Do Not Buy Into These "Trends" Concerning Fela Claims FELA Claims and How to File Them

FELA claims bypass the limits on damages that typically apply to workers' compensation claims. However, large railroad companies might try to reduce your claim by questioning the nature and extent of your injuries.

Knowing the nuances of fela claims can help you secure fair compensation. It can make a huge difference to get legal representation from attorneys that specialize in these cases.

What is the FELA?

The FELA is an array of federal laws that were created to protect railroad workers. It allows injured workers to sue their employers and recover damages, including medical expenses, wages lost as well as pain and suffering, and more. Unlike workers' comp claims, FELA allows monetary payouts to be determined by juries instead of following predetermined benefit schedules in state law. This permits workers to receive greater amount of compensation, but it also requires that they prove their case.

In fela case settlements to FELA in addition, there are additional federal laws like the Locomotive Inspection Act and Railroad Safety Appliance Act that could make a difference for a worker's claim by making it easier to prove that the railroad company violated workplace standards. Other laws may aid in proving a claim if an accident occurred prior to the three-year time limit for FELA claims.

It is important to select an attorney who has expertise in the field you work in. They will be able guide you through the entire procedure more efficiently and swiftly. If possible, find an attorney who has worked with other clients in your field, as they may have already encountered the same issues you are facing and offer you valuable advice from their experience.

Another important point to keep in mind is that the FELA does not prohibit contractors from making injuries claims. Contractors are typically employed by larger railroads on a temporary basis or for special projects, but even though they're not considered to be employees of the railroad, they could still be held liable under FELA if they're negligent in their work.

You should also take the time to complete all forms you're required to fill out within the FELA procedure, since they are typically designed by the railroads lawyers or claims department to gather information that they could use to weaken the claim. If you're unsure of what to do to answer questions on the form, you should contact your union representative as soon as possible and have them explain what options are available for you. Also, take pictures of the place or equipment that was involved in your accident and keep an account of the expenses you incurred as well as the severity and nature of your injuries.

What are my rights?

Many employees worry that filing a FELA claim could sour their relationship with their employer or lead to negative consequences. However, FELA explicitly prohibits employers from taking retaliatory action against employees who seek compensation for injuries sustained at work. If you think your employer has violated FELA Don't hesitate to reach us for help.

When you first become injured, it is crucial to seek medical attention. Once you are stable We recommend that you contact an experienced FELA attorney. Our lawyers can help you learn more about the process and options. They can also help you in submitting your claim.

When you make a claim with the railroad company, they have 30 to 60 calendar days in which to respond. The court will then set an investigation plan, in which both parties will share evidence. This will include documents for discovery (documents and medical records) and witness depositions. Both parties may also file motions challenging certain aspects of the evidence.

It is important that you give the full extent of your injury. This includes future medical costs as well as other damages. This will allow our lawyers to pursue the highest amount you are entitled to.

The courts will give each party a share of the blame, which can impact the amount you receive. Our attorneys will fight for your rights in court and aren't scared to take you to trial if necessary.

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


If you choose to work with our firm as your legal representative for the duration of your FELA case. We will help you file your claim, address any questions your insurance company may have, and assist in getting the appropriate medical documentation to bolster your claim.

While your case is in the process of being resolved we are able to loan you money with no interest. This can be a great aid if you're struggling to pay your bills while waiting for your settlement. Contact us for a no-cost consultation on the FELA claims process.

How do I make a claim?

The first step in the process of a successful FELA claim is to engage a skilled attorney. They can assist you to establish your eligibility and clear hurdles such as the burden of proof required. They can also aid you in filing your claim within the 3-year period of limitation. Additionally, a licensed lawyer can make sure that you have necessary evidence to support your claim. This includes medical documents, incident reports, photographs, and other evidence. Proper documentation is important for FELA claims as it helps to prove that your injuries are a result of workplace-related accidents. It is also helpful in proving that your employer was negligent.

If possible, seek immediate medical attention if you have been injured. This is crucial 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.

You must inform your employer of your injuries after you have received medical treatment. You can either fill out an official accident form or inform your supervisor of the incident. It's important to do this as quickly as you can, since the railroad begins collecting statements, photographs and other evidence immediately after you've suffered injuries.

Your lawyer should have the details as early in your case as you can since memories fade and evidence is lost with time. This is why it's crucial to get a skilled attorney right away after your injury.

Once your lawyer has all the evidence they need, they will bring suit against the railroad. The FELA procedure is similar to personal injury lawsuits. Both parties conduct thorough investigations and discuss settlement options. If the parties fail to reach a settlement they will go to trial, where a jury or judge will decide the case.

If you've been injured while working, FELA can provide you with damages that go over and above what you would get under traditional workers' compensation. To know more about the process and what experienced FELA attorneys can do for you, contact Schwartzapfel Lawyers today.

How do I expect my claim to take?

The duration of a claim depends on a variety of variables including the severity of an injury, and whether or not it is possible to return to work. However, a skilled FELA lawyer will know how to gather and present the evidence required to obtain maximum compensation in federal court. Benefits can be used to pay for medical expenses and personal injury costs and lost wages. In the case of a fatal accident the claim for wrongful deaths can also be filed for family members.

FELA claims reflect the unique risks associated with railroad work and offer an excellent opportunity to claim damages that are above and beyond the ones offered in workers compensation cases. The process is complex and an experienced lawyer is required to ensure that all issues are addressed. The statute of limitations stipulates that an action be filed within three years of the date of injury.

After the lawsuit is filed, a judge will typically ordain mandatory mediation and settlement conferences to attempt to settle the case without going to trial. If the case does not settle at this point the case will eventually be heard by an individual judge who will decide the amount of damages due to the injured worker.

As stated as one of the most important elements of a successful FELA claim is to ensure that all necessary medical treatment is obtained. This is crucial, not only for your health, but for the success in your claim. If the injuries suffered by a worker aren't as severe as the ones claimed by the company, they might be able to argue that their injury isn’t as serious as claimed. The lawsuit may be dismissed.

Furthermore, it is essential that one seek legal advice as soon as is possible following an injury. A FELA attorney can help victims navigate the federal court system and file a successful wrongful-death or workers compensation claim. Look for attorneys or law firms that have experience in FELA cases. Ask about their past success and request referrals from other railroad accident victims, union representatives, or colleagues.