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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 claims However big railroad companies may attempt to limit your claim by denying the nature and extent of your injuries Knowing the nuances of fela claims can help you secure fair compensation Getting legal advice from lawyers who specialize in these cases can make a huge difference What is the FELA The FELA is an act of the federal government to safeguard railroad employees It permits injured workers to sue their employers to recover damages including medical expenses wages lost pain and suffering and much more Contrary to claims for workers compensation which are not covered by the FELA the FELA allows for monetary payouts that are decided by juries rather than following predetermined benefits schedules under the law of the state This allows workers to receive higher award amounts but also requires that they prove their case Other federal laws such as the Locomotive Inspection Act or Railroad Safety Appliance Act which can aid a workers claim by making the process of proving that a railroad company violated workplace standards simpler These other laws can aid in making a claim stronger in the event that the incident occurred outside of the threeyear period of limitations which applies to all FELA cases It is essential to select a lawyer that is familiar with the kind of work since theyll be able guide you through the process more smoothly and swiftly If you can choose a lawyer who is familiar with clients from your line of work as they may have already encountered the same issues you are facing and give you valuable advice based on their experiences Its important to remember that the FELA does not bar contractors from filing injury lawsuits Contractors are often employed by large rail companies to perform temporary work or for special projects But although they arent considered directly employed by the railroad FELA can still hold them accountable if theyre negligent in their duties You should also carefully fill out all forms you are required to complete within the FELA procedure as they are typically designed by the railroads lawyers or claims department in order to gather information that they could use to weaken the claim Contact your union representative right away if you are unsure of how to respond to questions on the form They can explain to you what options you have It is also essential to take photos of any equipment or locations that may be involved in your injury and keep track of your expenses and the nature and severity of your injuries What are my rights as an American citizen Many employees are concerned that filing a FELA complaint will adversely affect their relationship with their employers or result in negative consequences FELA prohibits employers from retaliating against employees who seek compensation for workrelated injuries Contact fela accident attorney if you believe that your employer has violated the FELA After youve been injured your first priority should be to seek medical attention as soon as possible Once you are stable We recommend that you contact an experienced FELA attorney Our attorneys can assist you understand the process and your options They can also assist in submitting your claim After you have filed an action the railroad company will have 30 to 60 days to respond The court will then schedule a discovery plan in which both parties will exchange evidence Paper discovery documents medical records documents etc and depositions of witnesses will be included Both sides can also file motions to challenge certain aspects of the evidence It is important that you disclose the complete extent of your injuries This includes future medical expenses and other damages This will enable our lawyers to pursue the highest amount youre entitled to The courts will give each party a proportion of blame which could impact the amount you receive Our lawyers will fight for your rights in court and arent afraid to go to trial if necessary Depending on the circumstances surrounding your injury you may be able to settle your case without going to trial Our FELA lawyers can assist you to negotiate with the employer to reach a fair settlement When you hire our company as your legal representatives throughout the duration of your FELA case We will assist you in filing your claim answer any questions your employer or insurance company may ask and assist you in getting the appropriate medical documentation to bolster your claim We may even loan you money with no interest in the event that your case is pending This can be extremely helpful in the event that you are trying to pay your bills while waiting for your settlement Contact us for a free consultation about the FELA claims process How do I file a claim Employing a competent attorney is the first step towards a successful FELA case This person can help you prove that youre eligible while overcoming hurdles such as the burden of proof required They can also aid you in submitting your claim within the threeyear period of limitation A licensed attorney can ensure that you have all the documents necessary to support your claim This includes medical records incident reports as along with photographs and other evidence Documentation is crucial for FELA claims as it can help you 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 to seek immediate medical treatment for your injuries if possible This is important not only for your health but also for your injury claim Obtain copies of your medical records to ensure that you have the most accurate and complete details for your case After youve received medical treatment it is important to inform your employer You can fill out the an official accident form or inform your supervisor about the incident You should complete this as quickly as possible because railroads begin collecting statements photographs and other evidence when an injury occurs Your lawyer should know the information as soon as possible to begin your claim because memories fade and evidence is lost over time It is crucial to find an experienced attorney as soon as you can after the accident When your lawyer has all the documents they require theyll bring suit against the railroad The FELA process largely mirrors personal injury lawsuits and both sides conducting extensive investigations and discussing settlement options If the parties cant agree on a settlement they will proceed to trial where the jury or judge will decide on the case If youve been injured working for a railroad FELA provides an opportunity to recover damages that are above and beyond what you would receive through traditional workers compensation Schwartzapfel Lawyers can help you understand the FELA procedure and the expertise of FELA lawyers can do to help your case How long will my claim be The timeframe for a claim is contingent on a variety of factors including the severity of an injury and whether or not it is possible to return to work A skilled FELA lawyer will know how best to gather and present evidence to secure maximum compensation in federal court Benefits can be used to pay for medical costs personal injury costs and lost wages In the event of an accident which results in death family members can bring a claim for wrongful death FELA claims are a reflection of the unique risks associated with railroad work and offer an excellent opportunity to obtain damages that go above and beyond what is that are available in workers compensation cases However the process is complicated and requires a skilled lawyer to ensure that all issues are raised and addressed The statute of limitations stipulates that a lawsuit be filed within three years from 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 trial If the case doesnt settle at this point it will be subject to trial where the judge will determine what damages are due the employee who was injured As previously mentioned among the most important aspects of a successful FELA case is ensuring that all necessary medical treatment is sought This is important not just for your health but for the success in your claim If the injuries sustained by a worker arent as severe as claimed by the company they may be able argue that the injury isnt as severe as claimed The lawsuit may be dismissed Furthermore it is essential that a person seek legal advice as soon as is possible following an injury A FELA lawyer can assist victims navigate the federal court system and file a successful 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 Find out about their past successes and ask for recommendations from colleagues or union representatives who have had similar experiences with railroad accidents