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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, the big railroad companies could try to minimize your claim by denying the nature and severity of your injuries. Understanding the complex fela claims can help you receive fair compensation. It can make a huge difference to seek legal advice by lawyers who specialize in these types of cases. What is the FELA? The FELA is an act of the federal government to protect railroad employees. It allows injured workers to sue their employers and seek damages, including medical expenses, wages lost as well as pain and suffering, and much more. Unlike workers' comp claims, FELA allows monetary payouts to be determined by juries, rather than according to predetermined benefit schedules in state law. This allows employees to receive much larger amounts in awards, however it also requires a higher burden of evidence for an employee to prevail in a case. Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act, can aid a worker's claim by making the process of proving that a railroad company violated workplace standards easier. Other laws may help to strengthen a claim when the incident occurred after the three-year limitation period for FELA claims. It's important to choose a lawyer familiar with your specific field of work, as they'll be able to guide you through the process more smoothly and swiftly. If possible, find an attorney who has worked with other clients in your line of work and have experienced the same problems you face and give you valuable advice based on their experiences. Another crucial point to be aware of is that the FELA does not bar contractors from filing 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 liable under FELA if they're negligent in their job. It's important to take your time when you fill out any forms that you're required to fill out as part of the FELA process, since they're usually designed by the railroad's lawyers or claims department to gather information they could use to weaken your claim. Contact your union representative immediately if are unsure of how to respond to questions on the form. They will be able to tell you the options available. It's also crucial to have photographs taken of any locations or machinery involved in your accident, as well as to keep track of your expenses and the nature and severity of your injuries. What are my rights? Many employees worry that filing a FELA claim could sour their relationship with their employer or result in negative consequences. FELA prevents employers from retaliating against employees who seek compensation due to work-related injuries. Contact us if you believe that your employer has violated FELA. If you're injured, it is important to seek medical treatment. Once you have stabilized we suggest that you speak with a FELA attorney who has expertise. Our lawyers can explain the process and assist you in understanding the options available to you. They can also assist in filing your claim. If you submit a claim to the railroad company, they will have 30-60 calendar days to respond. The court will then schedule an investigation plan, in which both parties will exchange evidence. This includes documents for discovery (documents and medical records) and witness depositions. Both parties may also file motions challenging certain aspects of the evidence. It is important that you disclose the complete extent of your injuries. This includes future medical costs as well as other damages. This will enable our lawyers to fight for the maximum amount you deserve. The courts will assign a percentage of fault to each party, which could affect the amount you receive. Our attorneys will fight for your rights in court and aren't afraid to go to trial if needed. Depending on the circumstances of your injury, you may be in a position to settle your case without going to trial. Our FELA attorneys can help you negotiate with the employer to reach a fair settlement. We will represent you throughout the duration of your FELA claim if you choose to hire us. We will help you file your claim, address any questions your employer or insurance company may ask, and assist you in obtaining the proper medical documentation to support your claim. While your case is in the process of being resolved we are able to advance you money without interest. This can be a tremendous assistance if you're struggling pay bills while you wait for your settlement. Contact us to receive an initial consultation for free on the FELA claim process. How can I make a claim? Finding a reputable attorney is the first step in a successful FELA case. The attorney can assist you in proving you are eligible and in overcoming obstacles like the burden of proof. They can also aid you in filing your claim within the 3-year statute of limitation. A qualified attorney can also ensure that you have all the documents needed to support your claim. fela railroad accident lawyer includes medical records, incident reports, as in addition to photographs and other evidence. Documentation is essential for FELA claims, since it allows you to prove that your injuries were the result of workplace-related accidents. It is also helpful to prove 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 for your health and for your injury claim. Be sure to obtain copies of all medical records to ensure you have the most comprehensive and accurate information you can get for your situation. It is your responsibility to inform your employer of your injuries after you have received medical treatment. You can fill out the an official accident form or inform your supervisor of the incident. 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 will want to have the details as early in your claim as is possible because memories fade and evidence disappears as time passes. This is why it's important to find a reputable attorney as soon as you've suffered an injury. If your lawyer has the required documents, they will bring a lawsuit 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 in which a jury or judge will decide the case. If you have been injured while working, FELA can provide you with damages that go above and beyond those you would receive under traditional workers' compensation. Schwartzapfel Lawyers can help you learn more about the FELA process and how experienced FELA lawyers can do for your case. How do I expect to complete my claim? The timeframe to file an action is contingent on a variety of aspects, such as the severity of a personal injury and if it's possible to return to work. However, a skilled FELA attorney will be able 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, personal injury costs, and lost wages. In the case that a fatal accident occurs, a wrongful death claim can also be filed for family members. FELA claims reflect the unique risks associated with railroad work and offer an excellent opportunity to claim damages that go above and beyond those available in workers' compensation cases. The process is complex and a skilled lawyer is required to ensure that all issues are addressed. The statute of limitations requires that a lawsuit be filed within three years from the date of injury. Once the lawsuit is filed the judge will usually order 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 referred to trial by an individual judge who will decide the damages due to the injured worker. As we have already mentioned getting all the required medical treatment for the successful FELA claim is essential. This is crucial, not only for the health of the injured worker but also for the success of the claim. If a worker's injuries aren't as severe as claimed by the company, they might be able to argue that the injury isn't as serious as claimed. The suit could be dismissed. It is also essential that one seek legal advice as soon as they can after an injury. A FELA attorney can help victims navigate the federal court system and file a successful wrongful-death or workers compensation claim. Find lawyers or law firms that have experience in FELA cases. Find out about their previous successes and seek suggestions from other railroad accident victims, union representatives, or colleagues.