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FELA Claims and How to File Them FELA claims dont have the same limitations on damages as workers compensation claims However railroad companies may try to limit your claim when they question your injuries and their extent Understanding the complexities of fela claims will assist you in receiving fair compensation It can make a big difference to seek legal advice by lawyers who specialize in these types of cases What is the FELA The FELA is a federal law that was created to protect railroad workers It permits injured workers to sue their employers and seek damages that include medical expenses lost wages as well as pain and suffering and much more Contrary to claims for workers compensation FELA allows monetary payouts to be decided by juries instead of following predetermined benefit schedules in state law This allows employees to receive higher award amounts but it also requires a greater burden of evidence for an employee to prevail in a court Other federal laws like the Locomotive Inspection Act or Railroad Safety Appliance Act can help a workers case by making the case that the railroad company was in violation of workplace standards easier These other statutes may help to strengthen a claim when an accident occurred prior to the threeyear time limit for FELA claims It is important to select an attorney with experience in the field you work in They will be able to guide you through the entire procedure more efficiently and swiftly Find a lawyer that has worked with clients in your field They may have encountered the same problems as you and will be able to offer useful advice Another crucial point to be aware of is that the FELA does not exclude contractors from filing injury claims Contractors are often employed by large rail companies for temporary work or special projects But although they arent considered directly employed by the railroad FELA can still hold them accountable if theyre negligent in their work You should also take the time to fill out all forms youre required to fill in in the FELA procedure as they are often created by railroads lawyers or claims department to gather information they could use to weaken the claim Contact your union representative right away if you are unsure how to answer questions on the form Theyll be able to explain to you the options available to you You should also take photos of the area or machinery involved in your accident and keep track of all the expenses you incurred as well as the nature and severity of your injuries What are my rights Many employees are concerned that filing a FELA complaint could affect their relationship with their employers or result in negative consequences FELA prohibits employers from taking retaliation towards employees who seek compensation for injuries sustained at work Contact us if you believe your employer has violated the FELA If youre injured it is crucial to seek medical attention Once you are stable we recommend that you consult with a knowledgeable FELA attorney Our attorneys can explain the procedure and help you understand your options They can also help you with submitting your claim After you have filed a claim the railroad company will have 30 to 60 days to respond The court will then set a discovery plan where both parties will exchange evidence Paper discovery documents medical records etc and depositions of witnesses will be included Both sides may also file motions to contest certain aspects of the evidence It is important to get the full extent of your injuries including future medical needs and other damages Our lawyers can ensure you receive the maximum amount of compensation The courts will assign each party a proportion of blame which could affect your award Our lawyers will fight for your rights in court and are not afraid to go to trial if necessary Depending on the circumstances surrounding your injury you may be in a position to settle your case without going to trial Our FELA attorneys can help you negotiate with the employer to reach a fair agreement We will represent you throughout the duration of your FELA claim if you hire us We will assist you with filing your claim addressing any questions that your insurance company or employer may have and obtaining the necessary medical evidence to support your claim We may even loan you money without interest in the event that your case is in the process of being resolved This can be a tremendous aid if youre struggling to pay your bills while waiting for your settlement Contact us for a free consultation regarding the FELA claim process How can I file a claim Finding a reputable attorney is the first step towards a successful FELA case They can assist you in proving that you are eligible and in overcoming obstacles such as the burden of proof They can also help you submit your claim within the threeyear period of limitations Additionally a licensed attorney will ensure that you have proper documentation to support your claim This includes medical records incident reports as along with photographs and other evidence Proper documentation is crucial for FELA claims because it helps to demonstrate that your injuries were the result of workplacerelated accidents It can also be helpful to prove that your employer was negligent The next step is seeking immediate medical attention for your injuries If you are able to This is not just for your health but also for your injury claim Request copies of your medical records to ensure you have accurate and comprehensive information for your case After youve received medical treatment it is important to report your injury to your employer You can do this either by making an official accident report or by notifying your supervisor of the accident It is important to complete this as quickly as you can since the railroad begins collecting statements photos and other evidence when an injury occurs Your lawyer must have the information as soon as possible in order to begin your claim because memories fade and evidence disappears over time It is essential to retain an experienced attorney immediately after youve suffered an injury Once your lawyer has the necessary documentation they will file a lawsuit against the railroad The FELA process is similar to personal injury lawsuits Both parties conduct thorough investigations and talk about settlement options If the parties cant agree on a settlement they will proceed to trial where the jury or judge will decide the case If youve been injured working for a railroad FELA provides an opportunity to secure damages that go beyond the amount youd receive from 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 take to process my claim The time frame to file an action is contingent on many aspects such as the severity of an injury and whether its feasible to return to work A skilled FELA lawyer will know how to gather and present evidence to ensure maximum compensation at federal court Benefits can be used to cover medical costs as well as personal injury expenses and lost wages In the event of an accident which results in death family members can make an action for wrongful death FELA claims are a great way to get compensation for railroad employees who face unique dangers They also give you more chance than workers compensation claims to secure additional damages The process is complicated and an experienced attorney is needed to ensure that all issues are taken care of The statute of limitations demands that a lawsuit be filed within three years of the date of injury After the lawsuit is filed the judge will usually require mediation and settlement conferences in an attempt to settle the matter without trial If the case isnt settled at this point it will go to trial where the judge will decide what damages are due to the injured employee As railroad injury fela lawyer ve already discussed getting all the required medical treatments for a successful FELA claim is crucial This is crucial not only for your health but to ensure the success of your claim If a worker doesnt receive adequate medical treatment the company may be capable of arguing that the injuries are not as severe as they are claimed to be and the suit may be dismissed It is also essential that a person seek legal advice as soon as is possible after an injury A FELA lawyer can help a victim navigate the entire federal court process and assist them in filing an effective wrongful death or workers compensation claim Look for attorneys or law firms that have expertise in FELA cases Ask about their previous success and request recommendations from colleagues union representatives or others who have had similar experiences as a railroad accident