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FELA Claims and How to File Them FELA claims do not have the same limitations on damages as workers' compensation claims. However, railroad companies will try to limit your claim when they question your injuries and their severity. Knowing the nuances of fela claims can help you obtain fair compensation. It can make a big difference to seek legal advice by lawyers who specialize in these cases. What is the FELA? The FELA is a set of federal laws that are designed to protect railroad workers. It allows injured workers to sue their employers and seek damages that include medical expenses, lost wages along with pain and suffering and much more. Unlike workers' compensation claims, the FELA allows for monetary payouts decided by juries rather than following pre-determined benefit schedules under state law. This allows workers to receive much more substantial amounts of money, but it also requires a greater burden of proof for an employee to prevail in a case. In addition to FELA and FELA, there are other federal laws, such as the Locomotive Inspection Act and Railroad Safety Appliance Act that could make a difference for a worker's claim by making it easier to show the railroad company did not adhere to workplace standards. These laws can help to strengthen a claim when the incident occurred after the three-year period of limitation for FELA claims. It is essential to select a lawyer that is familiar with the kind of work, since they'll be able guide you through the process more efficiently and swiftly. Find a lawyer that has worked with clients in your field. They may have experienced similar issues to you and can offer valuable advice. It's important to know that the FELA does not prohibit contractors from filing lawsuits for injury. Contractors are typically employed by larger railroads on a temporary basis or for special projects but even though they're not considered to be employees of the railroad, they may still be held liable under FELA if they're negligent in their work. It is also important to carefully complete all forms you're required to fill in during the FELA procedure, as they are usually created by railroads attorneys or claims department to gather information that they can use to weaken a claim. Contact your union representative immediately if you are unsure how to answer questions on the form. They will be able to tell you the options available to you. Also, take pictures of the place or equipment that was involved in your accident and keep track of all your expenses as well as the severity and nature of your injuries. What are my rights? Many workers are worried that filing a FELA complaint could affect their relationship with their employers or cause them to suffer negative consequences. FELA prohibits employers from taking retaliation against employees who seek compensation due to work-related injuries. If you think your employer has violated FELA do not hesitate to reach us for help. After you've suffered an injury, your first priority should be seeking medical attention as soon as possible. Once you have stabilized, we recommend you contact a FELA attorney with experience. Our lawyers can explain the process and help you understand your options. They can also assist with submitting your claim. After you make a claim with the railroad company, they have 30 to 60 calendar days to respond. The court will then arrange an investigation plan, in which both parties will share evidence. Paper discovery (documents medical records, documents, etc.) and depositions of witnesses will be taken. Both sides may also file motions to contest certain evidence. It is crucial to understand the full scope of your injury, including future medical needs as well as other damages. This will enable our lawyers to fight for the maximum amount you are entitled to. The courts will give each party a percentage of blame, which could affect your award. Our lawyers will defend your rights in court and aren't afraid to go to trial if needed. Depending on the circumstances surrounding your injury, you may be able to settle your case without having to go to trial. Our FELA attorneys will help you negotiate with your employer and come to an agreement that is fair. When you hire our firm as your legal representative for the duration of your FELA case. We can assist you in filing your claim, addressing any questions that your insurer or employer might have, and obtaining the necessary medical documentation to back your claim. We can even advance you money, with no interest, while your case is still pending. This is a great option in the event that you are trying to pay your bills while waiting for your settlement. Contact us today to receive a free consultation on the FELA claim process. How do I submit a claim for compensation? Employing a competent attorney is the first step towards success in a FELA case. The attorney can help you establish your eligibility while clearing hurdles like the required burden of proof. They can also help you file your claim within the three-year period of limitations. An experienced attorney can ensure that you have all the documents needed to support your claim. This includes medical records, incident reports, as well as photographs and other evidence. Documentation is vital for FELA claims, since it can help you prove that your injuries were the result of incidents at work. It can be useful in proving that your employer was negligent. The next step is to seek immediate medical treatment for your injuries should you be able to. This is not just for your health but also for your injury claim. In addition, be sure to get copies of all your medical records so that you have the most comprehensive and accurate information you can get for your case. After receiving medical treatment, it is important to report your injury to your employer. You can fill out the official accident forms or inform your supervisor about the incident. It's crucial to get this done as early as you can since the railroad starts gathering statements, photos and other evidence immediately after you've been injured. Your lawyer will need to know the information as soon as possible to begin your claim, since memories fade and evidence is lost over time. This is why it's important to find a reputable lawyer as soon as you've had an injury. When your lawyer has all the required documents, they will bring an action 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 cannot reach a settlement, they will proceed to trial where jurors or judges will decide on the case. If you have been injured on the job, FELA can provide you with damages that are above and beyond those you would get under traditional workers' compensation. To find out more about this procedure and what experienced FELA attorneys can do for you, contact Schwartzapfel Lawyers today. How long will it take to process my claim? The time frame to file a claim depends on many factors, such as the severity of an injury and if it's possible to return to work. However, a skilled FELA lawyer will know how to gather and present the evidence needed to secure maximum compensation in federal court. Benefits can be used to pay for medical costs, personal injury costs, and lost wages. In the event that a fatal accident occurs, a claim for wrongful death can be filed by family members. FELA claims are a great method of obtaining compensation for railroad workers who face particular risk. They also provide a better opportunity than workers' compensation claims to secure additional damages. However the process is a bit complicated and requires an experienced lawyer to make sure that all issues are discussed and resolved. The statute of limitations demands that an action be filed within three years from the date of injury. A judge may usually call for mandatory settlement conferences and mediation after the filing of a lawsuit in order to settle the case before trial. If the case doesn't settle at this point it will be subject to trial, where the judge will determine the amount of damages due to the employee who was injured. As previously mentioned among the most important elements of the success of a FELA claim is to ensure that all necessary medical treatment is obtained. This is vital not just for your health, but also to ensure the success of your claim. If a worker isn't getting adequate medical treatment and treatment, the business may be able to argue that the injuries aren't as severe as they claim, and the suit could be dismissed. Furthermore, it is essential that one seek legal advice as soon as is possible following 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 expertise in FELA cases. Find out about their past successes and seek referrals from colleagues, union representatives or others who have had similar experiences as an accident on the railroad.