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FELA Claims and How to File Them

FELA claims are able to bypass the limitations on damages that are typically applicable to workers' compensation cases. However, large railroad companies could attempt to reduce your claim by denying the nature and extent of your injuries.

Understanding the complexities of fela claims can help you obtain fair compensation. It can make a big difference to seek legal representation from attorneys that specialize in these types of cases.

What is the FELA?

The FELA is an act of the federal government to protect railroad workers. It allows injured employees to sue their employers and recover damages, including medical expenses, lost wages along with pain and suffering and much more. Contrary 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 enables workers to receive significantly more substantial amounts of money, but it also imposes a higher burden of evidence for an employee to prevail in a case.

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

It is essential to choose a lawyer who has expertise in your field of work. They will be able to guide you through the entire process more efficiently and quickly. Choose a lawyer who has worked with clients in your area. They may have experienced the same problems as you and can give you valuable advice.

Another crucial point to be aware of is that the FELA does not exclude contractors from making injuries claims. Contractors are frequently employed by major rail companies for temporary work or special projects. But, even though they aren't considered directly employed by the railroad, FELA can still hold them liable if they are negligent in their duties.

It is also important to carefully fill out all forms you are required to complete in the FELA procedure, since they are typically created by railroads attorneys or claims department to gather information they could use to weaken the claim. Contact your union representative immediately if you are unsure how to answer questions on the form. They'll be able to explain to you the options available to you. It is also essential to have photographs taken of any machinery or locations that may be involved in your injury and keep an eye on 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. FELA prevents employers from retaliating against employees who seek compensation for work-related injuries. Contact us if you believe your employer has violated the FELA.

After you've been injured, your first priority should be to seek medical assistance as soon as you can. After you've stabilized, we recommend you contact an FELA attorney who has experience. Our attorneys can help you understand the process and your options. They can also help you file your claim.

After you file a claim with the railroad company, they are given 30 to 60 calendar days to respond. The court will then schedule an investigation plan in which both parties can share evidence. Paper discovery (documents medical records, documents, etc.) and depositions of witnesses will be taken. Both parties may also file motions disputing some of the evidence.

It is crucial to disclose the complete extent of your injuries. This includes future medical costs as well as other damages. Our lawyers will be able to get you the maximum amount of compensation.

The courts will assign a percentage of fault to each party, which could affect your award. Our lawyers will defend your rights in court and are not scared to take you to trial if necessary.





Depending on the circumstances of your injury, you may be able to settle your case without having to go to trial. Our FELA attorneys can help you negotiate with your employer to reach a fair settlement.

We will assist you throughout the duration of your FELA claim if you hire us. We will help you file your claim, answer any questions your employer or insurance company may ask, and assist you in obtaining the proper medical documentation to bolster your claim.

We are able to advance you money, interest free during the time your case is pending. This can be very helpful when you're struggling to pay your bills while waiting for your settlement. Contact us for a free consultation about the FELA claims process.

How do I submit an application for compensation?

Hiring a qualified attorney is the first step in an effective FELA case. They can assist you to demonstrate that you're eligible while clearing hurdles like the burden of proof. They can also aid you in filing your claim within the three-year statute of limitation. Additionally, a skilled attorney will make sure that you have proper documentation for your case. This includes medical records, incident reports, as along with photographs and other evidence. Proper documentation is crucial for FELA claims as it helps you demonstrate that your injuries were the result of work-related incidents. It can help in showing that your employer was negligent.

The next step is to seek immediate medical treatment for your injuries if possible. This is essential for your health and your injury claim. Get copies of your medical records to ensure that you have the most accurate and complete information regarding your case.

It is your responsibility to inform your employer of your injury after you have received medical treatment. You can either fill out an an official accident form or inform your supervisor of the incident. It is important to complete this as quickly as you can because railroads begin collecting statements, photos and other evidence as soon as an injury occurs.

Your lawyer will want to have the details as early in your claim as possible since memories fade and evidence disappears with time. This is why it's so important to find a reputable attorney right away after your injury.

When your lawyer has all the necessary documentation, they will bring a lawsuit against the railroad. The FELA procedure is similar to personal injury lawsuits. Both sides conduct thorough investigations and talk about settlement options. If the parties cannot agree on a settlement, they proceed to a trial in which a jury or judge will decide the case.

If you have been injured on the job, FELA can provide you with compensation that is above and beyond those you would get under traditional workers' compensation. To find out more about this procedure and the services experienced FELA attorneys can do for you, contact Schwartzapfel Lawyers today.

How do I expect to process my claim?

The timeframe for a claim depends on a variety of variables including the severity of an injury, as well as whether or not it's possible to return to work. However, a knowledgeable FELA lawyer will be able to gather and present the evidence required to secure maximum compensation in federal court. The benefits can be used to pay for medical expenses as well as personal injury expenses and lost wages. In the case that a fatal accident occurs, a wrongful death claim may also be filed on behalf of family members.

FELA claims are a great way to get compensation for railroad employees who face particular dangers. They also provide a better opportunity than workers compensation claims to obtain additional damages. The process is complicated and an experienced attorney will be needed to ensure that all issues are addressed. The statute of limitations demands that the lawsuit be filed within three years of the date of injury.

After the lawsuit is filed, a judge will typically require mediation and settlement conferences in an attempt to settle the matter without going to trial. If the case doesn't settle at this point, the case will be taken to trial by an individual judge who will decide the damages due to the injured worker.

As we have already mentioned, obtaining all the necessary medical treatments for a successful FELA claim is crucial. This is important not just for your health but also to ensure the success of your claim. If the injuries sustained by a worker aren't as serious as they were claimed by the company, they might be able argue that the injury isn't as severe as they claim. The suit could be denied.

Furthermore, it is essential to seek legal advice as soon as possible following an injury. A FELA lawyer can help a victim navigate the whole federal court process and assist in filing an effective wrongful death claim or workers compensation claim. When seeking an lawyer or law firm, look for those that specialize in FELA cases and have a solid track of success. Inquire about their past successes and ask for recommendations from colleagues, union representatives or others who have had similar experiences as a railroad accident.