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FELA Claims and How to File Them FELA claims don't have the same restrictions on damages as workers' compensation cases. However, large railroad companies may try to limit your claim by denying the nature and severity of your injuries. Understanding the complex fela claims can ensure that you receive a fair amount of compensation. It can make a big difference to seek legal representation from attorneys that specialize in these cases. What is the FELA? The FELA is a federal law that was created to protect railroad workers. It permits injured workers to sue their employers to recover damages including medical expenses, lost wages, pain and suffering and much more. Unlike workers' compensation claims and FELA claims, the FELA allows for monetary compensation that are decided by juries, rather than according to pre-determined benefits schedules imposed by the law of the state. This allows workers to receive larger amounts in awards, however it also requires a higher burden of evidence for an employee to prevail in a court. Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act could help a worker's case by making the process of proving that a railroad company was in violation of workplace standards simpler. These laws can aid in proving a claim if the accident occurred after the three-year limitation period for FELA claims. It is crucial to select an attorney who has prior experience in your area of expertise. They will be able to guide you through the entire procedure more efficiently and swiftly. If possible, find a lawyer who is familiar with other clients in your field and have faced similar problems you face and can provide valuable advice based on their experiences. 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 for temporary projects or for special projects. But, even though they are not considered direct employees of the railroad, FELA can still hold them accountable if they're negligent in their job. You should also carefully complete all forms you are required to complete during the FELA procedure, as they are typically designed by the railroads' lawyers or claims department in order to gather information they can use to weaken a claim. If you're not sure of how to answer the questions on the form, call your union representative right away and have them explain what options are available to you. You should also take photos of the area or machinery that was involved in the accident, and keep an account of your expenses as well as the nature and severity of your injuries. What are my rights? Many workers fear that filing a FELA complaint could adversely affect their relationship with their employers or result in negative consequences. FELA prevents employers from retaliating against employees who file a claim for compensation due to work-related injuries. Contact us if you believe that your employer has violated the FELA. If you've been injured, your first priority should be to seek medical assistance as soon as you can. Once you are stable we suggest that you contact an experienced FELA attorney. Our attorneys can assist you understand the process and your options. They can also assist in submitting your claim. If you submit a claim to the railroad company, they will have 30 to 60 calendar days to respond. The court will then set a discovery plan, where both parties will exchange evidence. This will include the use of paper discovery (documents and medical records) and witness depositions. Both parties can also file motions to contest certain aspects of the evidence. It is crucial to understand the full scope of your injuries, including future medical needs as well as other damages. This will allow our lawyers to fight for the maximum amount you deserve. The courts will assign each party a percentage of blame, which could impact the amount you receive. Our lawyers will defend your rights in court and aren't scared to take you to trial if needed. Depending on the circumstances of your injury, you may be able to settle your case without going to trial. Our FELA attorneys will assist you negotiate with your employer and reach an agreement that is fair. When you hire our company, we will be your legal representatives for the duration of your FELA case. We will help you file your claim, address any questions your insurance company might have, and assist with getting the appropriate medical documentation to support your claim. We may even loan you money, interest free in the event that your case is pending. This can be extremely helpful when you're 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 a claim for compensation? The first step to a successful FELA claim is hiring an experienced attorney. The attorney can help you prove that you're eligible, and clear hurdles such as the burden of proof required. They can also assist you with filing your claim within the three-year time limit. A qualified attorney can also ensure that you have all the documents required for your case. This includes medical records and incident reports as well as photographs and other evidence. Documentation is vital for FELA claims as it helps you prove your injuries were caused by workplace-related accidents. It can also be helpful in proving that your employer was negligent. The next step is to seek immediate medical treatment for your injuries, If you are able to. This is crucial not only for your health, but also for your injury claim. In addition, be sure to get copies of all medical records to ensure you have the most complete and accurate information you can get to support your claim. fela accident attorney is your responsibility to inform your employer about your injury after you have received medical treatment. You can do this by filing an official accident report, or by notifying your supervisor of the incident. You should do this as quickly as you can because railroads begin collecting statements, photographs and other evidence as soon as an injury occurs. Your lawyer must know the information as soon as possible in order to begin your claim, since memories fade and evidence disappears over time. It's important to hire an experienced attorney as soon as possible after the accident. If your lawyer has the required documentation and documentation, they can start a lawsuit against the railroad. The FELA procedure is similar to personal injury lawsuits. Both sides conduct extensive investigations and discuss settlement options. If the parties cannot agree on a settlement, they go to trial, where the judge or jury will decide the case. If you've suffered an injury while working for a railroad, FELA provides an opportunity to claim damages that go beyond what you would receive through traditional workers' compensation. To find out more about this procedure and what experienced FELA attorneys can assist you, call Schwartzapfel Lawyers today. How long will my claim take? The time frame to file a claim is dependent on many factors, including the severity of an injury and whether it is possible to resume work. However, a knowledgeable FELA lawyer will be able to gather and present the evidence required to secure maximum compensation in federal court. The benefits could cover medical bills, personal injury costs and lost wages. In the event of a fatal accident a claim for wrongful death can also be filed for family members. FELA claims are a reflection of the unique risks of railroad jobs and provide an excellent opportunity to claim damages that are above and beyond the ones offered in workers' compensation cases. The process is complex and a skilled attorney is needed to ensure that all issues are taken care of. The statute of limitations demands that an action be filed within 3 years of the date of injury. A judge may usually call for mandatory mediation and settlement conferences after an action has been filed in order to settle the case prior to trial. If the case isn't settled at this point, the case will be heard by the judge who will decide the damages due to the injured worker. As previously mentioned as one of the most important elements of a successful FELA case is making sure that all necessary medical treatment is sought. This is vital, not only for the health of the injured worker but also for the success of the claim. If a worker isn't receiving adequate medical care, the company may be in a position to argue that the injuries aren't as severe as they are claimed to be and the lawsuit may be dismissed. Furthermore, it is essential that a person seek legal advice as soon as possible after an injury. A FELA lawyer can guide a victim through the entire federal court process and assist in filing a successful wrongful death or workers compensation claim. Find attorneys or law firms that have experience in FELA cases. Ask about their past successes and ask for suggestions from other railroad accident victims, union representatives, or colleagues.