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How Federal Employer Liability Act (FELA) Lawsuits Are Handled When it comes to FELA injury claims, the procedure largely mimics personal injury lawsuits. Both your legal representative and your employer will investigate the incident thoroughly before discussing settlement options. It is for this reason that hiring a FELA attorney who is experienced is vital. A successful claim can lead to reimbursement for medical expenses as well as lost wages and other non-economic damages like suffering and pain. Statute of Limitations The Federal Employers Liability Act (FELA) gives railroad workers with greater protections that are not provided by state laws on workers' compensation. While claims for workers' compensation are filed and handled in the state in which an injury occurs, FELA claims can be brought to any court in the country. However, as with any legal matter, it is important to have a thorough understanding of the law and how it applies to your case. One of the most critical aspects of an FELA case is the statute of limitations. A statute of limitations is a time-frame within which a lawsuit may be filed or barred. In the majority of states, a person has two to three years to bring a civil lawsuit for personal injuries that result from the negligence of another party. The FELA statute is much less. In most instances, a person has to submit a FELA claim or lawsuit within three years of the date they discovered or should have known that their injury was due to their railroad job. The three-year timeframe is crucial since if a worker injured or a family member of a worker who has died misses it then they forfeit their right to sue. The legal system enforces timeframes and rarely allows for exceptions. It is important that a railroad worker injured or the family member of the deceased railroad worker seeks an experienced lawyer as soon as they can after their accident. In the vast majority of FELA lawsuits workers who are injured is entitled to damages for medical expenses, lost wages and suffering and pain. These damages are awarded for trauma-related injuries, like broken bones and torn muscles and occupational diseases such as mesothelioma, among others. In addition an FELA claim could also include compensation for any additional expenses that are 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 documentation should include medical records that detail the extent of an injured person's injuries and their connection to the incident at work. It is also crucial to collect as much information about the workplace incident, including witnesses who can provide evidence of the facts. In the event of death, compensation is paid to the surviving spouse or children of the deceased. In fela settlements , the surviving spouse and children will be entitled to the maximum amount of $300,000 in wrongful death benefits. This amount may be raised in the event that an heir can prove that the death resulted from a violation of an federal safety law or regulation. Statute of Repose The Federal Employers Liability Act (FELA) allows the families of railroad employees who are injured or die in the course of work to receive compensation. As Supreme Court Justice William Douglas explained, FELA “puts on the industry a portion of the cost of the legs, eyes arms, and lives that it consumes in the pursuit of its business.” When an injury, disease or death occurs an incident report, bill or official documents, as well as other evidence are important to prove that the railroad employer was the one responsible for the injuries. FELA also demands that the railroad provides its employees with a safe and secure place to work and forces it to hold itself accountable to its employees. If you don't file a lawsuit within three years after the incident the claim could be barred by the statute of limitations. It's important to contact an attorney who is familiar with FELA laws and will be able to file your claim swiftly. Contrary to claims for worker's compensation, FELA lawsuits can be filed in both federal and state court. However, it's usually easier to make a claim in federal court if the plaintiff's attorney has experience in the court of that. The time limit for FELA claims is different from that of workers' compensation. In the majority of states, the lawsuit is required to be filed one or two years after the date of injury. However in FELA claims the time frame is usually three years from the date the injury or disease was first discovered. In some cases, this timeline may be extended based on the date of discovery or in the case of a disease the date it was first recognized as being related to employment. A personal representative must be appointed by the decedent's estate in order to start a lawsuit for wrongful death under FELA. Anyone else who files an action could be dismissed if they do not have standing. In most FELA claims, the plaintiff is only required to prove that the injury or disease was at a minimum due to the negligence of the employer. This burden of proof is much less than that required to win an ordinary negligence claim. Even though a lawsuit could be filed in a federal or state court system, the majority of FELA cases are settled through mediation prior to trial. A knowledgeable FELA lawyer can help you achieve the best outcome for your case by providing the best possible representation at these pre-trial conferences and mediations. A lawyer who has successfully defended FELA trials can ensure that the arbitrator or judge understands what's at stake for you and/or your family members. Pre-trial Conferences The procedure of filing a lawsuit may be intimidating for railroad employees injured on the job. While every case is different, there are general steps that civil lawsuits generally follow. Bohrer Brady LLC's FELA lawyers can help protect your rights throughout the entire litigation process. If you are injured at work, the first thing to do is seek medical attention and inform your employer. You should then contact a FELA lawyer or union representative. This will begin the legal process to establish that your railroad employer was negligent. In the first phase of the lawsuit the lawyer will typically file a complaint in federal court. The complaint will outline your injury and the allegations against your employer. After this is completed the investigation will commence. This is a crucial phase for the success of your FELA claim since it is at this stage that the parties usually agree to resolve some or all of the issues by alternative dispute resolution such as mediation or an agreement that is negotiated. If the parties are not able to reach a consensus or not resolve the issue via motion, the case will proceed. Both sides will have lawyers present evidence and question witness before a judge or jury decides on the verdict. During this process the legal counsel you choose can argue a compelling case for you to maximize your benefits and ensure you receive the compensation you need to recover from your injuries. This decision may include compensation for past and future medical expenses, lost wages, future pain and suffering and much more.