The Most Negative Advice We've Ever Heard About Fela Claims FELA Claims and How to File Them

FELA claims don't have the same restrictions on damages as workers' compensation cases. However, the big railroad companies may try to reduce your claim by denying the nature and severity of your injuries.

Understanding the intricacies of fela claims can help you secure fair compensation. It can make a significant difference to seek legal representation by lawyers who specialize in these cases.

What is the FELA?

The FELA is a set of federal laws that are designed to protect railroad workers. It allows injured workers to sue their employers and recover damages including medical expenses, lost wages as well as pain and suffering, and much more. Contrary to claims for workers' compensation, FELA allows monetary payouts to be decided by juries rather than according to predetermined benefit schedules under state laws. This allows workers to receive significantly higher award amounts, but it also requires a higher burden of proof for an employee to prevail in a court.

In addition to FELA and FELA, there are other federal laws like the Locomotive Inspection Act and Railroad Safety Appliance Act that could help a worker's case by making it easier to prove the railroad company breached workplace standards. These laws can help to strengthen a claim when an accident occurred prior to the three-year limitation period for FELA claims.

It is crucial to select a lawyer who has prior experience in your area of expertise. They will be able to guide you through the entire process faster and more efficiently. If possible, look for an attorney who has worked with clients from your field because they might have faced similar problems you face and offer you valuable advice from their experience.

It's important to remember that the FELA doesn't exclude contractors from filing lawsuits for injury. Contractors are frequently used by major rail companies for temporary work or special projects. But, even though they are not considered directly employed by the railroad, FELA can still hold them liable if they are negligent in their job.

It's also essential to be careful when you fill out any forms that you're required to fill out as part of the FELA process, since they're often designed by the railroad's lawyers or claims department in order to collect information they could use to weaken your claim. Contact your union representative immediately if are unsure how to answer questions on the form. They can explain to you the options available to you. Also, take pictures of the location or machinery involved in your accident and keep an account of the expenses you incurred as well as the nature and severity your injuries.

What are my rights as an American citizen?

Many employees worry that filing a FELA claim could sour their relationship with their employer or cause negative consequences. FELA prohibits employers from taking retaliation towards employees who seek compensation for work-related injuries. Contact us if you believe that your employer has violated the FELA.

After you have been injured, your first priority is to seek medical treatment as soon as you can. Once you're stable, we recommend that you consult with a knowledgeable FELA attorney. Our lawyers can help you understand the process and assist you in understanding your options. They can also assist you to with the filing of your claim.


After you submit a claim to the railroad company, they are given 30 to 60 calendar days in which to respond. The court will then schedule a discovery plan so that both parties will be able to exchange evidence. This includes documents for discovery (documents and medical records) and witness depositions. Both parties may also file motions to contest some of the evidence.

It is essential to determine the full scope of your injury, including future medical needs and other damages. Our lawyers can obtain the highest amount of compensation.

The courts will assign a percentage of the fault to each party, which will impact your award. Our lawyers will fight for your rights in court and are not unwilling to go to trial if needed.

You may be able settle your case before trial depending on the circumstances surrounding your injury. Our FELA attorneys will help you negotiate with your employer and reach an agreement that is fair.

When you hire our firm, we will be your legal representative for the duration of your FELA case. We will assist you with filing your claim, address any questions your insurance company may ask, and assist you in getting the appropriate 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 provide you with money without interest. This could be a huge assistance if you're struggling pay your bills while waiting for your settlement. Contact us for a no-cost consultation about the FELA claims process.

How do railroad injury fela lawyer make a claim for compensation?

The first step to the process of a successful FELA claim is to engage an experienced attorney. This person can help you prove that you qualify and overcome hurdles like the burden of evidence. They can also assist you in submitting your claim within the three-year period of limitation. Additionally, a licensed attorney can ensure that you have the appropriate documentation for your case. This includes medical records, incident reports, as along with photographs and other evidence. Documentation is essential for FELA claims as it helps you demonstrate that your injuries were the result of an incident at work. It can be useful in showing that your employer was negligent.

If you can, seek immediate medical attention if been injured. This is essential for your health and your injury claim. Request copies of your medical records to ensure you have the most accurate and complete details for your case.

It is your responsibility to inform your employer of your injuries after you have received medical treatment. You can fill out the an official accident form or inform your supervisor about the incident. It is important to complete this as quickly as possible because the railroad begins collecting statements, photos and other evidence immediately after an injury occurs.

Your lawyer should be aware of the information as quickly as possible to start your claim since memories fade and evidence disappears over time. This is why it's so critical to hire a knowledgeable attorney as soon as you've suffered an injury.

Once your lawyer has all the documents they need, they will make a claim against the railroad. The FELA process largely mirrors personal injury lawsuits, with both sides conducting extensive investigations and discussing settlement options. If the parties cannot agree on an agreement, they'll proceed to trial, where a judge or jury will decide on the case.

If you have been injured while working, FELA can provide you with compensation that is more than what you would receive under traditional workers' compensation. To know more about the process and what experienced FELA attorneys can assist you, call Schwartzapfel Lawyers today.

How long will my claim take?

The time frame for filing a claim depends on many factors, such as the severity of an injury and whether it's possible to resume work. However, a skilled FELA attorney will be able to gather and present the evidence required to obtain maximum compensation in federal court. Benefits can be used to pay for medical costs as well as personal injury expenses and lost wages. In the event of an accident which results in the death of a loved one, the family can file claims for wrongful deaths.

FELA claims are a reflection of the unique risks of railroad jobs and provide an excellent opportunity to obtain damages that are above and beyond those available in workers' compensation cases. However, the process is complex and requires a skilled lawyer to make sure that all issues are raised and resolved. A lawsuit must be filed within three years of the date of injury, and the time limit for filing a lawsuit is strictly applied.

When a lawsuit is filed, a judge will typically require mediation and settlement conferences in an attempt to settle the matter without trial. If the case isn't resolved at this point, it will go to trial, where the judge will decide the amount of damages due to the employee who has been injured.

As we've already discussed getting all the required medical treatment required for a successful FELA claim is crucial. This is vital, not only for the health of the injured employee, but also to ensure the success of the case. If a worker isn't getting adequate medical care, the company may be able to argue that the injuries aren't as severe as claimed and the lawsuit could be denied.

Moreover, it's imperative to seek legal advice as soon as is possible after suffering an injury. A FELA lawyer can help a victim navigate the entire federal court process and help them file an effective wrongful death or workers compensation claim. Look for attorneys or law firms that have expertise in FELA cases. Find out about their previous successes and ask for recommendations from other railroad accident victims, union representatives, or colleagues.