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FELA Claims and How to File Them FELA claims do not have the same limitations on damages as workers compensation cases However large railroad companies may attempt to limit your claim by questioning the nature and severity of your injuries Understanding the complexities of fela claims will help you receive fair compensation Getting legal advice from lawyers who specialize in fela claims can make all the difference What is the FELA The FELA is a federal law designed to safeguard railroad employees It permits injured workers to sue their employers and recover damages including medical expenses wages lost pain and suffering and much more Unlike workers compensation claims the FELA allows for monetary payouts determined by juries instead of following predetermined benefits schedules set by the law of the state This allows workers to receive higher payouts but it also demands that they present their case Other federal laws like the Locomotive Inspection Act or Railroad Safety Appliance Act could strengthen a workers case by making the case that the railroad company was in violation of workplace standards simpler These other statutes can assist in making a claim more convincing in the event that the accident occurred outside of the threeyear period of limitations which applies to all FELA cases It is important to select an attorney who has expertise in the field you work in They will be able guide you through the entire process more efficiently and quickly Choose a lawyer who has worked with clients in your area They might have faced the same issues as you and will be able to give you useful advice Its important to remember that the FELA does not prohibit contractors from filing lawsuits for injury Contractors are often employed by large rail companies for temporary work or for special projects But although they arent considered direct employees of the railroad FELA can still hold them liable if they are negligent in their work Its also important to carefully complete any forms you have to complete as part of the FELA process since theyre often created by the railroads lawyers or claims department to gather information they can use to reduce your claim Contact your union representative immediately if arent sure how to answer questions on the form Theyll be able to explain to you the options available Its also important to take photos of any locations or machinery that may be involved in your injury and keep an eye on your expenses and the nature and severity of your injuries What are my rights Many workers are worried that filing a FELA complaint will negatively impact their relationship with their employers or cause them to suffer negative consequences FELA prohibits employers from retaliating towards employees who seek compensation for workrelated injuries Contact us if you believe that your employer has violated FELA After youve been injured your primary priority should be to seek medical assistance as soon as you can After youve stabilized we suggest that you speak with a FELA attorney with experience Our attorneys can explain the procedure and assist you in understanding your options They can also help you file your claim If you submit a claim to the railroad company they have 30 to 60 calendar days to respond The court will set an investigation plan in which both parties will be able to exchange evidence fela attorneys documents medical records documents and medical records etc and depositions of witnesses will be part of the plan Both parties can also file motions challenging certain aspects of the evidence It is important that you provide the full extent of your injury This includes future medical expenses and other damages Our lawyers will be able to obtain the highest amount of compensation The courts will assign a percentage of fault to each party which will affect the amount you receive Our lawyers will fight for your rights in court and arent scared to take you to trial if necessary You may be able settle your case before trial depending on the circumstances surrounding your injury Our FELA lawyers will assist you to negotiate with your employer to reach an agreement that is fair We will be your advocate throughout the duration of your FELA claim if you choose to hire us We will help you file your claim answer any questions your insurance company may have and assist with obtaining the proper medical documentation to bolster your claim We are able to advance you money with no interest during the time your case is in the process of being resolved This can be very helpful when youre struggling to pay your bills while waiting for your settlement Contact us to receive an initial consultation for free regarding the FELA claim process How do I file an action for compensation Hiring a qualified attorney is the first step in a successful FELA case This person can help you prove that youre eligible and clear hurdles such as the burden of proof required They can also assist in submitting your claim within the 3year statute of limitation A qualified attorney can also ensure that you have all the documents needed for your case This includes medical records incident reports photographs and other evidence Proper documentation is important for FELA claims since it can help to establish that your injuries are a result of workplacerelated accidents It is also helpful in proving that your employer was negligent If possible seek immediate medical attention if you have been injured This is crucial not only for your health but also for your injury claim Also make certain to obtain copies of all your medical records so you have the most comprehensive and accurate information you can get for your case After youve received medical treatment it is important to inform your employer This can be done by filling out an official accident report or telling your supervisor about the incident It is important to take action as soon as you can since railroads begin collecting statements photographs and other evidence as soon as an injury occurs Your lawyer should be aware of the information as quickly as possible to begin your claim as memories fade and evidence is lost as time passes This is why its so crucial to get a skilled lawyer as soon as youve had an accident Once your lawyer has all the evidence they need they will make a claim against the railroad The FELA process is similar to personal injury lawsuits in that both sides conduct extensive investigations and discussing settlement options If the parties fail to reach a settlement they will go to trial where jurors or judges decide the case If youve been injured working for a railroad FELA provides an opportunity to claim damages that go beyond what you would receive through traditional workers compensation Schwartzapfel Lawyers can help you to learn more about the FELA process and how experienced FELA lawyers can do to help your case How do I expect to take to process my claim The length of time a claim can be filed is contingent on a variety of factors including the severity of the injury as well as whether or not it is possible to return to work A seasoned 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 and personal injury costs and lost wages In the event of an accident that causes death family members can make a claim for wrongful death FELA claims account for the particular risks associated with railroad jobs and offer an excellent opportunity to obtain damages that are above and beyond the ones that are available in workers compensation cases However the process is a bit complicated and requires an experienced lawyer to ensure that all issues are brought to light and resolved The statute of limitations requires that a lawsuit be filed within 3 years of the date of injury A judge is usually the one to order mandatory mediation and settlement conferences after an action has been filed in an effort to settle the case before trial If the case isnt resolved at these stages the case will be sent to trial where the judge will decide what damages are due the injured employee As we have already mentioned that obtaining all the required medical treatment for an effective FELA claim is essential 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 the ones claimed by the company they might be able to argue that the injury isnt as severe as claimed The lawsuit may be dismissed It is also essential to seek legal advice as fast as you can following an injury A FELA lawyer can guide a victim through the entire federal court process and assist in filing an effective wrongful death or workers compensation claim Look for attorneys or law firms that have experience with FELA cases Find out about their previous successes and seek suggestions from other railroad accident victims union representatives or colleagues