FELA Claims and How to File Them

FELA claims do not have the same limitations on damages as workers' compensation claims. However, large railroad companies could attempt to reduce your claim by denying the nature and extent of your injuries.

Understanding the complicated fela claims can ensure that you receive a fair amount of compensation. It can make a huge difference to seek legal advice from attorneys that specialize in these cases.

What is the FELA?

The FELA is a federal employers’ Liability act law that was created to safeguard railroad employees. It permits injured employees to sue their employer and recover damages, including medical expenses, loss of wages, pain and suffering, and much more. Contrary to claims for workers' compensation which are not covered by the FELA, the FELA allows for monetary compensation decided by juries rather than following pre-determined benefits schedules under state law. This allows employees to receive higher award amounts but also requires that they demonstrate their case.

In addition to FELA and FELA, there are other federal laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act that could strengthen a worker's case by making it easier to prove the railroad company did not adhere to workplace standards. These other statutes can aid in making a claim stronger in the event that the accident occurred outside of the three-year period of limitations that applies to all FELA cases.

It's important to choose an attorney who is that is familiar with the type of work, as they will be able to guide you through the process more smoothly and efficiently. Find a lawyer that has worked with clients in your area. They may have experienced the same problems as you and can provide you with useful advice.

Another crucial point to be aware of is that the FELA does not bar contractors from filing injuries claims. Contractors are frequently used by large rail companies for temporary work or for special projects. However even though they are not considered direct employees of the railroad, FELA can still hold them liable if they are negligent in their work.

It's important to take your time when you complete any forms you have to complete as part of the FELA process, since they're often designed by the railroad's lawyers or claims department to get information that they can use to weaken your claim. If you're unsure of how to respond to questions on the form, call your union representative as soon as possible and ask them to explain the options are available for you. Also, take pictures of the place or equipment involved in your accident and keep track of all your expenses, as well as the severity and nature of your injuries.

What are my rights as an American citizen?

Many workers worry that filing a FELA claim could sour their relationship with their employer or lead to 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 Don't hesitate to reach us for assistance.

After you have been injured, your primary priority is to seek medical assistance as soon as you can. When you are stabilized, we recommend that you consult with a knowledgeable FELA attorney. Our attorneys can explain the process and assist you in understanding the options available to you. They can also help you make a claim.

After you file a claim with the railroad company, they have 30 to 60 calendar days to respond. The court will then arrange a discovery plan, where both parties will share evidence. This will include documents for discovery (documents and medical records) and witness depositions. Both sides could also file motions to challenge certain aspects of the evidence.

It is crucial to understand the full extent of your injuries, including future medical needs and other damages. Our lawyers will be able to get you the maximum amount of compensation.

The courts will assign each party a percentage of the blame, which can impact your award. Our lawyers will defend your rights in court and aren't unwilling to go to trial if needed.

You may be able to settle your case prior to trial based on the circumstances surrounding your injury. Our fela claims railroad employees attorneys will assist you negotiate with your employer to reach an agreement that is fair.

When you hire our company, we will be your legal representative for the duration of your FELA case. We will help you file your claim, answer any questions your employer or insurance company might have, and assist in getting the right medical documents to bolster your claim.

We can even advance you money, interest free during the time your case is in the process of being resolved. This could be a huge aid if you're struggling to pay bills while you wait for your settlement. Contact us today for a complimentary consultation on the FELA claims process.

How do I make a claim?

Employing a competent attorney is the first step to a successful FELA case. The attorney can help you establish your eligibility and clear hurdles such as the burden of proof required. They can also help you make your claim within the three-year statute of limitations. In addition, a qualified lawyer can ensure that you have the proper documentation for your case. This includes medical records, incident reports photographs and other evidence. Documentation is essential for FELA claims as it can help you prove that your injuries were the result of work-related incidents. It can help in showing that your employer was negligent.

The next step is seeking immediate medical attention for your injuries should you be able to. This is essential for your health and your injury claim. Be sure to get copies of all your medical records to ensure that you have the most comprehensive and accurate information to support your claim.

After you've received medical treatment, it is important to notify your employer. You can do this by filing an official accident report or by notifying your supervisor of the incident. It is crucial to report the incident as early as you can since the railroad starts collecting statements, photos and other evidence immediately after you've been injured.

Your lawyer will want to have the information as early on in your claim as possible since memories fade and evidence dwindles as time passes. It is essential to retain an experienced lawyer immediately after you've suffered an injury.

If your lawyer has the necessary documentation, they will start an action against the railroad. The FELA process largely mirrors personal injury lawsuits, with both sides conducting extensive investigations and discussing settlement options. If the parties aren't able to agree on an agreement, they'll proceed to trial where the jury or judge will decide on the case.

If you've suffered an injury while working for a railroad, FELA provides an opportunity to claim damages that go beyond what you would receive through traditional workers' compensation. To learn more about this process and the services experienced FELA attorneys can assist you, call Schwartzapfel Lawyers today.

How long will it take to take to process my claim?

The duration of a claim depends on many different factors such as 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 get the maximum amount of compensation in federal employers’ court. The benefits can be used to pay medical bills, personal injury costs and lost wages. In the case of a fatal accident a wrongful death claim can be filed by family members.

FELA claims are an excellent way to obtain compensation for railroad employees who face particular risk. They also provide a better opportunity than workers compensation claims to secure additional damages. The process is not easy and an experienced attorney is needed to ensure that all issues are taken care of. A lawsuit must be filed within three years of the date of injury and the statute of limitations is strictly applied.

Once the lawsuit is filed, a judge will typically order mandatory mediation and settlement conferences to attempt to settle the case without trial. If the case isn't resolved at this point, it will go to trial where the judge will determine what damages are due the employee who was injured.

As mentioned as one of the most important elements of an effective FELA case is ensuring that all necessary medical treatment is obtained. This is crucial, not only for the health of the injured worker, but as well for the success of the claim. If the injuries sustained by a worker aren't as severe as claimed by the company, they might be able to argue that the injury isn't as severe as they claim. The suit could be dismissed.

It is also essential that a person seek legal advice as soon as possible after suffering an injury. A FELA attorney can help victims navigate the federal court system and file a successful wrongful death or workers' compensation claim. When seeking an lawyer or law firm, choose one that specializes in FELA cases and have a track record. Ask about their previous successes and seek referrals from colleagues, union representatives or others who have had similar experiences with railroad accidents.