A seasoned FELA lawyer will know how best to gather evidence and present it to ensure maximum compensation at federal court. The benefits can be used to pay for medical expenses, personal injury costs and lost wages. In the event of an accident which results in death, the family members may bring an action for wrongful death. FELA claims reflect the unique risks associated with railroad jobs and offer an excellent opportunity to obtain damages that are above and beyond the ones available in workers' compensation cases. However, the process is complex and requires an experienced lawyer to ensure that all issues are discussed and resolved. The statute of limitations stipulates that an action be filed within 3 years from the date of injury. After the lawsuit is filed the judge will usually require mediation and settlement conferences to attempt to settle the matter without trial. If the case doesn't settle at this stage the case will eventually be taken to trial by a judge who will determine the amount of damages owed to the injured worker. As mentioned as one of the most important aspects of the success of a FELA claim is to ensure that all medical treatment is provided. This is vital not just 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 aren't as severe as they are claimed to be, and the suit may be dismissed. It is also important to seek legal advice as soon as possible following an injury. A FELA lawyer can assist a victim through the entire federal court process, and help them file an effective wrongful death or workers compensation claim. Look for attorneys or law firms with expertise in FELA cases. Ask about their previous successes and ask for referrals from other railroad accident victims, union representatives or colleagues.