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

FELA claims go beyond the limits on damages that are typically applicable to workers' compensation cases. However, large railroad companies may try to minimize your claim by questioning the nature and extent of your injuries.

Knowing the nuances of fela claims can help you obtain fair compensation. Legal representation from lawyers who specialize in fela claims can make a huge difference.

What is the FELA?

The FELA is a set of federal laws designed to protect railroad workers. It allows injured workers to sue their employers to recover damages including medical expenses, wages lost as well as pain and suffering, and more. Contrary 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 workers to receive higher award amounts, but it also requires a greater burden of proof for an employee to prevail in a case.

Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act, can aid a worker's claim by making the case that the railroad company was in violation of workplace standards more straightforward. These laws can also help make a claim stronger in the event that the incident occurred outside of the three-year statute of limitations that applies to all FELA cases.

It's important to choose an attorney who is familiar with your type of work, as they'll be able guide you through the process more smoothly and swiftly. If possible, look for a lawyer who is familiar with other clients in your field, as they may have experienced the same issues you are facing and 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 often employed by major rail companies for temporary projects or for special projects. However, even though they aren't considered directly employees of the railroad, FELA can still hold them accountable if they're negligent in their job.

It's also essential to be careful when you complete any forms you're required to fill out as part of the FELA process, since they're usually designed by the railroad's attorneys or claims department in order to collect information that they could use to reduce your claim. If you're not sure how to answer the questions on the form, contact your union representative right away and ask them to explain the options are available for you. It's also crucial to take photographs of any locations or machinery involved in your accident, as well as to keep 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 could affect 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.

If you've been injured, your first priority is to seek medical treatment as soon as you can. Once you're stable we suggest to contact a seasoned FELA attorney. Our attorneys can help you learn more about the process and options. They can also help you with the filing of your claim.

After you've filed a claim the railroad company will have 30 to 60 days to respond. The court will set an investigation plan in which both parties can exchange evidence. Paper discovery (documents such as medical records, documents and medical records, etc.) and depositions of witnesses will be included. Both parties can also file motions disputing certain aspects of the evidence.

It is crucial to disclose the full extent of your injury. This includes future medical costs as well as other damages. Our lawyers will be able to obtain the highest amount of compensation.

The courts will assign each party a percentage of blame, which could impact your award. Our attorneys will help you fight for your rights in court and we are not afraid to take a case to trial when necessary.

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

If you choose to work with our firm, we will be your legal representatives for the duration of your FELA case. We will assist you in filing your claim, address any questions your insurance company might ask, and assist you in getting the appropriate medical documentation to support your claim.

While your case is pending, we can loan you money with no interest. This can be very helpful if you are struggling to pay your bills while waiting for your settlement. Contact us for no-cost consultation on the FELA claim process.

How do I make an action for compensation?

Hiring a qualified attorney is the first step towards a successful FELA case. This person can help you prove that you are eligible and overcoming hurdles like the burden of evidence. They can also assist in submitting your claim within the 3-year statute of limitation. In addition, a qualified attorney can ensure that you have the proper documentation for your case. This includes medical records, incident reports photographs, and other evidence. Documentation is essential for FELA claims because it helps you demonstrate that your injuries were a result of an incident at work. It can be useful in proving that your employer was negligent.

The next step is seeking immediate medical treatment for your injuries, if possible. This is important not only for your health, but also for your injury claim. Request copies of your medical records to ensure you have the most accurate and complete information for your case.

After receiving medical treatment, it is important to report your injury to your employer. This can be done by making an official accident report or telling your supervisor about the incident. It's important to do this as soon as you can because the railroad begins collecting statements, photos and other evidence right after you've been injured.

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

When your lawyer has all the documentation they need, they will make a claim against the railroad. The FELA procedure is largely similar to personal injury lawsuits, with both sides conducting thorough investigations and discussing settlement options. If the parties aren't able to reach an agreement, they'll go to trial, where jurors or judges will rule on the case.

If you have been injured while working, FELA can provide you with damages that are over and above what you would receive under traditional workers' compensation. To learn more about this process and the services experienced FELA attorneys can do for you, contact Schwartzapfel Lawyers today.

How long will my claim be?

The timeframe for a claim depends on many different factors including the severity of the injury, and whether or not it is possible to return to work. However, a knowledgeable FELA lawyer will be able to gather and present the evidence needed to obtain maximum compensation in federal court. The benefits could cover medical bills, personal injury costs and lost wages. In the event of an accident which results in death, the family members may make a claim for wrongful death.

FELA claims are an excellent way to obtain compensation for railroad workers who are subject to particular risk. They also give you a better opportunity than workers compensation claims to secure additional damages. However the process is complicated and requires an experienced lawyer to make sure that all issues are brought to light and resolved. A lawsuit must be filed within three years from the date of injury, and the time limit for filing a lawsuit is strictly enforced.

Once the lawsuit is filed, a judge will typically ordain mandatory mediation and settlement conferences in an attempt to settle the matter without trial. If fela lawyer doesn't settle at this stage, the case will be taken to trial by an individual judge who will decide the amount of damages owed to the injured worker.

As we have already mentioned getting all the required medical treatment for a successful FELA claim is essential. This is crucial, not only for the health of the injured employee, but as well for the success of the case. If a worker doesn't receive proper medical care and treatment, the business may be in a position to argue that the injuries are not as severe as they claim, and the suit could be denied.

Moreover, it's imperative that one seek legal advice as soon as they 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. If you are looking for an lawyer or law firm, choose one that specializes in FELA cases and have a solid track of success. Ask about their previous success and request referrals from colleagues or union representatives who have had similar experiences with an accident on the railroad.