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FELA Claims and How to File Them FELA claims bypass the limits on damages that are typically applicable to workers comp cases However the big railroad companies could try to minimize your claim by questioning the nature and extent of your injuries 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 cases What is the FELA The FELA is an array of federal laws designed to protect railroad workers It permits injured workers to sue their employer and recover damages such as medical expenses loss of wages 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 payments that are decided by juries rather than according to predetermined benefits schedules set by state law This permits workers to receive higher award amounts but also requires that they demonstrate their case In addition to FELA there are other federal laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act which can help a workers case by making it easier to prove the railroad company did not adhere to workplace standards These other statutes can aid in making a claim stronger in the event that an accident occurred outside of the threeyear statute of limitations which is applicable to all FELA cases It is important to select an attorney with prior experience in your area of expertise They will be able guide you through the entire process faster and more efficiently If possible find a lawyer who is familiar with clients from your line of work and have already encountered the same problems you face and offer you valuable advice from their experiences Another important point to keep in mind is that the FELA does not prohibit contractors from filing injury claims Contractors are frequently 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 may still be held accountable under FELA if theyre negligent in their work Its also important to carefully fill out any forms that you have to complete as part of the FELA procedure as theyre typically created by the railroads lawyers or claims department in order to collect information they could use to weaken your claim Contact your union representative immediately if are unsure how to answer questions on the form They will be able to tell you what options you have Also take pictures of the location or machinery involved in your accident and keep the track of all your expenses as well as the nature and severity 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 lead to negative consequences FELA prevents employers from retaliating against employees who seek compensation due to workrelated injuries If you believe your employer has violated FELA Dont hesitate to contact us for help As soon as you are injured it is crucial to seek medical treatment Once you are stable we suggest that you contact an experienced FELA attorney Our attorneys can explain the procedure and assist you in understanding your options They can also help you file your claim When you make a claim with the railroad company they are given 30 to 60 calendar days in which to respond The court will then schedule a discovery plan in which both parties will share evidence This includes paper discovery documents and medical records and witness depositions Both sides may also file motions to contest some of the evidence It is important to get the full scope of your injury which includes future medical requirements and other damages This will allow our lawyers to pursue the highest amount you deserve The courts will assign each party a proportion of the blame which may affect your award Our lawyers will assist you fight to protect your rights in court and were not afraid to take a case to trial if needed Based on the circumstances of your injury you might be able 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 deal When you hire our company we will be your legal representative for the duration of your FELA case We will assist you in filing your claim answering any questions your insurance company or employer may have and obtaining the required medical documents to prove your claim While your case is in the process of being resolved and were awaiting your case to be resolved we can provide you with money without interest This can be a great help if youre struggling to pay bills while you wait for your settlement Contact us today to receive a free consultation regarding the FELA claim process How do I file a claim Hiring a qualified attorney is the first step to success in a FELA case This person can help you prove that you are eligible and in overcoming hurdles like the burden of evidence They can also assist you to file your claim within the 3year statute of limitations A licensed attorney can ensure that you have all the evidence necessary to support your claim This includes medical records incident reports as along with photographs and other evidence Documentation is vital for FELA claims since it helps you prove your injuries were the result of incidents at work It can also be useful in proving that your employer was negligent The next step is to seek immediate medical attention for your injuries should you be able to This is crucial for your health and for your injury claim Also make sure to get copies of all medical records to ensure you have the most comprehensive and accurate information available for your situation After receiving medical treatment it is important to notify your employer You can fill out the an official accident form or tell your supervisor about the incident It is crucial to report the incident as soon as you can because the railroad begins gathering statements photos and other evidence right after youve been injured Your lawyer will want to have the information as early on in your claim as possible because memories fade and evidence is lost with time fela lawyer is crucial to find an experienced attorney immediately after the accident When your lawyer has all the evidence they require theyll make a claim against the railroad The FELA process is similar to personal injury lawsuits Both parties conduct extensive investigations and discuss settlement options If the parties are unable to reach a settlement they will proceed to a trial in which jurors or judges decide the case If youve suffered an injury while working for the railroad FELA provides an opportunity to claim damages that go above and beyond the amount youd receive from traditional workers compensation To know more about the process and what skilled FELA attorneys can do for you contact Schwartzapfel Lawyers today How is the time it will take to take to process my claim The timeframe for a claim is contingent on a variety of factors including the severity of an injury and whether or not its possible to return to work A skilled FELA lawyer will know how to gather and present evidence to get the maximum amount of compensation in federal court Benefits can be used to pay for medical expenses personal injury costs and lost wages In the event of an accident which results in death the family members may bring a claim for wrongful death FELA claims are an excellent way to obtain compensation for railroad employees who face particular risk They also give you a better opportunity than workers compensation claims to obtain additional damages However the process is complex and requires an experienced lawyer to ensure that all issues are brought to light and addressed The statute of limitations requires that the lawsuit be filed within 3 years of the date of injury Once the lawsuit is filed the judge will usually order mandatory mediation and settlement conferences in an attempt to settle the case without going to trial If the case doesnt settle at this stage the case will eventually be heard by an individual judge who will decide the damages due to the injured worker As weve previously mentioned getting all the required medical treatment required for an effective FELA claim is crucial This is critical not only for the health of the injured employee but as well to ensure the success of the case If a worker doesnt receive adequate medical treatment the company may be in a position to argue that the injuries are not as severe as they claim and the suit could be dismissed Furthermore it is essential that a person seek legal advice as soon as possible after suffering an injury A FELA attorney can help victims navigate the federal court system and file a successful wrongfuldeath or workers compensation claim When seeking an attorney or law firm choose one that specializes in FELA cases and have a proven track record Ask about their previous successes and ask for referrals from other railroad accident victims union representatives or colleagues