A Relevant Rant About Fela Claims FELA Claims and How to File Them

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

Understanding the intricacies of fela claims can help you get fair compensation. It can make a huge difference to seek legal advice by lawyers who specialize in these cases.

What is the FELA?

The FELA is an array of federal laws that were created to protect railroad workers. It allows injured employees to sue their employer and seek compensation, which includes medical expenses and loss of wages, pain and suffering, and many more. In contrast to claims for workers' compensation, the FELA allows for monetary compensation determined by juries instead of following pre-determined benefit schedules imposed by state law. This enables workers to receive much higher award amounts, but it also imposes a higher burden of proof for an employee to win a case.

Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act, can strengthen a worker’s case by making proving that the railroad company violated workplace standards simpler. Other laws may aid in proving a claim if the incident occurred after the three-year period of limitation for FELA claims.

It is important to select an attorney who has experience in your field of work. They will be able guide you through the entire procedure more efficiently and swiftly. If possible, look for a lawyer who works with clients from your field because they might have faced similar problems you face and offer you valuable advice from their experience.

Another key point to remember is that the FELA does not prohibit contractors from filing injury claims. Contractors are typically employed by larger railroads on a temporary basis or for special projects, however, even though they're not considered to be direct employees of the railroad, they can still be held accountable under FELA if they're negligent in their job.

It's also important to carefully fill out any forms that you have to complete as part of the FELA process, as they're usually created by the railroad's lawyers or claims department in order to collect information that they could use to weaken your claim. Contact your union representative immediately if you are unsure how to answer questions on the form. They can explain to you the options available. It's also crucial to have photographs taken of any locations or machinery involved in your accident, as well as to keep track of your expenses and the nature and severity of your injuries.

What are my rights?

Many workers are worried that filing a FELA complaint could adversely affect their relationship with their employers or result in negative consequences. FELA prevents employers from retaliating against employees who seek compensation due to work-related injuries. If you believe that your employer has violated FELA, don't hesitate to contact us for assistance.

After you have been injured, your primary priority should be seeking medical attention as soon as possible. When you are stabilized we suggest that you contact an experienced FELA attorney. Our lawyers can help you understand the process and help you understand your options. They can also assist you to with the filing of your claim.

After you make a claim with the railroad company, they will have 30 to 60 calendar days in which to respond. The court will set a discovery plan so that both parties will be able to exchange evidence. This will include documents for discovery (documents and medical records) and witness depositions. Both parties may also file motions disputing some of the evidence.

It is important to get the full extent of your injuries, including future medical requirements and other damages. Our lawyers can obtain the highest amount of compensation.


The courts will assign a percentage of the fault to each party, which could affect your award. Our attorneys will fight for your rights in court and are not afraid to go to trial if necessary.

Depending on the circumstances surrounding your injury, you might be in a position to settle your case without going to trial. fela attorneys can help you negotiate with the employer to reach a fair agreement.

When you hire our company, we will be your legal representatives throughout the duration of your FELA case. We can assist you in filing your claim, addressing any questions your insurance company or employer may have, and obtaining the necessary medical evidence to back your claim.

We may even loan you money, interest free in the event that your case is in the process of being resolved. This can be very helpful if you are trying to pay your bills while waiting for your settlement. Contact us for no-cost consultation on the FELA claim process.

How do I file an application for compensation?

Employing a competent attorney is the first step towards a successful FELA case. This person can help you prove that you're eligible, and clear hurdles such as the burden of proof. They can also assist you in determining whether you are eligible to make your claim within the three-year period of limitations. A qualified attorney can also ensure that you have all the documentation necessary for your case. This includes medical records and incident reports, as along with photographs and other evidence. Proper documentation is important for FELA claims because it helps you establish that your injuries are a result of work-related incidents. It could be helpful in proving that your employer was negligent.

If possible, seek immediate medical attention if you've been injured. This is essential for your health and for your injury claim. Be sure to get copies of all your medical records so you have the most complete and accurate information you can get for your situation.

After you've received medical treatment, you need to notify your employer. You can either fill out an an official accident form or inform your supervisor about the incident. It's important to do this as early as you can since the railroad starts collecting statements, photographs and other evidence as soon as you've suffered injuries.

Your lawyer must be aware of the information as quickly as possible in order to begin your claim as memories fade and evidence disappears as time passes. It is essential to retain an experienced lawyer as soon as possible after you've suffered an injury.

Once your lawyer has the required documents they will bring a lawsuit against the railroad. The FELA procedure is largely similar to personal injury lawsuits and both sides conducting thorough investigations and discussing settlement options. If the parties are unable to reach a settlement, they will proceed to a trial in which jurors or judges decide the case.

If you have been injured on the job, FELA can provide you with damages that are more than what you would get under traditional workers' compensation. To learn more about this process and what skilled FELA attorneys can help you, contact Schwartzapfel Lawyers today.

How long will my claim be?

The length of time a claim can be filed depends on many different factors, including the severity of an injury, as well as whether or not it is possible to return to work. However, a skilled FELA lawyer will be able to gather and present the evidence required to secure maximum compensation in federal court. The benefits may cover medical bills, personal injury costs and lost wages. In the case of an accident that results in death, family members can bring an action for wrongful death.

FELA claims are a great way to get compensation for railroad employees who face unique dangers. They also offer a better opportunity than workers compensation claims to secure additional damages. However, the process is complex and requires a skilled lawyer to ensure that all issues are discussed and resolved. 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 in order to settle the case before trial. If the case isn't settled in these early stages it will be subject to trial, where the judge will decide what damages are due the injured employee.

As previously mentioned as one of the most important elements of an effective FELA claim is to ensure that all medical treatment is obtained. This is critical not just for the health of the injured worker but also to ensure the success of the case. If the injuries sustained by a worker aren't as severe as the ones claimed by the company, they might be able to argue that the injury isn't as severe as claimed. The lawsuit may be dismissed.

It is also essential to seek legal advice as soon as you can following an injury. A FELA attorney can help victims navigate the federal court system and file a successful wrongful-death or workers compensation claim. Find attorneys or law firms with experience with FELA cases. Inquire about their past successes and ask for recommendations from colleagues, union representatives or others who have had similar experiences an accident on the railroad.