How Federal Employer Liability Act (FELA) Lawsuits Are Handled The procedure for FELA injury claims is similar to that of personal injury lawsuits. Your employer and legal representative will investigate the incident thoroughly before negotiating a settlement. This is why hiring an experienced FELA attorney is essential. A successful claim could result in the payment of medical expenses, lost wages and non-economic damages like pain and suffering. Statute of limitations The Federal Employers Liability Act (FELA) gives railroad workers with additional protections over those offered by state laws on workers' compensation. Workers compensation claims are filed and handled by the state where the injury occurred. However, FELA claims may be brought in any US court. However, as with any legal claim it is crucial to be aware of the law and how it will apply to your particular case. One of the most important aspects of the FELA case is the statute of limitations. A statute of limitation is a time-frame within which a lawsuit can be filed or dismissed. In the majority of states, an individual has two to three years to bring a civil suit for personal injuries caused by another party's negligence. The FELA statute is significantly shorter. In most cases, a person has to make a FELA lawsuit or claim within three years from the date that they knew or should have known that their injury is related to their railroad work. This three-year period is crucial, because if a worker injured or the family member of the deceased worker fails to meet it, they lose their right to pursue a lawsuit. The legal system enforces these deadlines strictly, and exceptions are rarely made. It is important that a railroad worker injured or the loved one of a deceased railroad worker, seeks an experienced lawyer as quickly as possible after their accident. In the vast majority FELA lawsuits, an injured worker can claim damages which include medical expenses loss of wages, as well as pain and suffering. These damages are awarded for both severe injuries, such as broken muscles and bones, and occupational diseases like mesothelioma or other cancers. Additionally to this, a FELA claim may also include compensation for any ancillary expenses related to the injury, like transportation costs to and from work. The key to the success of a FELA case is the thorough documentation of the injuries sustained as a result of the injury. This evidence should include medical records detailing the severity of the injured person's condition as well as its connection to the workplace incident. It is also essential to gather as much information regarding the incident at work as possible, including witnesses who could provide evidence of the facts. In the case of death, compensation is awarded to the survivor spouse or children of the deceased. In the majority of cases, a maximum of 300,000 dollars in wrongful death benefits will be granted to the surviving spouse and child. This amount can be greatly increased in the event that heirs can prove that the death was caused by a violation of the federal safety law or regulation. Statute of Repose The Federal Employers Liability Act (FELA) permits the families of railroad workers who are injured or die in the course of work to be compensated. As Supreme Court Justice William Douglas explained, FELA "puts on the industry some of the costs of eyes, legs, arms, and lives which it consumes in the pursuit of its business." In the event of an accident, illness or death, it is important to keep a report of the incident and official documentation. FELA requires that railroads provide a safe environment for its employees and to be accountable to them. The statute of limitations could bar a lawsuit if it is not filed within three years following the incident. It is essential to speak with an attorney who is familiar with FELA law and who can file your claim promptly. Contrary to claims for worker's compensation, FELA lawsuits can be filed in both federal and state court. It is simpler to make a claim in federal court if the plaintiff's lawyer is experienced in this area. The statute of limitation for FELA claims differs from the workers' compensation statute of limitations. In the majority of states, a lawsuit must be filed within a period of one or two years from the date of injury. In FELA claims, the time frame is usually three years following the date when the injury was discovered or illness. This timeline can be extended in certain instances based on the date the injury or disease was first identified or, if it's an occupational illness, the date on which the disease was first identified. A personal representative has to be appointed by the estate of the deceased in order to file a wrongful death lawsuit under FELA. Anyone else who files an action may be dismissed if they lack standing. In the majority of FELA cases the plaintiff is required to prove that the condition or injury was caused at least in part through the negligence of their employer. The burden of proof is much less than that required in an ordinary negligence claim. Although a lawsuit may be filed in federal or state court, the majority of FELA lawsuits are taken to mediation and settled before they go to trial. A knowledgeable FELA lawyer can help you achieve the best outcome for your case by providing the most effective representation in these pre-trial conferences and mediations. An attorney who has handled FELA cases can guarantee that the arbitrator or judge knows what is at risk for you and your family. Pre-trial Conferences The process of filing a lawsuit can be intimidating for railroad employees injured on the job. While every case is unique however, there are some general guidelines that civil lawsuits generally follow. Bohrer Brady LLC's FELA lawyers can assist you in protecting your rights throughout the entire litigation process. When you have been injured on the job, the first step is to seek medical treatment and notify your employer. Then, you should contact a FELA lawyer or union representative. This will initiate the legal process to prove that your railroad employer was negligent. During the first phase of the case your lawyer will generally make a complaint in federal court. The complaint will detail your injury and the allegations against your employer. After this is completed, the investigation will begin. This phase is crucial to the success of your FELA claim because it is at this stage that the parties usually decide to resolve a portion or all of the issues through alternative dispute resolution options like mediation or a negotiated agreement. However, if the parties cannot reach an agreement or if the dispute is not settled by motion, the lawsuit will proceed to trial. Both sides will have lawyers present evidence and question witness before a jury or judge gives the verdict. During this process the legal counsel you choose can argue a compelling case for you to maximize your benefits and ensure that you get the compensation you need to recuperate from your injuries. This decision could include damages for future or past lost wages, future medical costs as well as future pain and suffering and much more.