How To Explain Fela Claims To Your Grandparents FELA Claims and How to File Them

FELA claims go beyond the limits on damages which are usually applicable to workers' compensation claims. However, railroad companies will try to limit your claim if they doubt your injuries and their severity.

Understanding the intricacies of fela claims can help you obtain fair compensation. It can make a big difference to seek legal advice from lawyers who specialize in these types of cases.

What is the FELA?

The FELA is a federal law designed to protect railroad workers. It permits injured workers to sue their employers and recover damages, including medical expenses, wages lost, pain and suffering and much more. Unlike workers' compensation claims and FELA claims, the FELA allows for monetary payments decided by juries rather than following pre-determined benefits schedules set by state law. This allows workers to receive significantly larger amounts in awards, however it also imposes a higher burden of evidence for an employee to prevail in a case.

Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act which can help a worker's case by making proving that the railroad company violated workplace safety standards simpler. These other laws can help make a claim stronger in the event that an accident occurred outside the three-year statute of limitations, which is applicable to all FELA cases.

It's important to choose a lawyer who is familiar with your particular specific field of work, as they'll be able guide you through the process more smoothly and quickly. Choose a lawyer who has worked with clients in your area. They may have encountered the same problems as you and will be able to offer useful advice.

Another key point to remember is that the FELA does not exclude contractors from filing injury claims. Contractors are often employed by major rail companies for temporary work or special projects. However even though they are not considered direct employees of the railroad, FELA can still hold them liable if they are negligent in their duties.

It is also important to carefully fill out all forms you are required to complete within the FELA procedure, as they are usually created by railroads lawyers or claims department in order to collect information that they can use to weaken a claim. Contact your union representative immediately if you aren't sure how to answer questions on the form. They'll be able to explain to you the options available. It's also crucial to take photos of any machinery or locations involved in your injury, and keep track of your expenses and the severity and nature of your injuries.

What are my rights as a citizen?

Many workers fear that filing a FELA complaint will affect their relationship with their employers or cause them to suffer negative consequences. However, FELA explicitly prohibits employers from taking retaliatory action against employees who file a claim for compensation for work-related injuries. Contact us if you believe that your employer has violated FELA.


After you have been injured, your primary priority should be seeking medical treatment as soon as you can. Once you have stabilized it is recommended that you consult an FELA attorney with experience. Our attorneys can assist you to understand the process and your options. They can also assist in submitting your claim.

After you submit a claim to the railroad company, they have 30-60 calendar days to respond. The court will then set a discovery plan in which both parties will share evidence. This includes the use of paper discovery (documents and medical records) and witness depositions. Both sides could also file motions to contest certain aspects of the evidence.

It is essential to disclose the full extent of your injury. This includes future medical expenses and other damages. Our lawyers can get you the maximum amount of compensation.

The courts will give each party a percentage of blame, which could affect your award. Our attorneys will defend your rights in court and aren't unwilling to go to trial if needed.

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

When you hire our company as your legal representatives for the duration of your FELA case. We will assist you with filing your claim, addressing any questions that your insurer or employer might have, and obtaining the necessary medical documentation to back your claim.

While your case is in the process of being resolved, we can advance you money without interest. This can be a great aid if you're struggling to pay your bills while waiting for your settlement. Contact us for an initial consultation for free on the FELA claim process.

How do I make a claim?

Employing a competent attorney is the first step in a successful FELA case. This person can help you establish your eligibility and clear hurdles such as the burden of proof. They can also help you file your claim within the three-year statute of limitations. In addition, a qualified lawyer can ensure that you have the appropriate documentation for your case. This includes medical records, incident reports as in addition to photographs and other evidence. Documentation is essential for FELA claims, as it can help you prove that your injuries were caused by work-related incidents. It can be useful in proving that your employer was negligent.

If you can, seek immediate medical attention if you have been injured. This is important not only for your health but also for your injury claim. Be sure to get copies of all your medical records to ensure that you have the most comprehensive and accurate information for your situation.

You must inform your employer of your injury after you have received medical treatment. You can fill out the official accident forms or inform your supervisor of the incident. It's important to do this as soon as you can because the railroad begins collecting statements, photos and other evidence as soon as you've been injured.

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

When your lawyer has all the documentation they need, they will bring suit against the railroad. The FELA process is similar to personal injury lawsuits, with both sides conducting extensive investigations and discussing settlement options. If the parties fail to reach a settlement they will proceed to a trial in which jurors or judges decide the case.

If you've been injured while working for the railroad, FELA provides an opportunity to secure damages that go over and above what you would receive through traditional workers compensation. Schwartzapfel Lawyers can help you to learn more about the FELA process and how experienced FELA lawyers can do to help your case.

How long will my claim be?

The duration of a claim depends on a variety of variables, including the severity of an injury, as well as whether or not it's possible to return to work. A seasoned FELA lawyer will know how to gather and present evidence to secure maximum compensation in federal court. The benefits can be used to pay for medical expenses, personal injury costs, and lost wages. In the event of a fatal accident, the claim for wrongful deaths can also be filed for family members.

FELA claims are a great way to get compensation for railroad workers who face particular risks. They also provide more chance than workers' compensation claims to secure additional damages. The process is complicated and an experienced attorney will be needed to ensure that all issues are taken care of. The statute of limitations stipulates that the lawsuit be filed within 3 years from the date of injury.

A judge is usually the one to order mandatory mediation and settlement conferences after a lawsuit has been filed in order to settle the matter prior to trial. If the case doesn't settle at this point the case will eventually be referred to trial by a judge who will determine the amount of damages due to the injured worker.

As previously mentioned as one of the most important aspects of a successful FELA case is making sure that all medical treatment is obtained. This is critical, not only for the health of the injured worker, but also for the success of the case. If the injuries sustained by a worker aren't as serious as they were claimed by the company, they could be able argue that the injury isn’t as serious as they claim. The suit could be denied.

Moreover, it's imperative to seek legal advice as soon as is possible following an injury. A FELA lawyer can guide a victim through the entire federal court process and help them file an effective wrongful death claim or workers' compensation claim. Find attorneys or law firms with experience in FELA cases. Inquire about their past success and request recommendations from colleagues, union representatives or others who have had similar experiences with a railroad accident.