Don't Buy Into These "Trends" About Fela Claims FELA Claims and How to File Them

FELA claims do not have the same limitations on damages as workers' compensation claims. However, the big railroad companies could attempt to reduce your claim by denying the nature and severity of your injuries.

Knowing the nuances of fela claims can help you secure 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 designed to protect railroad workers. It allows injured workers to sue their employers and seek damages that include medical expenses, lost wages, pain and suffering and more. Contrary to claims for workers' compensation, FELA allows monetary payouts to be determined by juries rather than following predetermined benefit schedules in state law. This enables workers to receive much higher award amounts, but it also requires a greater burden of proof for an employee to prevail in a court.

Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act, can help a worker's case by making the case that the railroad company violated workplace standards more straightforward. Other laws may aid in proving a claim if an accident occurred prior to the three-year limitation period for FELA claims.

It is essential to select a lawyer that is familiar with the type of work, as they'll be able guide you through the process more efficiently and swiftly. Find a lawyer who has worked with clients in your area. They may have encountered similar issues to you and will be able to offer valuable guidance.

Another important point to keep in mind is that the FELA does not exclude contractors from making injuries claims. Contractors are frequently used by large rail companies to perform temporary projects or for special projects. But even though they aren't considered directly employees of the railroad, FELA can still hold them accountable if they're negligent in their work.

It's also essential to be careful when you complete any forms you're required to fill out as part of the FELA process, as they're typically designed by the railroad's attorneys or claims department in order to collect information they can use to reduce your claim. If you're not sure what to do to answer questions on the form, call your union representative right away and have them explain what options are available for you. Also, you should take photographs of the location or machinery that was involved in your accident and keep the track of all the expenses you incurred as well as the severity and nature of your injuries.

What are my rights as an American citizen?

Many workers are worried that filing a FELA complaint will negatively impact 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 fela lawsuits if you believe your employer has violated the FELA.

After you've been injured, your first priority is to seek medical treatment as soon as you can. When you are stabilized we suggest to contact a seasoned FELA attorney. Our lawyers can explain the procedure and assist you in understanding your options. They can also help you make a claim.

After you've filed an action, the railroad company will have 30 to 60 days to respond. The court will then set a discovery plan in which both parties will exchange evidence. This will include the use of paper discovery (documents and medical records) and witness depositions. Both parties can also file motions disputing some 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 give each party a share of the blame, which may impact the amount you receive. Our lawyers will assist you defend your rights in court, and we are not unwilling to take a case to trial if necessary.


Depending on the circumstances surrounding your injury, you might be able to settle your case without going to trial. Our FELA lawyers will assist you to negotiate with your employer and come to an agreement that is fair.

If you choose to work with our firm, we will be your legal representatives throughout the duration of your FELA case. We can assist you in filing your claim, addressing any questions that your insurer or employer might have, and obtaining the necessary medical documentation to prove your claim.

While your case is pending we are able to loan you money with no interest. This is a great option 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 to a successful FELA claim is to engage a skilled attorney. The attorney can help you prove that you're eligible, while clearing hurdles like the required burden of proof. They can also assist you in determining whether you are eligible to submit your claim within the three-year period of limitations. Additionally, a skilled attorney will make sure that you have appropriate documentation to support your claim. This includes medical records and incident reports as along with photographs and other evidence. Proper documentation is crucial for FELA claims as it helps you demonstrate that your injuries are a result of work-related incidents. It could be helpful in proving that your employer was negligent.

If you can, seek immediate medical attention if you have been injured. This is important for both your health and your injury claim. Be sure to get copies of all your medical records to ensure you have the most complete and accurate information to support your claim.

It is your responsibility to inform your employer of your injuries after you have received medical treatment. You can either fill out an an official accident form or inform your supervisor about the incident. You should complete this as quickly as possible because the railroad begins collecting statements, photos and other evidence when an injury occurs.

Your lawyer must have the information as soon as possible in order to start your claim because memories fade and evidence is lost as time passes. This is why it's so critical to hire a knowledgeable attorney right away after your accident.

Once your lawyer has the required documentation and documentation, they can bring a lawsuit against the railroad. The FELA process is similar to personal injury lawsuits. Both sides conduct thorough investigations and discuss settlement options. If the parties are unable to reach a settlement they will proceed to a trial in which a jury or judge will decide the case.

If you've suffered an injury while working for a railroad, FELA provides an opportunity to claim damages that go beyond what you would receive through traditional workers' compensation. To find out more about this procedure and the services experienced FELA attorneys can help you, contact Schwartzapfel Lawyers today.

How long will my claim be?

The timeframe to file a claim depends on a variety of factors, including the severity of an injury and whether it's possible to return to work. A knowledgeable FELA lawyer will know how to gather and present evidence to ensure maximum compensation at federal court. Benefits can be used to cover medical expenses and personal injury costs and lost wages. In the event of a fatal accident the claim for wrongful deaths can be filed by family members.

FELA claims account for the unique risks associated with railroad work and offer an excellent opportunity to obtain damages that are above and beyond the ones that are available in workers compensation cases. The process is complex and a skilled lawyer is required to ensure that all issues are raised. A lawsuit must be filed within three years of the date of the injury, and the time limit for filing a lawsuit is strictly and strictly enforced.

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

As stated as one of the most important aspects of an effective FELA case is making sure that all medical treatment is obtained. This is crucial, not only for your health but also for the success in your claim. If a worker doesn't receive proper medical care and treatment, the business may be capable of arguing that the injuries aren't as severe as they claim and the lawsuit may be dismissed.

It is also essential to seek legal advice as quickly as you can after an injury. A FELA lawyer can assist a victim through the entire federal court process, and assist them in filing an effective wrongful death claim or workers' compensation claim. Find lawyers or law firms with experience with FELA cases. Find out about their past successes and seek referrals from colleagues or union representatives who have had similar experiences as a railroad accident.