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FELA Claims and How to File Them FELA claims are not subject to the same limitations on damages as workers compensation cases However big railroad companies might attempt to limit your claim by questioning the nature and extent of your injuries Understanding the complexities of fela claims will ensure that you receive a fair amount of 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 that are designed to protect railroad workers It permits injured workers to sue their employers to recover damages including medical expenses lost wages pain and suffering and much more Contrary to claims for workers compensation FELA allows monetary payouts to be decided by juries instead of according to a predetermined benefit schedule in state law This permits workers to receive higher payouts but it also demands that they present their case In addition to FELA in addition there are additional federal laws like the Locomotive Inspection Act and Railroad Safety Appliance Act that could make a difference for a workers claim by making it easier to prove the railroad company did not adhere to workplace standards These other laws can help make a claim stronger in the event that the incident occurred outside the threeyear statute of limitations that applies to all FELA cases It is essential to choose a lawyer who has prior experience in your area of expertise They will be able guide you through the entire process faster and more efficiently Choose a lawyer who has worked with clients in your field They may have encountered the same issues as you and can offer valuable guidance Another important point to keep in mind is that the FELA does not exclude contractors from making injuries claims Contractors are frequently used by large rail companies for temporary work or for special projects However even though they arent considered directly employees of the railroad FELA can still hold them accountable if theyre negligent in their duties You should also take the time to complete all forms that you are required to complete in the FELA procedure as they are often designed by the railroads lawyers or claims department in order to collect information that they can use to weaken a claim If youre not sure of what to do to answer questions on the form call your union representative as soon as possible and have them explain what alternatives are available to you Also you should take photographs of the location or machinery that was involved in the accident and keep an account of 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 could sour their relationship with their employer or lead to negative consequences However FELA explicitly prohibits employers from punishing employees who file a claim for compensation for workrelated injuries If you believe your employer has violated FELA do not be afraid to contact us for assistance As soon as you are injured it is crucial to seek medical attention After youve stabilized we suggest that you speak with a FELA attorney with experience 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 so that both parties can share evidence Paper discovery documents such as medical records documents and other documents and depositions of witnesses will be included Both parties can also file motions disputing some of the evidence It is crucial to understand the full scope of your injury including future medical requirements and other damages Our lawyers can obtain the highest amount of compensation The courts will give each party a proportion of the blame which may impact the amount you receive Our attorneys will help you fight to protect your rights in court and we are not unwilling to take a case to trial when necessary You may be able settle your case prior to trial based on the circumstances that led to your injury Our FELA attorneys can help you negotiate with your employer to reach a fair settlement We will assist you throughout the duration of your FELA claim if you choose to hire us We will help you file your claim address any questions your employer or insurance company may have and assist with getting the right medical documents to support your claim We can even advance you money without interest during the time your case is still pending This can be extremely helpful if you are trying to pay your bills while waiting for your settlement Contact us to receive nocost consultation on the FELA claim process How do I file an action for compensation The first step to a successful FELA claim is hiring an experienced attorney They can assist you to establish your eligibility while overcoming hurdles such as the burden of proof required They can also assist in filing your claim within the 3 year period of limitation Additionally a licensed lawyer can make sure that you have proper documentation for your case This includes medical records incident reports as along with photographs and other evidence Documentation is crucial for FELA claims as it helps you prove your injuries were caused by incidents at work It is also helpful 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 important for both your health and for your injury claim Also make sure to obtain copies of all your medical records to ensure you have the most comprehensive and accurate information available to support your claim After youve received medical treatment it is important to report your injury to your employer You can either fill out official accident forms or tell your supervisor about the incident It is crucial to report the incident as early as you can since the railroad begins gathering statements photos and other evidence as soon as youve been injured Your lawyer will need to know the information as soon as possible to start your claim since memories fade and evidence disappears as time passes This is why its so important to find a reputable lawyer as soon as youve had an injury Once your lawyer has the required documents they will start an action against the railroad The FELA procedure is largely similar to personal injury lawsuits and both sides conducting thorough investigations and discussing settlement options If the parties cannot agree on an agreement theyll go to trial where jurors or judges will rule on the case If youve been injured while working for a railroad FELA provides an opportunity to recover damages that are over and above what you would receive through traditional workers compensation Schwartzapfel Lawyers can help you learn more about the FELA process and how experienced FELA lawyers can do to help your case How long will my claim take The timeframe to file an action is contingent on many aspects such as the severity of a personal injury and whether its possible to resume work However a knowledgeable FELA lawyer will know how to gather and present the evidence required to obtain maximum compensation in 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 that results in the death of a loved one the family can file an action for wrongful death FELA claims account for the unique risks of railroad jobs and provide an excellent opportunity to secure damages that go above and beyond what is offered in workers compensation cases The process is complex and an experienced attorney will be needed to ensure that all issues are taken care of A lawsuit must be filed within three years of the date of the injury and the time limit for filing a lawsuit is strictly enforced A judge is usually the one to order mandatory mediation and settlement conferences after a lawsuit has been filed in order to settle the case before trial If the case isnt settled at this stage the case will be referred to trial by the judge who will decide the damages due to the injured worker As weve already discussed obtaining all the necessary medical treatment for an effective FELA claim is essential This is important not just for your health but also to ensure the success of your claim If a worker isnt getting adequate medical care The company might be in a position to argue that the injuries arent as severe as claimed and the suit may be dismissed It is also crucial to seek legal advice as fast as possible following an injury A FELA lawyer can help a victim navigate the whole federal court process and assist in filing an effective wrongful death or workers compensation claim If you are looking for an attorney or law firm seek out those who specialize in FELA cases and have a proven track record Ask about fela lawsuit settlements and seek suggestions from other railroad accident victims union representatives or colleagues