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FELA Claims and How to File Them FELA claims bypass the limits on damages that typically apply to workers comp cases However large railroad companies may try to minimize your claim by questioning the nature and severity of your injuries Understanding the intricacies of fela claims can help you get fair compensation It can make a significant difference to seek legal representation from lawyers who specialize in these cases What is the FELA The FELA is a federal law designed to protect railroad workers It allows injured employees to sue their employers and recover damages including medical expenses loss of wages pain and suffering and much more In contrast to claims for workers compensation FELA allows monetary payouts to be decided by juries rather than according to a predetermined benefit schedule under state laws This permits employees to receive higher payouts but it also demands that they demonstrate their case Other federal laws like the Locomotive Inspection Act or Railroad Safety Appliance Act which can aid a workers claim by making proving that the railroad company violated workplace safety standards more straightforward These laws can help to strengthen a claim when an accident occurred prior to the threeyear period of limitation for FELA claims It is essential to select a lawyer who is familiar with your particular type of work as theyll be able to guide you through the process more smoothly and quickly If you can choose an attorney who has worked with other clients in your field of work as they may have faced similar issues you are facing and provide valuable advice based on their experiences Another crucial point to be aware of is that the FELA does not bar contractors from filing injuries claims Contractors are often used by larger rail companies on a temporary basis or for special projects but even if theyre considered to be employees of the railroad they may still be held liable under FELA when theyre negligent in their job You should also take the time to complete all forms youre required to fill in during the FELA procedure since they are often designed by the railroads attorneys or claims department in order to gather information they can use to weaken a claim If youre not sure of how to answer the questions on the form call your union representative as soon as possible and ask them to 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 fear that filing a FELA complaint will 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 injuries sustained at work If you think your employer has violated FELA dont hesitate to reach us for help If youve suffered an injury your first priority should be to seek medical attention as soon as possible When you are stabilized We recommend to contact a seasoned FELA attorney Our lawyers can help you to understand the process and your options They can also assist in filing your claim After you make a claim with the railroad company they are given 3060 calendar days to respond The court will then set a discovery plan in which both parties will share evidence Paper discovery documents medical records documents and medical records etc and depositions of witnesses will be part of the plan Both sides can also file motions to challenge certain evidence It is essential to give the full extent of your injury This includes future medical costs and other damages fela accident attorney can ensure you receive the maximum amount of compensation The courts will assign a percentage of the fault to each party which will affect your award Our lawyers will help you fight for your rights in court and we are not willing to go to trial if needed You may be able to settle your case before trial depending on the circumstances surrounding your injury Our FELA attorneys will help you negotiate with your employer and 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 assist you with filing your claim addressing any questions your insurer or employer might have and obtaining the necessary medical documentation to support your claim We may even loan you money with no interest while your case is still pending This can be a tremendous assistance if youre struggling pay your bills while waiting for your settlement Contact us today to receive a free consultation regarding the FELA claim process How do I file an action for compensation The first step in a successful FELA claim is to hire a skilled attorney They can assist you to establish your eligibility and clear hurdles such as the burden of proof required They can also assist you to file your claim within the threeyear period of limitations A qualified attorney can also ensure that you have all the documentation required to support your claim This includes medical records incident reports photographs and other evidence Documentation is essential for FELA claims since it can help to demonstrate that your injuries are a result of workplacerelated accidents It could be helpful in showing that your employer was negligent If you can seek immediate medical attention if you have been injured This is essential for your health and for your injury claim Get copies of your medical records to ensure that you have the most accurate and complete information for your case After youve received medical treatment you need to report your injury to your employer You can do this either by making an official accident report or notifying your supervisor of the accident You should do this as quickly as you can since the railroad begins collecting statements photographs and other evidence immediately after an injury occurs Your lawyer must know the information as soon as possible in order to begin your claim since memories fade and evidence is lost as time passes Its important to hire an experienced attorney immediately after the accident If your lawyer has the required documents they will file a lawsuit against the railroad The FELA process largely mirrors personal injury lawsuits with both sides conducting thorough investigations and discussing settlement options If the parties fail to reach a settlement they will proceed to a trial in which the judge or jury will decide the case If youve suffered an injury while working for the railroad FELA provides an opportunity to claim damages that go over and above what you could receive through traditional workers compensation To find out more about this procedure and what experienced FELA attorneys can assist you call Schwartzapfel Lawyers today How do I expect to take to process my claim The time frame for filing a claim is dependent on a variety of factors including the severity of an injury and if its possible to resume work A knowledgeable FELA lawyer will know how to gather and present evidence to get the maximum amount of compensation in federal court The benefits may be used to pay medical bills personal injury costs and lost wages In the case of an accident that causes death family members can file an action for wrongful death FELA claims are a reflection of the unique risks associated with railroad jobs and offer an excellent opportunity to secure damages that are above and beyond what is available in workers compensation cases However the process is complicated and requires a skilled lawyer to make sure that all issues are discussed and resolved A lawsuit must be filed within three years from the date of the injury and the time limit for filing a lawsuit is strictly applied A judge may usually call for mandatory mediation and settlement conferences after an action has been filed in an effort to settle the matter prior to trial If the case doesnt settle at these stages it will be subject to trial where a judge will determine what damages are due to the employee who was injured As mentioned as one of the most important elements of the success of a FELA case is ensuring that all necessary medical treatment is obtained This is important not only for your health but for the success of your claim If the injuries suffered by a worker arent as severe as the ones claimed by the company they might be able to argue that the injury isnt as serious as claimed The suit could be denied It is also crucial to seek legal advice as fast as you can after an injury A FELA lawyer can guide a victim through the entire federal court process and assist in filing a successful wrongful death or workers compensation claim When seeking an attorney or law firm choose one that specializes in FELA cases and have a track of success Ask about their previous successes and ask for suggestions from other railroad accident victims union representatives or colleagues