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FELA Claims and How to File Them FELA claims don't have the same restrictions on damages as workers' compensation claims. However, big railroad companies could attempt to minimize your claim by denying the nature and severity of your injuries. Knowing the nuances of fela claims can help you obtain fair compensation. It can make a significant difference to get legal representation by lawyers who specialize in these cases. What is the FELA? The FELA is a set of federal laws designed to protect railroad workers. It permits injured workers to sue their employers and recover damages including medical expenses, wages lost, pain and suffering and much more. Contrary to claims for workers' compensation, FELA allows monetary payouts to be determined by juries, rather than following predetermined benefit schedules in state law. This enables workers to receive much larger amounts in awards, however it also requires a greater burden of proof for an employee to prevail in a case. In addition to FELA, there are other federal laws, such as the Locomotive Inspection Act and Railroad Safety Appliance Act which can help a worker's case by making it easier to show the railroad company did not adhere to workplace standards. These laws can also aid in making a claim stronger in the event that an accident occurred outside the three-year statute of limitations, which applies to all FELA cases. It is crucial to select an attorney with experience in your field of work. They will be able guide you through the entire process more efficiently and quickly. If possible, look for an attorney who has worked with clients from your line of work, as they may have experienced the same problems you face and give you valuable advice based on their experiences. Another key point to remember is that the FELA does not bar contractors from filing injury claims. Contractors are typically employed by larger railroad companies on a short-term basis or for special projects, but even though they're not considered to be direct employees of the railroad, they may still be held liable under FELA if they're negligent in their work. It's also essential to be careful when you complete any forms you have to complete as part of the FELA procedure, as they're typically designed by the railroad's lawyers or claims department to get information they can use to weaken your claim. Contact your union representative right away if you are unsure how to answer questions on the form. They'll be able to explain to you the options available to you. Also, you should take photographs of the location or machinery that was involved in the accident, and keep an account of the expenses you incurred as well as the severity and nature of your injuries. What are my rights? Many workers are worried that filing a FELA complaint could adversely affect their relationship with their employers or cause them to suffer negative consequences. However, FELA explicitly prohibits employers from retaliating against employees who seek compensation for injuries sustained at work. If you believe your employer has violated FELA, don't be afraid to contact us for help. As soon as you are injured, it is crucial to seek medical attention. Once you're stable, we recommend to contact a seasoned FELA attorney. Our attorneys can explain the procedure and help you understand the options available to you. They can also assist you to file your claim. When you file a claim with the railroad company, they will have 30-60 calendar days to respond. The court will then set a discovery plan, where both parties will exchange evidence. Paper discovery (documents, medical records, etc.) and depositions of witnesses will be taken. Both sides may also file motions to contest certain aspects of the evidence. It is important that you provide 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 the fault to each party, which can affect the amount you receive. Our attorneys will help you fight to protect your rights in court and we are not willing to go to trial if needed. Depending on the circumstances surrounding your injury, you might be able to settle your case without going to trial. Our FELA lawyers can assist you to negotiate with your employer to reach a fair settlement. If you choose to work with our firm, we will be your legal representatives throughout the duration of your FELA case. We will help you file your claim, address any questions your employer or insurance company might have, and assist in obtaining the proper medical documentation to bolster your claim. We are able to advance you money, with no interest in the event that your case is in the process of being resolved. This can be extremely helpful in the event that you are struggling to pay your bills while waiting for your settlement. Contact us today for a complimentary consultation on the FELA claims process. How do I make an action for compensation? Hiring a qualified attorney is the first step in a successful FELA case. This person can assist you in proving that you are eligible and in overcoming hurdles like the burden of evidence. They can also help you submit your claim within the three-year statute of limitations. A licensed attorney can ensure that you have all the documents necessary for your case. This includes medical records, incident reports photographs and other evidence. Documentation is essential for FELA claims as it helps to prove that your injuries were the result of an incident at work. It can also be helpful to prove that your employer was negligent. The next step is to seek immediate medical treatment for your injuries if possible. This is crucial for your health and for your injury claim. Also, make sure to obtain copies of all medical records to ensure you have the most complete and accurate information available for your situation. It is your responsibility to inform your employer about your injury after you have received medical treatment. You can do this either by making an official accident report, or by telling your supervisor about the accident. It is important to do this as quickly as you can because railroads begin collecting statements, photographs and other evidence as soon as an injury occurs. Your lawyer will want to have the information as early in your claim as possible because memories fade and evidence is lost with time. It's important to hire an experienced lawyer immediately after your injury. Once your lawyer has all the documents they require, they'll file suit against the railroad. The FELA process is similar to personal injury lawsuits. Both parties conduct thorough investigations and discuss settlement options. If the parties are unable to agree on a settlement, they proceed to a trial in which a jury or judge will decide the case. If you've been injured on the job, FELA can provide you with damages that are over and above what you would receive under traditional workers' compensation. Schwartzapfel Lawyers can help you understand the FELA procedure and the expertise of FELA lawyers can do for your case. How do I expect my claim to take? The duration of a claim is contingent on a variety of factors such as the severity of the injury, as well as whether or not it is possible to return to work. A knowledgeable FELA lawyer will know how to gather evidence and present it to secure maximum compensation in federal court. Benefits can be used to pay for medical costs and personal injury costs and lost wages. In the event of a fatal accident, a claim for wrongful death can be filed by family members. FELA claims are an excellent way to obtain compensation for railroad workers who are subject to particular risks. They also give you more chance than workers' compensation claims to secure additional damages. However the process is a bit complicated and requires a skilled lawyer to make sure that all issues are brought to light and resolved. The statute of limitations demands that an action be filed within 3 years of the date of injury. After the lawsuit is filed, a judge will typically require mediation and settlement conferences in an attempt to settle the matter without going to trial. If the case isn't settled at this point the case will be sent to trial, where the judge will determine the amount of damages due to the employee who has been injured. As we've already discussed, obtaining all the necessary medical treatments for an effective FELA claim is crucial. This is important, not only for your health, but for the success of your claim. If the injuries suffered by a worker aren't as severe as claimed by the company, they might be able to argue that their injury isn't as severe as claimed. The lawsuit may be dismissed. Furthermore, it is essential to seek legal advice as soon as they can after suffering an injury. A FELA lawyer can guide a victim through the entire federal court process and help them file a successful wrongful death or workers compensation claim. Find lawyers or law firms with experience in FELA cases. Ask about their previous successes and ask for referrals from your colleagues, union representatives or others who have had similar experiences with a railroad accident.