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FELA Claims and How to File Them FELA claims dont have the same limitations on damages as workers compensation cases However big railroad companies might try to reduce your claim by denying the nature and extent of your injuries Understanding the complicated fela claims can assist you in receiving fair compensation Getting legal advice from lawyers who specialize in these cases can make a huge difference What is the FELA The FELA is an array of federal laws that were created to protect railroad workers It permits injured employees to sue their employer and recover damages including medical expenses lost wages along with pain and suffering and many more In contrast to claims for workers compensation FELA allows monetary payouts to be determined by juries rather than according to a predetermined benefit schedule under state laws This enables workers to receive much more substantial amounts of money but it also requires a higher burden of evidence for an employee to win a case Other federal laws like the Locomotive Inspection Act or Railroad Safety Appliance Act which can help a workers case by making the case that the railroad company violated workplace safety standards more straightforward Other laws may aid in proving a claim if the incident occurred after the threeyear limitation period for FELA claims It is important to select an attorney with prior experience in your area of expertise They can guide you through the entire process faster and more efficiently Choose a lawyer who has worked with clients in your field They may have experienced the same issues as you and can give you useful advice Its important to know that the FELA doesnt exclude contractors from filing lawsuits for injury Contractors are typically employed by larger railroad companies on a shortterm basis or for special projects but even though theyre not considered as direct employees of the railroad they could still be held liable under FELA if theyre negligent in their job fela accident attorney to take your time when you complete any forms youre required to fill out as part of the FELA procedure as theyre usually created by the railroads lawyers or claims department to get information they can use to reduce your claim Contact your union representative immediately if are unsure how to answer questions on the form They will be able to tell you the options available to you It is also essential to take photos of any equipment or locations involved in your accident as well as keeping an eye on your expenses and the nature and severity 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 FELA prevents employers from retaliating against employees who seek compensation for workrelated injuries Contact us if you believe that your employer has violated the FELA When you first become injured its important to seek medical treatment Once youve recovered we suggest that you speak with an FELA attorney who has expertise Our lawyers can explain the procedure and help you understand your options They can also help you in filing your claim After youve filed an action the railroad company will have 3060 days to respond The court will then schedule an investigation plan in which both parties will share evidence This includes the use of paper discovery documents and medical records and witness depositions Both sides could also file motions to dispute some of the evidence It is important that you provide the full extent of your injury This includes future medical costs as well as other damages Our lawyers will be able to ensure you receive the maximum amount of compensation The courts will assign a percentage of fault to each party which can affect your award Our attorneys will fight for your rights in court and are not scared to take you to trial if needed You may be able to settle your case prior to trial based on the circumstances surrounding your injury Our FELA lawyers will assist you to negotiate with your employer to reach an agreement that is fair We will be your advocate throughout the duration of your FELA claim if you hire us We will assist you with filing your claim answer any questions your employer or insurance company may have and assist with getting the right medical documents to support your claim We may even loan you money with no interest during the time your case is in the process of being resolved This is a great option when youre trying to pay your bills while waiting for your settlement Contact us for a free consultation about the FELA claims process How do I make an application for compensation The first step in the process of a successful FELA claim is to engage a skilled attorney They can assist you to prove that youre eligible and clear hurdles such as the required burden of proof They can also aid you in submitting your claim within the 3 year period of limitation In addition a qualified lawyer can ensure that you have the proper documentation to support your claim This includes medical records incident reports photographs and other evidence Documentation is essential for FELA claims as it helps you prove that your injuries were a result of an incident at work It can be useful in proving that your employer was negligent If you can seek immediate medical attention if been injured This is essential for your health and your injury claim Get copies of your medical records to ensure that you have complete and accurate information regarding your case After receiving medical treatment you must report your injury to your employer You can do this either by filing an official accident report or notifying your supervisor of the incident Its important to do this as soon as you can because the railroad begins gathering statements photos and other evidence immediately after youve suffered injuries Your lawyer should have the information as early 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 your injury Once your lawyer has all the documents they require theyll file suit against the railroad The FELA process largely mirrors personal injury lawsuits and both sides conducting thorough investigations and discussing settlement options If the parties cannot agree on a settlement they proceed to a trial where the judge or jury will decide the case If youve been injured working for the railroad FELA provides an opportunity to secure damages that go above and beyond what you could receive through traditional workers compensation Schwartzapfel Lawyers can help you to learn more about the FELA process and what experienced FELA lawyers can do for your case How do I expect to process my claim The time frame to file an action is contingent on a myriad of factors such as the severity of a personal injury and whether it is feasible 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 The benefits could be used to pay for medical expenses personal injury costs and lost wages In the event that a fatal accident occurs a wrongful death claim may also be filed on behalf of family members FELA claims are a reflection of the unique risks associated with railroad jobs and offer an excellent opportunity to obtain damages that go above and beyond the ones offered in workers compensation cases However the process is complex and requires a skilled lawyer to ensure that all issues are discussed and addressed The statute of limitations stipulates that an action be filed within 3 years of the date of injury Once the lawsuit is filed a judge will typically ordain mandatory mediation and settlement conferences to attempt to settle the matter without trial If the case isnt resolved at this point it will go to trial where a judge will determine the amount of damages due to the employee who has been injured As weve previously mentioned getting all the required medical treatment required for an effective FELA claim is crucial This is critical not just for the health of the injured employee but also to ensure the success of the case If a worker doesnt receive adequate medical care and treatment the business may be able to argue that the injuries are not as severe as claimed and the lawsuit could be denied Furthermore it is essential that one seek legal advice as soon as possible following an injury A FELA lawyer can help a victim navigate the entire federal court process and assist in filing an effective wrongful death claim or workers compensation claim When looking for an attorney or law firm choose one that specializes in FELA cases and have a solid track record Ask about their previous successes and seek referrals from colleagues or union representatives who have had similar experiences as a railroad accident