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FELA Claims and How to File Them FELA claims don't have the same limitations on damages as workers' compensation claims. However, railroad companies will attempt to limit your claim if they question your injuries and their extent. Understanding the intricacies of fela claims can help you obtain fair compensation. It can make a huge difference to seek legal representation from lawyers who specialize in these cases. What is the FELA? The FELA is an array of federal laws designed to protect railroad workers. It allows injured workers to sue their employers and recover damages, including medical expenses, lost wages, pain and suffering and more. In contrast to claims for workers' compensation which are not covered by the FELA, the FELA allows for monetary payments that are decided by juries, rather than according to pre-determined benefits schedules under state law. This allows workers to receive greater payouts, but it also demands that they demonstrate their case. In addition to FELA, there are other federal laws like the Locomotive Inspection Act and Railroad Safety Appliance Act that can help a worker's case by making it easier to demonstrate that the railroad company violated workplace standards. These laws can help strengthen a claim if the incident occurred after the three-year limitation period for FELA claims. It is essential to select an attorney who is who is familiar with your particular specific field of work, as they will be able to guide you through the process more efficiently and swiftly. If possible, look for a lawyer who is familiar with other clients in your field of work, as they may have faced similar problems you face and can offer you valuable advice from their experiences. Another key point to remember 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 but even if they're considered to be direct employees of the railroad, they could still be held accountable under FELA when they're negligent in their work. You should also take the time to complete all forms that you are required to complete during the FELA procedure, as they are usually created by railroads attorneys or claims department to collect information that they can use to weaken the claim. If you're unsure of what to do to answer questions on the form, you should contact your union representative immediately and have them explain what options are available to you. It's also important to have photographs taken of any locations or machinery that may be involved in your injury as well as to keep an eye on your expenses and the nature and severity 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 that your employer has violated the FELA. When you first become injured, it's important to seek medical treatment. When you are stabilized We recommend that you contact an experienced FELA attorney. Our attorneys can help you understand the process and your options. They can also assist in submitting your claim. When you make a claim with 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 share evidence. This includes 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 essential to provide the full extent of your injury. This includes future medical costs and other damages. This will allow our lawyers to fight for the maximum amount you deserve. The courts will assign a percentage of the fault to each party, which will affect the amount you receive. Our lawyers will fight for your rights in court and aren't afraid 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 attorneys will help you negotiate with your employer to reach an agreement that is fair. We will assist you throughout the duration of your FELA claim if you employ us. We will assist you with filing your claim, address any questions your employer or insurance company might have, and assist with obtaining the proper medical documentation to bolster your claim. While your case is pending and we're awaiting your case to be resolved, we can loan you money with no interest. This can be a great help if you're struggling to pay your bills while waiting for your settlement. Contact us for a free consultation on the FELA claim process. How do I submit a claim for compensation? Finding a reputable attorney is the first step towards a successful FELA case. The attorney can help you establish your eligibility while clearing hurdles like the burden of proof. They can also assist you in determining whether you are eligible to make your claim within the 3-year statute of limitations. A licensed attorney can ensure that you have all the documents required to support your claim. This includes medical records, incident reports, as well as photographs and other evidence. Proper documentation is crucial for FELA claims as it helps you prove that your injuries were the result of work-related incidents. It can be useful in proving that your employer was negligent. The next step is seeking immediate medical treatment for your injuries, If you are able to. This is important for both your health and your injury claim. Also, make certain to obtain copies of all your medical records so you have the most complete and accurate information you can get for your case. After you've received medical treatment, you need to report your injury to your employer. You can either fill out an official accident form or inform your supervisor about the incident. It's important to do this as early as you can since the railroad starts collecting statements, photos and other evidence as soon as you've been injured. Your lawyer should be aware of the information as quickly as possible to begin your claim, as memories fade and evidence is lost over time. It is crucial to find an experienced lawyer immediately after the accident. Once your lawyer has all the documentation they need, they will make a claim against the railroad. The FELA process is similar to personal injury lawsuits in that both sides conduct extensive investigations and discussing settlement options. If the parties cannot reach a settlement, they will go to trial, where jurors or judges will decide on the case. If you've been injured while working for the railroad, FELA provides an opportunity to recover damages that are beyond what you would receive through traditional workers' compensation. To learn more about this process and the services experienced FELA attorneys can do for you, contact Schwartzapfel Lawyers today. How is the time it will take to take to process my claim? The duration of a claim depends on many different factors such as the severity of the 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 ensure maximum compensation at federal court. Benefits can be used to pay for medical expenses, personal injury costs, and lost wages. In the case that a fatal accident occurs, the claim for wrongful deaths can be filed by family members. FELA claims reflect the particular risks associated with railroad work and offer an excellent opportunity to secure damages that go above and beyond the ones that are available in workers compensation cases. The process is not easy and an experienced attorney will be needed to ensure that all issues are taken care of. A lawsuit must be filed within three years from the date of the injury and the statute of limitations is strictly enforced. Once the lawsuit is filed, a judge will typically require mediation and settlement conferences to attempt to settle the case without trial. If the case isn't settled in these early stages it will be subject to trial where the judge will determine what damages are due to the employee who was injured. As we've already discussed, obtaining all the necessary medical treatment required for a successful FELA claim is essential. This is important not just for your health but also for the success in your claim. If a worker doesn't receive adequate medical treatment and treatment, the business may be able to argue that the injuries aren't as severe as they are claimed to be, and the suit could be denied. It is also important to seek legal advice as soon as possible following an injury. A FELA lawyer can guide a victim through the entire federal court process and assist them in filing an effective wrongful death claim or workers' compensation claim. Look for attorneys or law firms that have experience in FELA cases. Find out about their past success and request referrals from your colleagues or union representatives who have had similar experiences railroad accidents.