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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 limit your claim if they question the severity of your injuries and the extent to which they are.

Understanding the complex fela claims can assist you in receiving fair compensation. It can make a significant difference to seek legal advice from lawyers who specialize in these types of cases.

What is fela accident attorney ?

The FELA is a set of federal laws that are 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. In contrast to claims for workers’ compensation which are not covered by the FELA, the FELA allows for monetary payments that are decided by juries, rather than following pre-determined benefits schedules set by the law of the state. This allows employees to receive significantly higher award amounts, but it also requires a higher burden of proof for an employee to prevail in a case.

In addition to FELA in addition, there are additional federal laws like the Locomotive Inspection Act and Railroad Safety Appliance Act that could make a difference for a worker’s claim by making it easier to demonstrate the railroad company breached workplace standards. These other statutes may aid in proving a claim if the accident occurred after the three-year period of limitation for FELA claims.

It is essential to choose an attorney with prior experience in your field of work. They will be able guide you through the entire procedure more efficiently and swiftly. If you can, choose a lawyer who works with other clients in your field of work and have already encountered the same issues you are facing and provide valuable advice based on their experience.

Another crucial point to be aware of is that the FELA does not prohibit contractors from making injuries claims. Contractors are frequently employed by larger rail companies on a temporary basis or for special projects, however, even though they’re not considered to be employees of the railroad, they could still be held accountable under FELA when they’re negligent in their work.

It’s also important to carefully fill out any forms that you’re required to fill out as part of the FELA process, as they’re typically created by the railroad’s lawyers or claims department to gather information they could use to reduce your claim. Contact your union representative immediately if you aren’t sure how to answer questions on the form. They will be able to tell you the options available to you. It’s also crucial to take photographs of any locations or machinery involved in your injury, as well as to keep track of your expenses and the severity and nature of your injuries.

What are my rights?


Many workers worry that filing a FELA claim could sour their relationship with their employer or lead to negative consequences. However, FELA explicitly prohibits employers from punishing employees who file a claim for compensation for injuries sustained at work. If you believe your employer has violated FELA, don’t hesitate to reach us for help.

After you’ve suffered an injury, your first priority should be to seek medical treatment as soon as you can. Once you’re stable We recommend to contact a seasoned FELA attorney. Our attorneys can help you understand the process and your options. They can also assist you with submitting your claim.

When you make a claim with the railroad company, they have 30 to 60 calendar days in which to respond. The court will schedule a discovery plan where both parties can share evidence. Paper discovery (documents medical records, documents and other documents.) and depositions of witnesses will be taken. Both sides can also file motions to challenge certain aspects of the evidence.

It is crucial to disclose the complete extent of your injuries. This includes future medical expenses 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 will affect the amount you receive. Our attorneys will defend your rights in court and aren’t scared to take you to trial if needed.

You may be able settle your case before trial depending on the circumstances that led to your injury. Our FELA lawyers will assist you to negotiate with your employer to reach an agreement that is fair.

We will assist you throughout the duration of your FELA claim if you employ us. We will help you file your claim, address any questions your employer or insurance company may have, and assist with getting the right medical documents to support your claim.

We are able to advance you money, with no interest in the event that your case is pending. This can be very helpful if you are struggling to pay your bills while waiting for your settlement. Contact us today for a complimentary consultation about the FELA claims process.

How do I make an action for compensation?

The first step in a successful FELA claim is to hire a skilled attorney. The attorney can help you prove that you qualify and overcome obstacles like the burden of proof. They can also help you submit your claim within the three-year statute of limitations. A licensed attorney can ensure that you have all the evidence necessary for your case. This includes medical records and incident reports as well as photographs and other evidence. Documentation is essential for FELA claims as it helps you prove that your injuries were the result of work-related incidents. It could be helpful in showing that your employer was negligent.

If possible, seek immediate medical attention if you have been injured. This is crucial for your health and for your injury claim. Get copies of your medical records to ensure that you have complete and accurate information regarding your case.

After receiving medical treatment, it is important to notify your employer. You can fill out the an official accident form or inform your supervisor of the incident. It’s crucial to get this done as quickly as you can, since the railroad starts gathering statements, photos and other evidence right after you’ve been injured.

Your lawyer will need to know the information as soon as possible in order to begin your claim since memories fade and evidence is lost as time passes. It is crucial to find an experienced lawyer as soon as you can after the accident.

If your lawyer has the required documents and documentation, they can start an action against the railroad. The FELA process is similar to personal injury lawsuits. Both parties conduct thorough investigations and discuss settlement options. If the parties cannot reach an agreement, they’ll go to trial, where the jury or judge will decide on the case.

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

How do I expect my claim to take?

The time frame to file an action is contingent on many aspects, such as the severity of an injury and if it’s possible to return to work. A knowledgeable FELA lawyer will know how to gather and present evidence 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 event of an accident that results in death, family members can make claims for wrongful deaths.

FELA claims reflect the unique risks of railroad work and offer an excellent opportunity to secure damages that go over and beyond those available in workers’ compensation cases. The process is not easy, and an experienced attorney is needed to ensure that all issues are taken care of. The statute of limitations stipulates that an action be filed within 3 years from the date of injury.

A judge may usually call for mandatory mediation and settlement conferences after a lawsuit has been filed in order to settle the case prior to trial. If the case isn’t resolved in these early stages it will be subject to trial, where the judge will decide what damages are due to the injured employee.

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 worker but as well to ensure the success of the case. If a worker’s injuries 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 could be denied.

Furthermore, it is essential that one seek legal advice as soon as is possible after an injury. A FELA attorney can help victims navigate the federal court system and file a successful wrongful death or workers compensation claim. Look for attorneys or law firms with experience with FELA cases. Ask about their past success and request referrals from other railroad accident victims, union representatives or colleagues.