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FELA Claims and How to File Them FELA claims bypass the limits on damages that are typically applicable to workers' compensation claims. However, big railroad companies may try to reduce your claim by questioning the nature and severity of your injuries. Understanding the intricacies of fela claims can help you secure fair compensation. Legal representation from lawyers who specialize in fela claims can make all the difference. What is the FELA? The FELA is a federal law that was created to protect railroad employees. It allows injured workers to sue their employers and recover damages including medical expenses, wages lost as well as pain and suffering, and much more. In contrast to claims for workers' compensation which are not covered by the FELA, the FELA allows for monetary compensation determined by juries instead of following pre-determined benefit schedules set by state law. This permits workers to receive greater payouts, but it also demands that they prove their case. Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act could aid a worker's claim by making the process of proving that a railroad company was in violation of workplace standards more straightforward. These other laws can help make a claim stronger in the event that an accident occurred outside of the three-year period of limitations, which is applicable to all FELA cases. It's important to choose an attorney who is who is familiar with your particular kind of work, since they'll be able to guide you through the process more efficiently and efficiently. Choose a lawyer who has worked with clients in your area. They may have experienced the same issues as you and can give you useful advice. It's important to know that the FELA does not bar contractors from bringing lawsuits against injury victims. Contractors are often employed by major rail companies for temporary work or special projects. However even though fela railroad accident lawyer considered direct employees of the railroad, FELA can still hold them liable if they are negligent in their work. You should also carefully complete all forms that you're required to fill in within the FELA procedure, since they are often created by railroads lawyers or claims department in order to gather information they could use to weaken the claim. Contact your union representative immediately if you aren't sure how to answer questions on the form. They will be able to tell you the options available to you. Also, take pictures of the area or machinery that was involved in your accident, and keep the track of all your expenses, as well as the nature and severity of your injuries. What are my rights as a citizen? Many workers are concerned that filing a FELA claim could sour their relationship with their employer or lead to negative consequences. However, FELA explicitly prohibits employers from taking retaliatory action against employees who seek compensation for injuries sustained at work. If you think your employer has violated FELA do not hesitate to contact us for help. After you've been injured, your primary priority is to seek medical assistance as soon as you can. Once you are stable we suggest that you contact an experienced FELA attorney. Our attorneys can explain the process and help you understand your options. They can also assist you to file your claim. If you submit a claim to the railroad company, they are given 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 such as medical records, documents, etc.) and depositions of witnesses will be taken. Both sides may also file motions to challenge certain evidence. It is essential to give the complete extent of your injuries. This includes future medical expenses and other damages. Our lawyers will be able to ensure you receive the maximum amount of compensation. The courts will give each party a share of the blame, which may impact your award. Our lawyers will assist you fight to protect your rights in court and we are not unwilling to take a case to trial if needed. You may be able to settle your case before going to trial, based on the circumstances that led to your injury. Our FELA lawyers can assist you to negotiate with your employer to reach a fair deal. When you hire our company as your legal representatives throughout the duration of your FELA case. We will help you file your claim, address any questions your insurance company may ask, and assist you in obtaining the proper medical documentation to bolster your claim. While your case is in the process of being resolved we are able to advance you money without interest. This can be a tremendous help if 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 file an action for compensation? Employing a competent attorney is the first step to an effective FELA case. The attorney can help you prove that you're eligible, while clearing hurdles like the burden of proof required. They can also assist you to submit your claim within the 3-year statute of limitations. Additionally, a skilled lawyer can make sure that you have necessary evidence for your case. This includes medical records, incident reports photographs, and other evidence. Documentation is essential for FELA claims, as it helps you prove your injuries were caused by incidents at work. It could be helpful in showing that your employer was negligent. The next step is to seek immediate medical treatment for your injuries, if possible. This is important for both your health and for your injury claim. In addition, be sure to get copies of all your medical records to ensure you have the most complete and accurate information you can get for your situation. After receiving medical treatment, it is important to inform your employer. This can be done by making an official accident report or by notifying your supervisor of the accident. It is important to do this as quickly as you can, since railroads begin collecting statements, photos and other evidence as soon as an injury occurs. Your lawyer will need to know the information as soon as possible to start your claim since memories fade and evidence disappears as time passes. This is why it's so critical to hire a knowledgeable attorney right away after your accident. Once your lawyer has the necessary documentation they will bring an action against the railroad. The FELA process largely mirrors personal injury lawsuits, with both sides conducting extensive investigations and discussing settlement options. If the parties cannot agree on a settlement, they will go to trial, where a judge or jury will decide the case. If you have been injured on the job, FELA can provide you with damages that are above and beyond those you'd receive under traditional workers' compensation. To find out more about this procedure and what skilled FELA attorneys can do for you, contact Schwartzapfel Lawyers today. How is the time it will take to process my claim? The length of time a claim can be filed is contingent on a variety of factors, including the severity of the injury, as well as whether or not it is possible to return to work. However, a knowledgeable FELA lawyer will be able to gather and present the evidence needed to obtain maximum compensation in federal court. The benefits may be used to pay for medical expenses as well as personal injury expenses and lost wages. In the case of an accident that results in death, the family members may make claims for wrongful deaths. FELA claims account for the unique 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. However the process is a bit complicated and requires an experienced lawyer to make sure that all issues are raised and resolved. The statute of limitations demands that a lawsuit be filed within three years from the date of injury. When a lawsuit is filed, a judge will typically ordain mandatory mediation and settlement conferences in an attempt to settle the case without trial. If the case does not settle at this point the case will eventually be heard by the judge who will decide the amount of damages owed to the injured worker. As we have already mentioned getting all the required medical treatment for the successful FELA claim is crucial. This is important, not only for your health, but to ensure the success of your claim. If the injuries suffered by a worker aren't as serious as they were claimed by the company, they could be able to argue that the injury isn't as serious as claimed. The suit could be dismissed. It is also essential that one seek legal advice as soon as possible after suffering an injury. A FELA lawyer can guide a victim through the entire federal court process, and help them file an effective wrongful death or workers compensation claim. Find attorneys or law firms that have expertise in FELA cases. Ask about their previous successes and ask for referrals from your colleagues or union representatives who have had similar experiences with an accident on the railroad.