3 Reasons Commonly Cited For Why Your Fela Claims Isn't Working (And Solutions To Resolve It) FELA Claims and How to File Them

FELA claims do not have the same restrictions on damages as workers' compensation cases. However, railroad companies may try to minimize your claim when they question the severity of your injuries and the extent to which they are.

Understanding the complex fela claims can ensure that you receive a fair amount of compensation. Legal representation from lawyers who specialize in fela claims can make all the difference.

What is the FELA?

The FELA is an array of federal laws designed to protect railroad workers. It allows injured workers to sue their employers to recover damages including medical expenses, lost wages as well as pain and suffering, and much more. In contrast to claims for workers' compensation which are not covered by the FELA, the FELA allows for monetary compensation determined by juries instead of according to pre-determined benefits schedules imposed by the law of the state. This allows workers to receive more substantial amounts of money, but it also imposes a higher burden of proof to prevail in a court.

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


It is essential to select an attorney who is familiar with your kind of work, since they'll be able guide you through the process more efficiently and quickly. Find a lawyer that has worked with clients in your area. They might have faced the same issues as you and can provide you with valuable advice.

Another crucial point to be aware of is that the FELA does not prohibit contractors from filing injury claims. Contractors are frequently employed by larger railroads on a temporary basis or for special projects but even if they're considered to be employees of the railroad, they can still be held liable under FELA when they're negligent in their job.

You should also carefully complete all forms that you're required to fill out within the FELA procedure, since they are often created by railroads' lawyers or claims department in order to gather information they could use to weaken the claim. If you're not sure how to answer the questions on the form, you should contact your union representative right away and ask them to explain what alternatives are available to you. Also, you should take photographs of the area or machinery that was involved in the accident and keep track of all 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 will taint their relationship with their employer or lead to negative consequences. However, FELA explicitly prohibits employers from retaliating against employees who file a claim for compensation for injuries sustained at work. If you believe your employer has violated FELA Don't be afraid to contact us for help.

After you've been injured, your primary priority is to seek medical assistance as soon as you can. Once you're stable we suggest that you consult with a knowledgeable FELA attorney. Our attorneys can help you understand the process and your options. They can also assist you to file your claim.

Once you have filed an action the railroad company will have 30-60 days to respond. The court will set a discovery plan so that both parties can exchange evidence. Paper discovery (documents medical records, documents, etc.) and depositions of witnesses will be included. Both parties can also file motions disputing certain aspects of the evidence.

It is crucial to 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're entitled to.

The courts will assign an amount of fault to each party, which will affect your award. Our lawyers will assist you fight to protect your rights in court and we're not afraid to take a case to trial when necessary.

Depending on the circumstances surrounding your injury, you might be capable of settling your case without going to trial. Our FELA lawyers can assist you to negotiate with the employer to reach a fair settlement.

We will be your advocate throughout the duration of your FELA claim if you choose to hire us. We will help you file your claim, answer any questions your insurance company may ask, and assist you in getting the right medical documents to support your claim.

We are able to advance you money, interest free, while your case is pending. This can be very helpful when 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 submit an action for compensation?

The first step to the process of a successful FELA claim is to engage a skilled attorney. The attorney can help you prove that you're eligible, and clear hurdles such as the burden of proof. fela settlements can also help you submit your claim within the three-year statute of limitations. Additionally, a licensed attorney will ensure that you have proper documentation to support your claim. This includes medical records and incident reports, as in addition to photographs and other evidence. Proper documentation is crucial for FELA claims since it can help you demonstrate that your injuries were a result of workplace-related accidents. It can be useful in showing that your employer was negligent.

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

It is your responsibility to inform your employer of your injuries after you have received medical treatment. You can do this either by filling out 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 starts collecting statements, photographs and other evidence right after you've been injured.

Your lawyer will need to be aware of the information as quickly as possible to start your claim as 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.

If your lawyer has the required documentation, they will bring an action against the railroad. The FELA procedure is largely similar to personal injury lawsuits, with both sides conducting thorough investigations and negotiating settlement options. If the parties cannot agree on a settlement, they will proceed to trial where the jury or judge will decide the case.

If you've been injured working for the railroad, FELA provides an opportunity to secure damages that go above and beyond what you would receive through traditional workers' compensation. To find out more about this procedure and what experienced FELA attorneys can assist you, call Schwartzapfel Lawyers today.

How long will my claim be?

The timeframe to file a claim is dependent on many factors, such as the severity of an injury and whether it is possible to return to work. A skilled FELA lawyer will know how best to gather evidence and present it to get the maximum amount of compensation in federal court. Benefits can be used to cover medical costs and personal injury costs and lost wages. In the case that a fatal accident occurs, a wrongful death claim may also be filed on behalf of family members.

FELA claims are a reflection of the particular risks associated with railroad jobs and offer an excellent opportunity to claim damages that go over and beyond the ones that are available in workers' compensation cases. The process is not easy, and an experienced attorney is needed to ensure that all issues are raised. The statute of limitations demands that the lawsuit be filed within 3 years of the date of injury.

A judge may usually call for mandatory mediation and settlement conferences after the filing of a lawsuit to try to settle the case prior to trial. If the case doesn't settle at this point the case will eventually be heard by the judge who will decide the damages due to the injured worker.

As we have already mentioned, obtaining all the necessary medical treatment for a successful FELA claim is crucial. This is vital not just for the health of the injured employee, but as well for the success of the claim. If the injuries sustained by a worker aren't as severe as claimed by the company, they might be able argue that the injury isn’t as serious as they claim. The lawsuit may be dismissed.

Furthermore, it is essential that one seek legal advice as soon as possible following an injury. A FELA lawyer can help a victim navigate the whole federal court process and help them file an effective wrongful death claim or workers compensation claim. Look for attorneys or law firms that have expertise in FELA cases. Find out about their previous success and request recommendations from other railroad accident victims, union representatives or colleagues.