Don't Stop! 15 Things About Fela Claims We're Overheard FELA Claims and How to File Them

FELA claims bypass the limits on damages which are usually applicable to workers' compensation claims. However, big railroad companies may try to reduce your claim by denying the nature and severity of your injuries.

Knowing the nuances of fela claims can help you obtain fair compensation. It can make a huge difference to seek legal advice by lawyers who specialize in these cases.

What is the FELA?

The FELA is a set of federal laws that were created to protect railroad workers. It allows injured employees to sue their employer and recover damages, including medical expenses and loss of wages, pain and suffering, and many more. In contrast to claims for workers' compensation, FELA allows monetary payouts to be decided by juries, rather than according to predetermined benefit schedules in state law. This allows employees to receive much higher award amounts, but it also requires a higher burden of evidence for an employee to prevail in a case.

In addition to FELA, there are other federal laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act which can make a difference for a worker's claim by making it easier to show that the railroad company violated workplace standards. These laws can aid in proving a claim if the incident occurred after the three-year time limit for FELA claims.

It is important to select an attorney with prior experience in the field you work in. They will be able guide you through the entire procedure more efficiently and swiftly. If you can, choose an attorney who has worked with clients from your field of work, as they may have faced similar problems you face and can offer you valuable advice from their experiences.

It is important to note that the FELA doesn't exclude contractors from bringing lawsuits against injury victims. Contractors are typically employed by larger railroad companies on a short-term basis or for special projects but even though they're not considered to be employees of the railroad, they can still be held liable under FELA when they're negligent in their work.

It is also important to carefully fill out all forms you are required to complete during the FELA procedure, since they are often designed by the railroads lawyers or claims department to collect information that they can use to weaken a claim. Contact your union representative immediately if you are unsure how to answer questions on the form. They will be able to tell you the options available to you. Also, take pictures of the location or machinery that was involved in the accident and keep the track of all your expenses, as well as the nature and severity of your injuries.

What are my rights?

Many employees are concerned that filing a FELA complaint will negatively impact their relationship with their employers or result in negative consequences. However, FELA explicitly prohibits employers from retaliating against employees who file a claim for compensation for work-related injuries. Contact us if you believe your employer has violated FELA.

When you first become injured, it's important to seek medical treatment. Once you've recovered we suggest that you speak with an FELA attorney with expertise. Our lawyers can explain the procedure and assist you in understanding the options available to you. They can also assist you with submitting your claim.

After you submit a claim to the railroad company, they are given 30-60 calendar days to respond. The court will set an investigation plan in which both parties can exchange evidence. Paper discovery (documents, medical records, etc.) and depositions of witnesses will be included. Both parties may also file motions to contest certain aspects of the evidence.

It is crucial to understand the full extent of your injury, including future medical requirements and other damages. This will enable our lawyers to fight for the maximum amount you deserve.

The courts will give each party a proportion of blame, which could impact your award. Our lawyers will assist you defend your rights in court and we are not unwilling to take a case to trial when necessary.

You may be able settle your case before trial depending on the circumstances surrounding your injury. Our FELA attorneys can help you negotiate with the employer to reach a fair agreement.

When you hire our company, we will be your legal representatives throughout the duration of your FELA case. We will assist you in filing your claim, address any questions your employer or insurance company might ask, and assist you in obtaining the proper medical documentation to support your claim.

While your case is in the process of being resolved and we're awaiting your case to be resolved, we can loan you money with no interest. This can be very helpful in the event that you are trying to pay your bills while waiting for your settlement. Contact us to receive an initial consultation for free on the FELA claim process.

How can I file a claim?


Hiring a qualified attorney is the first step in a successful FELA case. The attorney can help you prove that you're eligible, while overcoming hurdles such as the burden of proof. They can also aid you with filing your claim within the three-year statute of limitation. A qualified attorney can also ensure that you have all the documentation needed to support your claim. This includes medical records, incident reports, as along with photographs and other evidence. Proper documentation is crucial for FELA claims since it can help to prove that your injuries were the result of workplace-related accidents. It can be useful in proving that your employer was negligent.

The next step is seeking immediate medical treatment for your injuries, should you be able to. This is important not only for your health but also for your injury claim. Get copies of your medical records to ensure that you have accurate and comprehensive details for your case.

After you've received medical treatment, it is important to notify your employer. You can either fill out an official accident forms or inform your supervisor about the incident. It's important to do this as soon as you can because the railroad begins collecting statements, photographs and other evidence immediately after you've been injured.

Your lawyer should have the information as early in your claim as is possible since memories fade and evidence dwindles with time. This is why it's crucial to get a skilled attorney as soon as you've suffered an injury.

Once your lawyer has all the documentation they require, they'll file suit 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 can't agree on an agreement, they'll go to trial, where the jury or judge will rule on the case.

If you've been injured while working, FELA can provide you with compensation that is above and beyond those you would get under traditional workers' compensation. Schwartzapfel Lawyers can help you to learn more about the FELA procedure and the expertise of FELA lawyers can do to help your case.

How long will my claim be?

The time frame to file a claim is dependent on a variety of factors, such as the severity of an injury and whether it is possible to resume work. A skilled FELA lawyer will know how to gather and present evidence to ensure maximum compensation at federal court. The benefits may be used to pay medical bills as well as personal injury expenses and lost wages. In the event of an accident that causes death, family members can file claims for wrongful deaths.

FELA claims are an excellent way to obtain compensation for railroad workers who face particular risks. They also give you a better opportunity than workers' compensation claims to secure additional damages. However the process is a bit complicated and requires a skilled lawyer to make sure that all issues are brought to light and resolved. The statute of limitations requires that the lawsuit be filed within three years of the date of injury.

A judge may usually call for mandatory settlement conferences and mediation after a lawsuit has been filed in an effort to settle the case before trial. If the case doesn't settle at these stages the case will be sent to trial where a judge will determine the amount of damages due to the injured employee.

As we have already mentioned that obtaining all the required medical treatments for an effective FELA claim is essential. This is vital not just for your health but also for the success of your claim. If the injuries sustained by a worker aren't as severe as claimed by the company, they could be able argue that the injury isn't as severe as they claim. The lawsuit could be dismissed.

It is also essential to seek legal advice as soon as is possible after an injury. fela case settlements can help victims navigate the federal court system and file a successful wrongful-death or workers' compensation claim. When looking for an attorney or law firm, seek out those who specialize in FELA cases and have a solid track record. Ask about their previous successes and seek referrals from your colleagues, union representatives or others who have had similar experiences as an accident on the railroad.