The 10 Scariest Things About Fela Claims FELA Claims and How to File Them

FELA claims do not have the same limitations on damages as workers' compensation cases. However, the railroad companies may try to minimize your claim when they question your injuries and their extent.

Understanding the complexities of fela claims can help you secure fair compensation. It can make a significant difference to seek legal representation from attorneys that specialize in these cases.

What is the FELA?

The FELA is a federal law that was created to protect railroad employees. It allows injured workers to sue their employers and recover damages including medical expenses, wages lost, pain and suffering and more. Unlike workers' comp claims, FELA allows monetary payouts to be determined by juries instead of according to a predetermined benefit schedule in state law. This enables workers to receive significantly higher award amounts, but it also requires a greater burden of proof to prevail in a case.

Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act, can strengthen a worker’s case by making proving that the railroad company was in violation of workplace standards simpler. These laws can also aid in making a claim stronger in the event that the accident occurred outside the three-year statute of limitations, which is applicable to all FELA cases.

It is crucial to choose an attorney who is that is familiar with the type of work, as they'll be able to guide you through the process more efficiently and swiftly. If you can, choose a lawyer who works with other clients in your field of work because they might have faced similar issues you are facing and offer you valuable advice from their experience.

It's important to know that the FELA does not bar contractors from filing lawsuits for injury. Contractors are often employed by major rail companies for temporary projects or for special projects. However, even though they are not considered directly employed by the railroad, FELA can still hold them accountable if they're negligent in their work.


It is also important to carefully complete all forms that you are required to complete within the FELA procedure, as they are usually designed by the railroads' lawyers or claims department to collect information that they can use to weaken the claim. Contact your union representative immediately if are unsure of how to respond to questions on the form. They can explain to you the options available. It is also essential to have photographs taken of any locations or machinery involved in your accident, as well as keeping an eye on your expenses and the severity and nature of your injuries.

What are my rights?

Many workers are worried that filing a FELA complaint will affect their relationship with their employers or cause them to suffer negative consequences. FELA prohibits employers from taking retaliation against employees who seek compensation due to work-related injuries. If you believe your employer has violated FELA do not be afraid to contact us for help.

When you first become injured, it is important to seek medical attention. When you are stabilized, we recommend that you consult with a knowledgeable FELA attorney. Our lawyers can explain the process and assist you in understanding your options. They can also help you in filing your claim.

After you've filed an action, the railroad company will have 30 to 60 days to respond. The court will then schedule a discovery plan in which both parties will share evidence. This will include the use of paper discovery (documents and medical records) and witness depositions. Both parties may also file motions challenging some of the evidence.

It is essential to disclose the full extent of your injury. This includes future medical costs and other damages. Our lawyers can obtain the highest amount of compensation.

The courts will assign each party a percentage of blame, which could affect your award. Our attorneys will fight for your rights in court and aren't afraid to go to trial if necessary.

You may be able settle your case before going to trial, based on the circumstances surrounding your injury. Our FELA lawyers can assist you to negotiate with the employer to reach a fair agreement.

We will assist you throughout the duration of your FELA claim if you hire us. We will assist you with filing your claim, answer any questions your employer or insurance company may have, and assist in getting the appropriate medical documentation to support your claim.

If your case is still pending and we're awaiting your case to be resolved, we can loan you money with no interest. This can be extremely helpful when you're trying to pay your bills while waiting for your settlement. Contact us today to receive an initial consultation for free regarding the FELA claim process.

How do I submit an action for compensation?

The first step in the process of a successful FELA claim is hiring an experienced attorney. The attorney can help you prove that you're eligible, while overcoming hurdles such as the required burden of proof. They can also help you make your claim within the three-year period of limitations. Additionally, a licensed attorney can make sure that you have appropriate documentation for your case. This includes medical records and incident reports, as in addition to photographs and other evidence. Documentation is essential for FELA claims because it helps to establish that your injuries were the result of workplace-related accidents. It can also be useful in proving that your employer was negligent.

If possible, seek urgent medical attention if you have been injured. This is crucial for your health and for your injury claim. Be sure to get copies of all your medical records so that you have the most comprehensive and accurate information you can get for your situation.

It is your responsibility to inform your employer of your injuries after you have received medical treatment. railroad injury fela lawyer can be done by filing an official accident report or telling your supervisor about the incident. It is important to do this as quickly as you can, since the railroad begins collecting statements, photographs and other evidence immediately after an injury occurs.

Your lawyer should know the information as soon as possible in order to begin your claim since memories fade and evidence disappears as time passes. It's important to hire an experienced lawyer immediately after the accident.

If your lawyer has the required documentation they will start an action against the railroad. The FELA process is similar to personal injury lawsuits and both sides conducting extensive investigations and discussing settlement options. If the parties fail to reach a settlement, they will proceed to a trial where jurors or judges decide the case.

If you've been injured working for a railroad, FELA provides an opportunity to secure damages that go over and above what you could receive through traditional workers compensation. To learn more about this process and what skilled FELA attorneys can assist you, call Schwartzapfel Lawyers today.

How is the time it will take to take to process my claim?

The length of time a claim can be filed depends on many different factors including the severity of the injury, and whether or not it's possible to return to work. However, a knowledgeable FELA attorney will know how to gather and present the evidence needed to get the maximum amount of compensation in federal court. The benefits could be used to pay for medical expenses, personal injury costs and lost wages. In the case of an accident that results in death, family members can bring a claim for wrongful death.

FELA claims are a reflection of the unique risks associated with railroad jobs and offer an excellent opportunity to claim damages that go above and beyond what is available in workers' compensation cases. The process is complicated and an experienced attorney will be needed to ensure that all issues are addressed. The statute of limitations demands that the lawsuit be filed within three years of the date of injury.

After the lawsuit is filed the judge will usually require mediation and settlement conferences to attempt to settle the matter without going to trial. If the case doesn't settle at these stages the case will be sent to trial, where the judge will determine what damages are due to the injured employee.

As we have already mentioned, obtaining all the necessary medical treatments for a successful FELA claim is essential. This is vital not just for the health of the injured worker but also for the success of the case. If a worker isn't receiving proper medical care The company might be in a position to argue that the injuries are not as severe as they are claimed to be and the lawsuit could be dismissed.

It is also essential to seek legal advice as quickly as you can following an injury. A FELA lawyer can assist victims navigate the federal court system and file a successful wrongful-death or workers' compensation claim. Find lawyers or law firms that have experience with FELA cases. Find out about their past successes and ask for recommendations from colleagues or union representatives who have had similar experiences as railroad accidents.