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Beachwood FELA Claims Lawyer
Helping Injured Railroad Workers Receive the Compensation They Deserve
If you’re an injured railroad worker, you know firsthand how the job can be physically demanding and hazardous. Unfortunately, accidents can happen despite the safety measures put in place, and when they do, the consequences can be life-changing. You might be dealing with severe injuries that could prevent you from returning to work, resulting in financial strain for you and your family. As an Ohio FELA Claims Lawyer, Karp Steiger understands the complexities of FELA claims and is here to help injured railroad workers like you navigate the legal system and fight for the compensation you deserve.
Navigating the legal system and understanding your rights as an injured railroad worker can be overwhelming. This is where a workers’ compensation attorney from Karp Steiger can help. Our experienced attorneys have a wealth of knowledge in handling FELA claims, and we’re dedicated to fighting for the rights of injured railroad workers like you.
What is the Federal Employers Liability Act?
The Federal Employers Liability Act (FELA) was enacted to protect railroad workers who suffer injuries while on the job. Under FELA, you have the right to file a lawsuit against your employer if you can prove negligence on their part. This includes failure to maintain safe working conditions, lack of safety equipment, and failure to provide proper training.
At Karp Steiger, we understand the complexities of FELA claims and are here to guide you through the process. We’ll ensure that you receive the full compensation you’re entitled to under the law, including medical expenses, lost wages, and pain and suffering.
Our attorneys will work closely with you to understand the full extent of your injuries and how they’ve impacted your life. We’ll gather evidence, interview witnesses, and consult with medical experts to build a strong case on your behalf.
What Happens When I Make a FELA Claim in Ohio?
If you’ve been injured while working as a railroad worker in Ohio, you may be entitled to file a FELA claim. However, this process is not as straightforward as filing for workers’ compensation. In order to recover damages, you and your attorney must prove that your employer was at least partially negligent and that their negligence caused your injury.
While it may be tempting to try and navigate this process on your own, it’s important to understand that FELA claims are complex and require knowledge of the law. That’s where our Ohio FELA Claims Lawyers come in – we’re here to help you every step of the way.
During a risk-free consultation, we’ll review the details of your case and help you understand what to expect during the filing process. From there, we’ll work tirelessly to gather evidence and build a strong case that proves negligence on the part of your employer.
Our team believes in providing personal service through attention and compassion, and we’ll keep you informed every step of the way. So don’t hesitate to reach out to us if you’ve been injured on the job as a railroad worker. We’re here to fight for your rights and help you get the compensation you deserve.
What Does the FELA Claim Process Look Like?
Filing a FELA claim in Ohio can seem daunting, but fortunately, the process is relatively straightforward. Here’s a step-by-step breakdown of what to expect.
Step 1: Fill Out a Report
Your employer, such as a railroad company, will require you to fill out an accident report. This report should detail where you were when the accident occurred, the injuries you sustained, what you were doing, and more. However, it’s essential to only fill out the report once you’re medically stabilized and safe. You should also be truthful in the report but never admit fault for your injuries. Even if you believe you may have been partially at fault, admitting fault can be used against you later on.
Step 2: Consult a FELA Attorney
The next step is to contact experienced FELA attorneys. They can protect your rights and ensure that your benefits claim is not compromised. Moreover, the right attorney can negotiate on your behalf if the insurance company, railroad company, or any other party is unwilling to provide you with the benefits you deserve.
Step 3: Investigations
Your railroad organization will conduct its investigation into the accident to determine who, if anyone, was negligent and responsible for your injuries. Your legal firm will also likely perform its investigation to make sure that the company doesn’t try to cover anything up.
Step 4: Determine Negligence
Proving negligence is a crucial part of any successful FELA claim. Fortunately, it’s usually easier to prove in FELA cases compared to other personal injury or workers’ compensation claims. In a FELA claim, you only need to prove that your employer’s negligence played some part in causing your injuries. The employer doesn’t have to be entirely responsible for the injuries; even partial responsibility is enough to file a successful claim. This is why FELA claims have a lower burden of proof, often referred to as a “featherweight burden of proof.” Even if you are partly responsible for the injury, you can still recover damages. However, the compensation you receive may be reduced based on your level of fault as determined by an investigation, as FELA claims are subject to the rules of pure comparative negligence.
Step 5: Accept a Settlement or Proceed to Complaint?
If the investigation phase reveals evidence of railroad or employer negligence, the railroad company may decide to settle your claim early. However, they may not be straightforward, and an experienced lawyer can negotiate on your behalf to ensure your benefits aren’t compromised. If the employer is unwilling to settle or pay the benefits you deserve, your lawyer may recommend proceeding to the complaint phase. In this phase, your lawyer will file a basic legal document, called a complaint, that lays out your claims against the defendant.
