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FELA Claims and How to File Them FELA claims bypass the limits on damages which are usually applicable to workers comp cases However big railroad companies may try to reduce your claim by questioning the nature and severity of your injuries Understanding the complex fela claims can help you receive fair compensation Legal representation from lawyers who specialize in fela claims can make a huge difference What is the FELA The FELA is an array of federal laws designed to protect railroad workers It allows injured employees to sue their employer and recover damages including medical expenses as well as loss of wages along with pain and suffering and many more Unlike workers comp claims FELA allows monetary payouts to be decided by juries rather than according to a predetermined benefit schedule under state laws This allows workers to receive much higher award amounts but it also requires a higher burden of evidence for an employee to prevail in a court In addition to FELA and FELA there are other federal laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act that can make a difference for a workers claim by making it easier to prove the railroad company breached workplace standards These other statutes may help strengthen a claim if an accident occurred prior to the threeyear period of limitation for FELA claims It is essential to select a lawyer familiar with your kind of work since they will be able to guide you through the process more smoothly and swiftly Find a lawyer who has worked with clients in your field They might have faced similar issues to you and will be able to give you useful advice Another crucial point to be aware of is that the FELA does not exclude contractors from filing injury claims Contractors are often employed by large rail companies to perform temporary work or for special projects However although they arent considered directly employees of the railroad FELA can still hold them accountable if theyre negligent in their job You should also carefully complete all forms that you are required to complete during the FELA procedure since they are often designed by the railroads attorneys or claims department in order to collect information that they could use to weaken the claim If youre unsure of how to respond to questions on the form call your union representative right away and have them explain what options are available to you Its also crucial to take photos of any locations or machinery involved in your injury as well as keeping track of your expenses and the severity and nature of your injuries What are my rights as a citizen Many employees are concerned that filing a FELA complaint will adversely affect their relationship with their employers or cause them to suffer negative consequences However FELA explicitly prohibits employers from retaliating against employees who seek compensation for workrelated injuries If you believe your employer has violated FELA Dont be afraid to contact us for help If youve suffered an injury your first priority should be to seek medical assistance as soon as you can When you are stabilized we recommend that you consult with a knowledgeable FELA attorney Our lawyers can help you understand the process and your options They can also assist you to with the filing of your claim If you submit a claim to the railroad company they have 3060 calendar days to respond The court will set a discovery plan where both parties will be able to exchange evidence This will include documents for discovery documents and medical records and witness depositions Both sides can also file motions to contest some of the evidence It is crucial to provide the full extent of your injury This includes future medical costs as well as other damages Our lawyers can ensure you receive the maximum amount of compensation The courts will assign a percentage of the fault to each party which could affect your award Our attorneys will fight for your rights in court and arent afraid to go to trial if needed You may be able settle your case before trial depending on the circumstances that led to your injury Our FELA attorneys can help you negotiate with the employer to reach a fair settlement We will be your advocate throughout the duration of your FELA claim if you hire us We will assist you with filing your claim answer any questions your employer or insurance company may ask and assist you in getting the right medical documents to support your claim While your case is pending we can loan you money with no interest 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 on the FELA claim process How can I make a claim Hiring a qualified attorney is the first step towards success in a FELA case This person can help you prove that youre eligible while overcoming hurdles such as the burden of proof They can also help you file your claim within the 3year statute of limitations A qualified attorney can also ensure that you have all the documentation necessary to support your claim This includes medical records incident reports as along with photographs and other evidence Documentation is essential for FELA claims because it helps to establish that your injuries were a result of workplacerelated accidents It can also be useful for demonstrating that your employer was negligent The next step is seeking immediate medical attention for your injuries If you are able to This is not just for your health but also for your injury claim Be sure to obtain copies of all your medical records to ensure that you have the most comprehensive and accurate information for your situation You must inform your employer about your injury after you have received medical treatment You can either fill out an official accident forms or tell your supervisor about the incident It is important to take action as soon as possible because railroads begin collecting statements photos and other evidence as soon as an injury occurs Your lawyer should have the details as early in your claim as possible since memories fade and evidence is lost as time passes Its important to hire an experienced attorney as soon as you can after youve suffered an injury When your lawyer has all the evidence they require theyll make a claim against the railroad The FELA procedure is largely similar to personal injury lawsuits and both sides conducting extensive investigations and discussing settlement options If the parties cant reach a settlement they will go 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 over and above the amount youd receive from 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 do I expect my claim to take The timeframe for a claim is contingent on a variety of factors including the severity of an injury as well as whether or not its possible to return to work A skilled FELA lawyer will know how to gather evidence and present it to secure maximum compensation in federal court The benefits may cover medical bills as well as personal injury expenses and lost wages In the case of a fatal accident a wrongful death claim can be filed by family members FELA claims reflect the unique risks of railroad jobs and provide an excellent opportunity to secure damages that go above and beyond those available in workers compensation cases The process is complicated and an experienced attorney is needed to ensure that all issues are taken care of The statute of limitations requires that an action be filed within 3 years from the date of injury Once the lawsuit is filed the judge will usually require mediation and settlement conferences in an attempt to settle the matter without trial If the case isnt settled at this point the case will be taken to trial by the judge who will decide the amount of damages due to the injured worker As we have already mentioned obtaining all the necessary medical treatment required for the successful FELA claim is crucial This is critical not only for the health of the injured worker but also to ensure the success of the case If the injuries sustained by a worker arent as severe as claimed by the company they could be able argue that the injury isnt as serious as they claim The suit could be denied Furthermore it is essential that a person seek legal advice as soon as is possible after an injury fela lawyers can assist a victim through the entire federal court process and assist them in filing an effective wrongful death or workers compensation claim Look for attorneys or law firms that have experience with FELA cases Ask about their previous success and request recommendations from other railroad accident victims union representatives or colleagues