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FELA Claims and How to File Them FELA claims do not have the same restrictions on damages as workers compensation claims However the railroad companies may try to limit your claim when they question the severity of your injuries and the extent to which they are Understanding the complexities of fela claims can help you get fair compensation It can make a big difference to get legal representation by lawyers who specialize in these cases What is the FELA The FELA is an act of the federal government to safeguard railroad employees It permits injured employees to sue their employers and recover damages such as medical expenses as well as loss of wages as well as pain and suffering and much more Unlike workers comp claims FELA allows monetary payouts to be determined by juries rather than according to a predetermined benefit schedule in state law This allows workers to receive higher amount of compensation but it also requires that they prove their case Other federal laws such as the Locomotive Inspection Act or Railroad Safety Appliance Act which can help a workers case by making proving that the railroad company violated workplace standards more straightforward These other statutes can help make a claim stronger in the event that the accident occurred outside the threeyear statute of limitations which applies to all FELA cases It is essential to select an attorney who is who is familiar with your particular specific field of work as they will be able to guide you through the process more efficiently and efficiently Find a lawyer who has worked with clients in your area They might have faced the same problems as you and can offer valuable guidance Another crucial point to be aware of is that the FELA does not prohibit contractors from making injury claims Contractors are frequently employed by large rail companies for temporary projects or for special projects But even though they arent directly employees of the railroad FELA can still hold them liable if they are negligent in their duties It is also important to carefully complete all forms that youre required to fill out within the FELA procedure since they are often designed by the railroads lawyers or claims department to collect information that they can use to weaken the claim Contact your union representative immediately if you arent sure how to answer questions on the form They can explain to you the options available to you Also take pictures of the location or machinery that was involved in your accident and keep track of all your expenses as well as the nature and severity of your injuries What are my rights Many workers are worried that filing a FELA complaint will affect their relationship with their employers or result in negative consequences However FELA explicitly prohibits employers from retaliating against employees who file a claim for compensation for injuries sustained at work If you think your employer has violated FELA do not be afraid to contact us for assistance As soon as you are injured its important to seek medical attention Once youve recovered we recommend you contact an FELA attorney who has expertise Our lawyers can explain the procedure and help you understand the options available to you They can also assist you to with the filing of your claim If you file a claim with the railroad company they have 3060 calendar days to respond The court will then schedule a discovery plan so that both parties can share evidence This could include documents for discovery documents and medical records and witness depositions Both sides may also file motions to dispute certain evidence It is crucial to disclose the full extent of your injury This includes future medical costs as well as other damages Our lawyers can get you the maximum amount of compensation The courts will give each party a percentage of the blame which may impact the amount you receive Our attorneys will fight for your rights in court and arent unwilling to go to trial if necessary Based on the circumstances of your injury you might be in a position to settle your case without having to go to trial Our FELA lawyers can assist you to negotiate with the 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 answering any questions your insurer or employer might have and obtaining the required medical documents to support your claim If your case is still pending we are able to loan you money with no interest This can be very helpful when youre struggling to pay your bills while waiting for your settlement Contact us today to receive nocost consultation on the FELA claim process How do I make an action for compensation The first step to a successful FELA claim is hiring an experienced attorney This person can help you prove that youre eligible while overcoming hurdles such as the burden of proof required They can also assist you with filing your claim within the 3 year statute of limitation Additionally a skilled attorney can ensure that you have the proper documentation for your case This includes medical records and incident reports as in addition to photographs and other evidence Documentation is essential for FELA claims because it helps you demonstrate that your injuries were the result of workrelated incidents It could be helpful in showing that your employer was negligent The next step is seeking immediate medical treatment for your injuries If you are able to This is crucial not only for your health but also for your injury claim Obtain copies of your medical records to ensure that you have complete and accurate details for your case After receiving medical treatment you need to inform your employer You can either fill out official accident forms or inform your supervisor of the incident Its important to do this as quickly as you can since the railroad begins collecting statements photos and other evidence right after youve been injured Your lawyer should have the details as early in your case as you can because memories fade and evidence dwindles as time passes Its important to hire an experienced lawyer as soon as you can after your injury If your lawyer has the necessary documentation they will bring an action against the railroad The FELA process largely mirrors personal injury lawsuits and both sides conducting extensive investigations and discussing settlement options If the parties fail to reach a settlement they will proceed to a trial where a jury or judge will decide the case If you have been injured while working FELA can provide you with compensation that is over and above what you would receive under traditional workers compensation To learn more about this process and what experienced FELA attorneys can do for you contact Schwartzapfel Lawyers today How long will my claim be The timeframe for a claim depends on a variety of variables including the severity of an injury as well as whether or not its possible to return to work A knowledgeable FELA lawyer will know how to gather and present evidence to secure maximum compensation in federal court The benefits can be used to pay for medical expenses personal injury costs and lost wages In the case of a fatal accident a wrongful death claim can be filed by family members FELA claims are a great method of obtaining compensation for railroad workers who are subject to unique risks They also provide a better opportunity than workers compensation claims to secure additional damages However fela law firm is complex and requires an experienced lawyer to ensure that all issues are brought to light and addressed A lawsuit must be filed within three years from the date of the injury and the time limit for filing a lawsuit is strictly enforced Once the lawsuit is filed a judge will typically require mediation and settlement conferences to attempt to settle the case without going to trial If the case isnt resolved in these early stages it will be subject to trial where the judge will decide the amount of damages due to the employee who has been injured As previously mentioned among the most important aspects of an effective FELA case is ensuring that all medical treatment is provided This is vital not just for your health but also to ensure the success of your claim If a workers injuries arent as serious as they were claimed by the company they may be able to argue that their injury isnt as serious as claimed The suit could be dismissed It is also essential that one seek legal advice as soon as is possible after an injury A FELA lawyer can assist a victim through the entire federal court process and assist in filing an effective wrongful death claim or workers compensation claim When looking for an lawyer or law firm look for those that specialize in FELA cases and have a solid track of success Ask about their past successes and seek recommendations from other railroad accident victims union representatives or colleagues