10 Meetups About Fela Claims You Should Attend FELA Claims and How to File Them

FELA claims are not subject to the same limitations on damages as workers' compensation claims. However, the railroad companies will attempt to limit your claim when they question the severity of your injuries and the extent to which they are.

Understanding the complexities of fela claims will assist you in receiving fair compensation. It can make a significant difference to seek legal representation by lawyers who specialize in these types of 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, such as medical expenses, lost wages along with pain and suffering and many more. Contrary to claims for workers' compensation and FELA claims, the FELA allows for monetary payments decided by juries rather than according to pre-determined benefits schedules set by state law. This allows workers to receive greater amount of compensation, but it also requires that they present their case.

In addition to FELA, there are other federal laws, such as the Locomotive Inspection Act and Railroad Safety Appliance Act which can help a worker's case by making it easier to show the railroad company breached workplace standards. These other laws can assist in making a claim more convincing in the event that the accident occurred outside the three-year statute of limitations that applies to all FELA cases.

It is essential to select a lawyer familiar with your specific field of work, as they'll be able guide you through the process more efficiently and quickly. Find a lawyer who has worked with clients in your field. They may have encountered similar issues to you and can give you useful advice.

Another key point to remember is that the FELA does not prohibit contractors from making injury claims. Contractors are frequently used by major rail companies for temporary work or special projects. But, even though they aren't direct employees of the railroad, FELA can still hold them liable if they are negligent in their duties.

You should also take the time to complete all forms you are required to complete within the FELA procedure, since they are typically created by railroads lawyers or claims department in order to collect information that they can use to weaken the claim. If you're not sure of what to do to answer questions on the form, contact your union representative immediately and ask them to explain what alternatives are available to you. You should also take photos of the place or equipment that was involved in the accident, and keep the track of all the expenses you incurred as well as the nature and severity your injuries.

What are my rights as a citizen?

Many workers worry that filing a FELA claim will taint their relationship with their employer or cause negative consequences. FELA prohibits employers from retaliating against employees who file a claim for compensation for work-related injuries. If you believe that your employer has violated FELA do not be afraid to contact us for assistance.

After you have suffered an injury, your first priority is to seek medical treatment as soon as you can. Once you are stable we suggest that you contact an experienced FELA attorney. Our lawyers can help you learn more about the process and options. They can also assist you to make a claim.


If you submit a claim to the railroad company, they have 30-60 calendar days to respond. The court will then set a discovery plan, where both parties will exchange evidence. This could include the use of paper discovery (documents and medical records) and witness depositions. Both parties may also file motions disputing certain aspects of the evidence.

It is essential to provide the full extent of your injury. This includes future medical costs as well as other damages. This will enable our lawyers to ensure that you receive the maximum amount you're entitled to.

The courts will assign an amount of fault to each party, which will affect your award. Our lawyers will defend your rights in court and aren't scared to take you to trial if necessary.

You may be able settle your case prior to trial based on the circumstances that led to your injury. Our FELA attorneys will assist you negotiate with your employer and reach an agreement that is fair.

We will assist you throughout the duration of your FELA claim if you choose to hire us. We will assist you in filing your claim, addressing any questions your insurer or employer might have and obtaining the required medical evidence 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 can be very helpful when you're struggling to pay your bills while waiting for your settlement. Contact us today for a complimentary consultation on the FELA claims process.

How can I make a claim?

The first step in the process of a successful FELA claim is hiring a skilled attorney. They can assist you in proving that you qualify and overcome obstacles like the burden of proof. They can also aid you in submitting your claim within the 3 year time limit. An experienced attorney can ensure that you have all the documents necessary for your case. This includes medical records, incident reports, photographs, and other evidence. Proper documentation is crucial for FELA claims as it helps you prove that your injuries were the result of an incident at work. It can also be useful for demonstrating that your employer was negligent.

The next step is seeking immediate medical attention for your injuries if possible. This is essential for your health and for your injury claim. Request copies of your medical records to ensure that you have complete and accurate information for your case.

You must inform your employer of your injuries after you have received medical treatment. You can do this by filling out an official accident report or by telling your supervisor about the incident. It's important to do this as quickly as you can, since the railroad starts gathering statements, photos and other evidence immediately after you've been injured.

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

When your lawyer has all the required documents, they will bring a lawsuit against the railroad. The FELA process is similar to personal injury lawsuits. Both sides conduct thorough investigations and talk about settlement options. If the parties fail to agree on a settlement, they proceed to a trial where the judge or jury will decide the case.

If you have been injured while working, FELA can provide you with damages that are more than what you'd receive under traditional workers' compensation. Schwartzapfel Lawyers can help you to learn more about the FELA procedure and the expertise of FELA lawyers can do for your case.

How long will it take to complete my claim?

The time frame for filing an action is contingent on a myriad of factors, such as the severity of a personal injury and whether it's feasible to return to work. A skilled FELA lawyer will know how to gather evidence and present it to get the maximum amount of compensation in federal court. fela attorneys can be used to pay for medical costs and personal injury costs and lost wages. In the event that a fatal accident occurs, the claim for wrongful deaths can also be filed for family members.

FELA claims are an excellent way to obtain compensation for railroad workers who are subject to unique risks. They also provide more chance than workers' compensation claims to secure additional damages. However the process is a bit complicated and requires a skilled lawyer to ensure that all issues are raised and resolved. A lawsuit must be filed within three years of the date of the injury, and the statute of limitations is strictly applied.

Once the lawsuit is filed the judge will usually order mandatory mediation and settlement conferences to attempt to settle the matter without trial. If the case isn't settled in these early stages, it will go to trial where the judge will decide what damages are due the injured employee.

As we have already mentioned that obtaining all the required medical treatment required for a successful FELA claim is essential. This is crucial not just for the health of the injured worker but also to ensure the success of the claim. If the injuries sustained by a worker aren't as severe as claimed by the company, they may be able argue that the injury isn’t as serious as claimed. The suit could be denied.

It is also essential to seek legal advice as quickly as you can after 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 with expertise in FELA cases. Inquire about their past successes and ask for recommendations from colleagues, union representatives or others who have had similar experiences a railroad accident.