Step 6: File a Complaint
If the railroad company does not settle your benefits claim early or does not offer a reasonable amount of compensation, your lawyer can initiate a civil action by filing a complaint on your behalf. This complaint is a basic legal document that outlines your claims against the defendant, which is usually the railroad company or your employer. Your lawyer can draft this document to avoid errors and ensure that it is filed correctly. Once the complaint has been filed and served, the defendant will have around three weeks to respond by either admitting or contesting any part of the complaint. During this phase, there will be an exchange of documents and other relevant information related to the litigation, which may include the discovery process. Therefore, it’s essential to hire a knowledgeable attorney as soon as possible to avoid doing all the legal work alone and focus on your recovery.
Step 7: Pre-trial
Step 7 is the Pre-Trial phase, during which your case may settle without going to trial through alternative dispute resolution (ADR) methods, such as mediation or arbitration. If your employer sees how they were negligent, they may agree to settle the case and pay you the benefits you need. However, if they refuse to do so, your lawyer will help you proceed to the next step: a full trial.
Step 8: Trial
During this step, a FELA claim trial takes place. Your lawyer can present a strong case for maximizing your benefits and ensuring you receive the damages you need to recover financially from your injuries. You can choose to have a jury rule on your case, or your lawyer may recommend that you pick a judge to rule instead. The attorneys on both sides will present their evidence and arguments before the judge or jury renders a verdict. Note that the entire process can take anywhere from a few months up to several years, and the longer the case drags on, the harder it may be for you to stabilize your finances and continue to pay for medical bills if your injuries are severe. Therefore, it’s important to hire knowledgeable attorneys early on to achieve a successful outcome.
What is the Statute of Limitations for a FELA Claim in Ohio?
The statute of limitations for a FELA claim is three years from the date the cause of the action occurred. However, there are certain exceptions and nuances to this rule, so it’s important to consult with an experienced FELA attorney to understand your specific situation.
What Damages Can I Receive in a FELA Claim?
If you are successful in your FELA claim, you may be entitled to receive various types of damages to compensate you for your injuries and losses. Some of the damages that may be available to you in a FELA claim include the following:
- Medical expenses: You may be able to recover the cost of any medical treatment you needed as a result of your injuries, including doctor’s visits, hospital stays, surgery, medication, and physical therapy.
- Lost wages: If your injuries prevented you from working, you might be able to recover the wages you lost as a result. This may include not only your regular pay but also any bonuses, commissions, and other forms of compensation you would have received if you had been able to work.
- Pain and suffering: You may be able to recover damages for the physical pain and emotional suffering you experienced as a result of your injuries.
- Disability: If your injuries left you permanently disabled or unable to work in your chosen profession, you might be able to recover damages for lost future earning capacity.
The damages available in a FELA claim can vary widely depending on the nature and extent of your injuries and losses. It is important to speak with an experienced FELA attorney to discuss the specific damages that may be available in your case.
Why Do I Need a FELA Claims Attorney in Ohio?
As an injured railroad worker, you may be tempted to forgo hiring an attorney to represent you in your FELA claim. You might think that you can handle the legal process on your own or that hiring an attorney will be too expensive. However, representing yourself can jeopardize your case and result in you receiving less compensation than you deserve.
When you represent yourself, you may not have a clear understanding of the legal process, including the deadlines for filing paperwork and gathering evidence. You may also have difficulty negotiating with the railroad company’s lawyers or insurance adjusters. This can lead to you accepting a settlement offer that is less than what you’re entitled to or even having your case dismissed altogether.
At Karp Steiger, we understand that navigating the legal system can be overwhelming, especially when you’re dealing with the aftermath of a traumatic injury. We’re here to provide you with personalized attention and compassionate representation throughout the entire process. We’ll handle all aspects of your case, including filing paperwork, gathering evidence, and negotiating with the other side.
Here are some of the reasons why hiring a FELA Claims Attorney in Ohio, like Karp Steiger, can benefit you:
- We understand the complexities of FELA claims and can explain your rights and legal options.
- We’ll handle all aspects of your case, including paperwork and negotiations, to ensure that you receive the full compensation you deserve.
- We have a network of experts who can evaluate your injuries and provide testimony to support your case.
- We’ll gather evidence and interview witnesses to build a strong case on your behalf.
- We’ll be your advocate throughout the entire process and fight for your rights as an injured railroad worker.
At Karp Steiger, we believe in personal service through attention and compassion. We’re dedicated to fighting for the rights of injured railroad workers in Ohio and providing them with the representation they deserve. If you’re an injured railroad worker and need a FELA Claims Attorney in Ohio, contact us today to schedule a risk-free consultation.
Call our Experienced Ohio FELA Claims Lawyer Today!
If you have been injured while working for a railroad company, it is important to understand your rights under FELA and seek the assistance of an experienced attorney. The FELA claims process can be complex and time-consuming, but with the right legal representation, you can receive the compensation you deserve.
Remember, your health and well-being are paramount. Don’t let the fear of legal proceedings keep you from seeking the care and treatment you need. By taking the necessary steps to file a FELA claim, you can not only secure the financial support to help you recover but also hold your employer accountable for their actions.
At the end of the day, the FELA claims process is not just about obtaining financial compensation but also about seeking justice for the harm and injury that you have suffered. So, don’t wait any longer. Contact a skilled FELA attorney today to start the process of obtaining the justice and peace of mind you deserve.
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