If you’re a railroad worker you’re probably familiar with FELA claims. You might wonder what exactly a FELA claim is and how filing one will benefit you. In this post, our highly trained FELA lawyers break down everything you need to know about FELA claims and how you can secure the compensation you deserve.
What is a FELA Claim?
FELA stands for the Federal Employers Liability Act. Enacted in 1908, this federal law provides a way for railroad workers to seek compensation for injuries sustained on the job. Unlike standard workers’ compensation, FELA allows injured workers to sue their employers for negligence, potentially leading to higher compensation.
Key Points About FELA Claims
- They apply specifically to railroad workers
- Require proving employer negligence
- Can result in higher compensation than workers’ comp
- Covers a wide range of injuries and illnesses
Are You Eligible for a FELA Claim?
If you’re employed by a railroad company engaged in interstate commerce, you are eligible to file a FELA claim. FELA claims can be filed by:
- Yard workers
- Train crew members
- Maintenance workers
- Office personnel
- Any other railroad employees injured on the job
Remember, FELA covers more than just accident-related injuries. It also applies to illnesses developed due to exposure to harmful substances or repetitive stress injuries.
How to Choose a Lawyer for Your FELA Claim
When selecting an attorney to handle your FELA claim, consider the following factors:
- Experience: Look for lawyers with extensive experience in handling FELA cases. They should understand the intricacies of these claims inside and out.
- Track Record: Research the attorney’s case results in FELA cases. A history of substantial verdicts and settlements is a good indicator.
- Resources: FELA cases often require expert witnesses. Ensure your lawyer has access to and relationships with relevant experts.
- Communication Skills: Choose an attorney who can explain complex legal concepts in plain language and keep you informed throughout the process.
What to Expect When You Reach Out to a Lawyer
When you contact a lawyer about your FELA claim, here’s what you can typically expect:
- Initial Consultation: Many attorneys offer a free initial consultation to discuss your case.
- Case Evaluation: The lawyer will review the details of your injury and employment to determine the strength of your claim.
- Explanation of the Process: A good attorney will explain the FELA claim process and what to expect moving forward.
- Discussion of Strategy: The lawyer should outline their approach to your case, whether through settlement negotiations or trial.
- Fee Structure: Most FELA attorneys work on a contingency fee basis, meaning you only pay if they win your case.
What is My FELA Claim Worth?
The value of a FELA claim depends on several factors, including:
- Nature and severity of the injury
- Permanence of injuries
- Extent of work disability
- Ability to return to your occupation
- Past and future financial losses
- Degree of pain and suffering
- Pre-existing conditions
- Degree of railroad negligence
- Violation of safety regulations by the railroad
- Your potential contribution to the injury
Take Legal Action Today
When filing a FELA claim, time is of the essence. The sooner you act, the stronger your case can be. Seeking assistance from an experienced FELA attorney will significantly improve your chances of receiving fair compensation.
If you are an Illinois resident looking to file a FELA claim, contact GWC Injury Lawyers today. Call 312-999-9999 to schedule a free, no-obligation consultation. You may also click here to chat with a live representative.
<< BACK TO BLOG POSTS