fela law firm Claims and How to File Them
FELA claims are able to bypass the limitations on damages that typically apply to workers' comp cases. However, large railroad companies might attempt 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. 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 employees. It permits injured workers to sue their employers and seek compensation, which includes medical expenses as well as loss of wages, pain and suffering, and more. Unlike workers' comp claims, FELA allows monetary payouts to be decided by juries, rather than following predetermined benefit schedules under state laws. This permits workers to receive greater award amounts but also requires that they present their case.
Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act could aid a worker's claim by making proving that the railroad company violated workplace safety standards simpler. These other statutes may aid in proving a claim if an accident occurred prior to the three-year period of limitation for FELA claims.
It is crucial to select an attorney with 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 works with other clients in your line of work, as they may have faced similar issues you are facing and give you 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 frequently employed by larger rail companies on a temporary basis or for special projects but even if they're considered to be direct employees of the railroad, they may still be held accountable under FELA if they're negligent in their job.
It's also important to carefully fill out any forms that you have to complete as part of the FELA procedure, as they're often designed by the railroad's attorneys or claims department in order to collect information that they can use to weaken your claim. If you're unsure of how to respond to questions on the form, you should contact your union representative immediately and ask them to explain what alternatives are available to you. Also, you should take photographs 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 your injuries.
What are my rights?
Many workers worry that filing a FELA claim could sour their relationship with their employer or cause negative consequences. FELA prohibits employers from taking retaliation against employees who seek compensation for work-related injuries. Contact us if you believe that your employer has violated the FELA.
As soon as you are injured, it is important to seek medical treatment. Once you've recovered, we recommend you contact an FELA attorney with experience. Our attorneys can explain the procedure and assist you in understanding your options. They can also assist in filing your claim.
If you make a claim with the railroad company, they will have 30 to 60 calendar days to respond. The court will then schedule a discovery plan so that both parties can share evidence. This could include the use of paper discovery (documents and medical records) and witness depositions. Both sides can also file motions to contest certain aspects of the evidence.
It is crucial to understand the full extent of your injury, including future medical needs and other damages. This will enable our lawyers to fight for the maximum amount you're entitled to.
The courts will give each party a percentage of the blame, which may affect your award. Our lawyers will help you fight for your rights in court, and we are not afraid to take a case to trial when necessary.
You may be able to settle your case before trial depending on the circumstances that led to your injury. Our FELA attorneys can help you negotiate with your employer to reach a fair deal.
We will be your advocate throughout the duration of your FELA claim if you choose to hire us. We will assist you in filing your claim, addressing any questions that your employer or insurer might have and obtaining the required medical evidence to back your claim.
We are able to advance you money, without interest, while your case is pending. This can be extremely helpful when you're trying to pay your bills while waiting for your settlement. Contact us today to receive a free consultation regarding the FELA claim process.
How do I submit an application for compensation?
Employing a competent attorney is the first step towards a successful FELA case. This person can help you establish your eligibility while clearing hurdles like the required burden of proof. They can also assist you in submitting your claim within the 3 year period of limitation. Additionally, a skilled lawyer can ensure that you have the appropriate documentation to support your claim. This includes medical records, incident reports photographs and other evidence. Documentation is essential for FELA claims as it allows you to prove that your injuries were the result of incidents at work. It can be useful in showing that your employer was negligent.
If you can, seek immediate medical attention if been injured. This is crucial for your health and for your injury claim. Request copies of your medical records to ensure you have the most accurate and complete information for your case.
After receiving medical treatment, you must notify your employer. This can be done by filling out an official accident report, or by telling your supervisor about the incident. It's crucial to get this done as soon as you can because the railroad starts gathering statements, photos and other evidence immediately after you've been injured.
Your lawyer must be aware of the information as quickly as possible to begin your claim as memories fade and evidence is lost as time passes. This is why it's critical to hire a knowledgeable attorney right away after your 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 and both sides conducting thorough investigations and discussing settlement options. If the parties are unable to agree on a settlement, they proceed to a trial where jurors or judges decide the case.
If you've been injured while working, FELA can provide you with compensation that is more than what you would receive under traditional workers' compensation. To find out more about this procedure and what experienced
FELA attorneys can help you, contact Schwartzapfel Lawyers today.
How long will my claim be?
The time frame for filing an action is contingent on a myriad of factors, including the severity of an injury and whether it is possible to return to work. However, a knowledgeable FELA lawyer will be able to gather and present the evidence required to obtain maximum 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 causes death, the family members may bring claims for wrongful deaths.
FELA claims reflect the unique risks of railroad jobs and offer an excellent opportunity to claim damages that are above and beyond the ones that are available in workers compensation cases. However, the process is complex and requires a skilled lawyer to ensure that all issues are raised and resolved. The statute of limitations requires that an action be filed within three years of the date of injury.