FELA Claims and How to File Them
FELA claims go beyond the limits on damages that typically apply to workers' compensation claims. However, large railroad companies may attempt to limit your claim by denying the nature and severity of your injuries.
Understanding the complexities of fela claims can help you obtain fair compensation. It can make a significant difference to get legal representation from attorneys that specialize in these cases.
What is the FELA?
The FELA is an array of
federal employers’ liability laws designed to protect railroad workers. It permits injured workers to sue their employer and recover damages, such as medical expenses, lost wages, pain and suffering, and many 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 workers to receive much larger amounts in awards, however it also requires a greater burden of proof to win a case.
Other
federal employers’ liability act laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act could strengthen a worker’s case by making proving that the railroad company violated workplace safety standards more straightforward. These laws can also aid in making 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 essential to choose an attorney who has prior experience in your area of expertise. They will be able to guide you through the entire process more efficiently and quickly. If you can, choose an attorney who has worked with other clients in your field of work, as they may have faced similar problems you face and 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 major rail companies for temporary work or special projects. But although they are not considered direct employees of the railroad, FELA can still hold them liable if they are negligent in their job.
It's also important to carefully complete any forms you have to complete as part of the FELA procedure, as they're often designed by the railroad's lawyers or claims department to get information they can use to reduce your claim. If you're not sure of what to do to answer questions on the form, call your union representative immediately and ask them to explain the alternatives are available to you. It's also important to take photos of any equipment or locations involved in your injury, as well as keeping an eye on your expenses and the severity and nature of your injuries.
What are my rights as an American citizen?
Many workers are concerned that filing a FELA claim will strain their relationship with their employer or cause negative consequences. However, FELA explicitly prohibits employers from taking retaliatory action against employees who seek compensation for work-related injuries. Contact us if you believe your employer has violated the FELA.
If you're injured, it is important to seek medical attention. After you've stabilized we suggest that you speak with an
FELA attorney who has expertise. Our lawyers can explain the procedure and assist you in understanding the options available to you. They can also help you with the filing of your claim.
When you submit a claim to the railroad company, they are given 30 to 60 calendar days to respond. The court will schedule an investigation plan in which both parties can exchange evidence. Paper discovery (documents medical records, documents, etc.) and depositions of witnesses will be part of the plan. Both parties can also file motions disputing some of the evidence.
It is crucial to provide the full extent of your injury. This includes future medical costs and other damages. This will allow our lawyers to pursue the highest amount you deserve.
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 scared to take you to trial if needed.
You may be able settle your case prior to trial based on the circumstances that led to your injury. Our FELA attorneys can help you negotiate with your employer to reach a fair agreement.
When you hire our firm, we will be your legal representative for the duration of your FELA case. We will assist you with filing your claim, answer any questions your insurance company might have, and assist in getting the appropriate medical documentation to bolster your claim.
While your case is in the process of being resolved and we're awaiting your case to be resolved, we can advance you money without interest. This can be extremely helpful when you're struggling to pay your bills while waiting for your settlement. Contact us for a no-cost consultation on the FELA claims process.
How do I make a claim?
Finding a reputable attorney is the first step in success in a FELA case. They can assist you to prove that you're eligible, while clearing hurdles like the burden of proof. They can also assist you to submit your claim within the three-year statute of limitations. A licensed attorney can ensure that you have all the documentation needed to support your claim. This includes medical documents, incident reports, photographs, and other evidence. Proper documentation is crucial for FELA claims as it helps to establish that your injuries are a result of workplace-related accidents. It can help in showing that your employer was negligent.
The next step is to seek immediate medical attention for your injuries should you be able to. This is not just for your health but also for your injury claim. Also, make sure to get copies of all medical records to ensure that you have the most complete and accurate information available for your case.
You must inform your employer of your injury after you have received medical treatment. You can either fill out an an official accident form or inform your supervisor of the incident. It's important to do this as quickly as you can, since the railroad starts gathering statements, photos and other evidence right after you've been injured.
Your lawyer will want to have the information as early on in your case as you can because memories fade and evidence is lost with time. It is crucial to find an experienced lawyer immediately after the accident.
If your lawyer has the required documentation, they will bring a lawsuit 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 a trial in which jurors or judges decide the case.
If you have been injured on the job, FELA can provide you with compensation that is above and beyond those you'd receive under traditional workers' compensation. To find out more about this procedure and the services experienced FELA attorneys can help you, contact Schwartzapfel Lawyers today.
How long will my claim be?
The time frame to file a claim is dependent on a variety of aspects, such as the severity of a personal injury and whether it is feasible to return to work. However, a skilled FELA attorney will be able to gather and present the evidence required 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 of a fatal accident the claim for wrongful deaths can be filed by family members.
FELA claims reflect the particular risks associated with railroad jobs and provide an excellent opportunity to claim damages that go over and beyond what is available in workers' compensation cases.