FELA Claims and How to File Them

FELA claims do not have the same limitations on damages as workers' compensation claims. However, big railroad companies might try to limit your claim by denying the nature and extent of your injuries.

Understanding the complexities of fela claims can help you get fair compensation. Legal representation from lawyers who specialize in these cases can make a huge difference.

What is the FELA?

The FELA is an act of the federal government to protect railroad workers. It allows injured workers to sue their employers and seek damages that include medical expenses, wages lost along with pain and suffering and more. In contrast to claims for workers' compensation, FELA allows monetary payouts to be determined by juries rather than according to a predetermined benefit schedule under state laws. This permits employees to receive higher award amounts but also requires that they present their case.

Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act, can strengthen a worker’s case by making proving that the railroad company violated workplace standards more straightforward. These other statutes can help make a claim stronger in the event that the accident occurred outside of the three-year statute of limitations that applies to all FELA cases.

It is crucial to select an attorney who has expertise in the field you work in. They can guide you through the entire procedure more efficiently and swiftly. If you can, choose a lawyer who works with other clients in your field of work because they might have faced similar problems you face and can provide valuable advice based on their experience.

It is important to note that the FELA doesn't exclude contractors from filing lawsuits for injury. Contractors are typically employed by larger rail companies on a temporary basis or for special projects, however, even though they're not considered to be employees of the railroad, they may still be held liable under FELA when they're negligent in their job.

It's also essential to be careful when you fill out any forms that you're required to fill out as part of the FELA process, as they're usually designed by the railroad's lawyers or claims department in order to collect information that they could use to reduce your claim. Contact your union representative immediately if you are unsure how to answer questions on the form. They can explain to you the options available to you. Also, you should take photographs of the place or equipment that was involved in your accident, and keep an account of your expenses, as well as the severity and nature of your injuries.

What are my rights?

Many employees are concerned 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. Contact us if you believe your employer has violated the FELA.

If you've suffered an injury, your first priority should be seeking medical assistance as soon as you can. When you are stabilized we suggest that you contact an experienced FELA attorney. Our lawyers can explain the process and assist you in understanding your options. They can also help you file your claim.

Once you have filed an action the railroad company will have 30-60 days to respond. The court will schedule a discovery plan where both parties can exchange evidence. Paper discovery (documents such as medical records, documents and other documents.) and depositions of witnesses will be part of the plan. Both sides may also file motions to contest some of the evidence.

It is crucial to understand the full scope of your injury, which includes future medical needs and other damages. This will allow our lawyers to fight for the maximum amount you're entitled to.

The courts will assign an amount of fault to each party, which can affect the amount you receive. Our lawyers will assist you fight to protect your rights in court and we are not willing to go to trial if necessary.

Depending on the circumstances of your injury, you may be in a position to settle your case without going to trial. Our FELA lawyers will assist you to negotiate with your employer to reach an agreement that is fair.

We will be your advocate throughout the duration of your FELA claim if you hire us. We will assist you in filing your claim, answering any questions that your insurer or employer might have, and obtaining the necessary medical evidence to prove your claim.

While your case is in the process of being resolved, we can loan you money with no interest. This can be a tremendous aid if you're struggling to pay bills while you wait for your settlement. Contact us for a free consultation about the FELA claims process.

How do I make a claim?

The first step to a successful FELA claim is to engage an experienced attorney. They can assist you to prove that you're eligible, while overcoming hurdles such as the required burden of proof. They can also help you make your claim within the 3-year statute of limitations. Additionally, a licensed lawyer can make sure that you have proper documentation to support your claim. This includes medical documents, incident reports, photographs and other evidence. Documentation is vital for FELA claims as it can help you prove that your injuries were caused by workplace-related accidents. It can also be helpful in proving that your employer was negligent.

The next step is seeking immediate medical attention for your injuries If you are able to. This is important not only for your health but also for your injury claim. In addition, be certain to obtain copies of all your medical records so that you have the most comprehensive and accurate information for your situation.

You must inform your employer of your injuries after you have received medical treatment. You can either fill out an an official accident form or inform your supervisor of the incident. You should do this as quickly as you can, since the railroad begins collecting statements, photos and other evidence when an injury occurs.

Your lawyer will want to have the information as early in your case as you can because memories fade and evidence is lost with time. This is why it's crucial to get a skilled lawyer as soon as you've had an injury.

Once your lawyer has all the documentation they require, they'll bring suit against the railroad. The FELA process largely mirrors personal injury lawsuits in that both sides conduct thorough investigations and negotiating settlement options. If the parties fail to agree on a settlement, they go to trial, where the judge or jury will decide the case.

If you've been injured working for the railroad, FELA provides an opportunity to secure damages that go beyond the amount you'd receive from traditional workers' compensation. To learn more about this process and what experienced fela railroad attorneys can do for you, contact Schwartzapfel Lawyers today.

How long will my claim be?

The timeframe for a claim depends on a variety of variables, including the severity of an injury, as well as whether or not it's possible to return to work. A seasoned FELA lawyer will know how to gather evidence and present it to get the maximum amount of compensation in federal court. Benefits can be used to pay for medical costs and personal injury costs and lost wages. In the event of an accident which results in death, the family members may file an action for wrongful death.

FELA claims are an excellent way to obtain compensation for railroad employees who face unique risk. They also provide an advantage over workers compensation claims to secure additional damages. The process is not easy, and an experienced attorney is needed to ensure that all issues are taken care of. The statute of limitations stipulates that a lawsuit be filed within 3 years from the date of injury.

A judge is usually the one to order mandatory settlement conferences and mediation after an action has been filed to try to settle the matter prior to trial. If the case isn't resolved in these early stages it will be subject to trial where the judge will decide what damages are due the employee who was injured.

As stated, one of the most important elements of an effective FELA case is making sure that all medical treatment is obtained. This is crucial, not only for your health but also for the success in your claim. If a worker's injuries aren't as severe as claimed by the company, they could be able to argue that the injury isn't as severe as they claim. The suit could be denied.

It is also important to seek legal advice as fast as you can after an injury. A FELA lawyer can assist a victim through the entire federal court process, and assist in filing a successful wrongful death or workers compensation claim. Find lawyers or law firms that have experience in FELA cases. Ask about their past success and request suggestions from other railroad accident victims, union representatives, or colleagues.