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FELA Claims and How to File Them FELA claims go beyond the limits on damages which are usually applicable to workers compensation cases However large railroad companies might attempt to reduce your claim by denying the nature and extent of your injuries Understanding fela lawsuits can help you receive fair compensation It can make a big difference to seek legal representation from lawyers who specialize in these types of cases What is the FELA The FELA is a federal law designed to protect railroad employees It permits injured workers to sue their employers and recover damages including medical expenses and loss of wages as well as pain and suffering and more Contrary to claims for workers compensation the FELA allows for monetary compensation that are decided by juries rather than according to predetermined benefits schedules under state law This allows employees to receive much higher award amounts but it also imposes 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 could help a workers case by making the process of proving that a railroad company violated workplace safety standards simpler These laws can also assist in making a claim more convincing in the event that the accident occurred outside of the threeyear statute of limitations which is applicable to all FELA cases It is crucial to choose a lawyer who is familiar with your particular type of work as theyll be able guide you through the process more efficiently and swiftly Find a lawyer who has worked with clients in your field They may have encountered similar issues to you and will be able to offer valuable advice It is important to note that the FELA does not prohibit contractors from bringing lawsuits against injury victims Contractors are frequently employed by larger rail companies on a temporary basis or for special projects however even though theyre not considered as direct employees of the railroad they may still be held liable under FELA when theyre negligent in their job It is also important to carefully fill out all forms you are required to complete in the FELA procedure as they are typically designed by the railroads lawyers or claims department to gather information that they can use to weaken the claim If youre unsure of what to do to answer questions on the form contact your union representative right away and have them explain what options are available for you Also you should take photographs of the place or equipment involved in your accident and keep the track of all your expenses as well as the severity and nature of your injuries What are my rights Many workers are concerned that filing a FELA claim will strain their relationship with their employer or lead to negative consequences However FELA explicitly prohibits employers from retaliating against employees who file a claim for compensation for injuries sustained at work Contact us if you believe that your employer has violated the FELA After youve been injured your primary priority is to seek medical assistance as soon as you can Once you have stabilized we suggest that you speak with a FELA attorney who has expertise Our lawyers can help you to understand the process and your options They can also help you make a claim After you have filed a claim the railroad company will have 30 to 60 days to respond The court will set a discovery plan where both parties will be able to exchange evidence This will include the use of paper discovery documents and medical records and witness depositions Both sides can also file motions to contest certain evidence It is essential to provide the complete extent of your injuries This includes future medical costs as well as other damages This will allow our lawyers to pursue the highest amount you are entitled to The courts will assign each party a proportion of blame which could impact the amount you receive Our attorneys will help you defend your rights in court and we are not afraid to take a case to trial if necessary Based on the circumstances of your injury you might be in a position to settle your case without going to trial Our FELA attorneys can help you negotiate with your employer to reach a fair agreement 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 address any questions your insurance company might have and assist in obtaining the proper medical documentation to support your claim While your case is pending and were awaiting your case to be resolved we can loan you money with no interest This can be very helpful when youre trying to pay your bills while waiting for your settlement Contact us today to receive a free consultation on the FELA claim process How do I file a claim for compensation Finding a reputable attorney is the first step to success in a FELA case The attorney can help you demonstrate that youre eligible and clear hurdles such as the burden of proof They can also aid you with filing your claim within the threeyear statute of limitation A licensed attorney can ensure that you have all the documentation needed to support your claim This includes medical records incident reports photographs and other evidence Documentation is vital for FELA claims as it allows you to prove that your injuries were caused by incidents at work It can also be useful in proving that your employer was negligent The next step is seeking immediate medical attention for your injuries If you are able to This is important for both your health and for your injury claim Request copies of your medical records to ensure that you have the most accurate and complete information for your case After youve received medical treatment you need to inform your employer You can fill out the official accident forms or inform your supervisor about the incident It is crucial to report the incident as early as you can since the railroad starts collecting statements photos and other evidence right after youve been injured Your lawyer will want to have the information as early in your claim as is possible since memories fade and evidence dwindles with time It is essential to retain an experienced lawyer as soon as possible after your injury If your lawyer has the required documents and documentation they can start a lawsuit against the railroad The FELA process largely mirrors personal injury lawsuits and both sides conducting thorough investigations and discussing settlement options If the parties fail to reach a settlement they will go to trial where jurors or judges decide the case If youve been injured while working for the railroad FELA provides an opportunity to claim damages that go over and above the amount youd receive from traditional workers compensation To find out more about this procedure and what experienced FELA attorneys can assist you call Schwartzapfel Lawyers today How long will it take to complete my claim The duration of a claim depends on many different factors including the severity of the injury and whether or not it is possible to return to work A skilled FELA lawyer will know how to gather and present evidence to ensure maximum compensation at federal court The benefits may cover medical bills personal injury costs and lost wages In the event of an accident which results in the death of a loved one the family can file claims for wrongful deaths FELA claims are a great way to get compensation for railroad employees who face particular risk They also provide a better opportunity than workers compensation claims to secure additional damages The process is complicated and a skilled attorney is needed to ensure that all issues are raised A lawsuit must be filed within three years of the date of the injury and the statute of limitations is strictly applied A judge will usually order mandatory mediation and settlement conferences after an action has been filed in an effort to settle the case prior to trial If the case isnt resolved in these early stages it will go to trial where a judge will determine what damages are due to the injured employee As stated among the most important aspects of a successful FELA case is making sure that all medical treatment is obtained This is vital not just for your health but also for the success in your claim If the injuries sustained by a worker arent as severe as the ones claimed by the company they may be able to argue that their injury isnt as serious as they claim The lawsuit could be denied It is also important to seek legal advice as quickly as possible following an injury A FELA lawyer can guide a victim through the entire federal court process and help them file a successful wrongful death or workers compensation claim Find lawyers or law firms that have experience in FELA cases Ask about their previous successes and seek referrals from your colleagues union representatives or others who have had similar experiences an accident on the railroad