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How Federal Employer Liability Act (FELA) Lawsuits Are Handled

When it comes to FELA injury claims, the procedure largely is similar to personal injury lawsuits. Both your legal representative and your employer will investigate the incident thoroughly before negotiating a settlement.

This is the reason that hiring a FELA attorney who is experienced is essential. A successful claim can lead to compensation for medical expenses, lost wages and non-economic damages such pain and suffering.

Statute of limitations

The Federal Employers’ Liability Act (FELA) that was passed in the year 1986 and provides railroad workers with greater protections than the state’s laws on workers’ compensation. While claims for workers’ compensation are filed and processed in the state in which an injury occurs, FELA claims can be brought to any court in the country. Like any legal claim, it is important to understand the law and how it relates to your case.

The statute of limitations is one of the most crucial aspects of a FELA lawsuit. A statute of limitations is a time period within which a lawsuit has to be filed or be deemed to be inadmissible. In the majority of states, an individual has two to three years to bring a civil suit for personal injuries that result from another party’s negligence. However the FELA statute of limitations is much shorter. In most instances, a person is required to make a FELA lawsuit or claim within three years of the date that they knew or should’ve been aware that their injury was connected to their railroad work.

This three year window is very important because if a person who has been injured or the family of a deceased worker misses the deadline, they’ll lose their right to bring a lawsuit for damages. The legal system enforces the timelines and rarely makes exceptions. It is crucial that a railroad worker injured or the loved one of the deceased railroad worker seeks an experienced lawyer immediately following the accident.

In the vast majority of FELA lawsuits, an injured worker is entitled to compensation, including medical expenses, lost wages and pain and suffering. These damages can be awarded for both trauma-related injuries, like broken bones and torn muscles, and occupational diseases such as mesothelioma, among others. A FELA claim could also include compensation for ancillary costs related to the injury such as transportation to and from work.

Documentation of injuries and damages is essential to the success of a FELA claim. This documentation should include medical records that detail the extent of an injured person’s injuries and their connection to the workplace incident. It is also important to gather as much data about the incident at work as possible as possible, including witnesses who could be able to testify about the truth.

In the case of death, compensation is awarded to the survivor spouse or children of the deceased. In most cases, the surviving spouse and children will receive a maximum of $300,000 in wrongful death benefits. The amount could be significantly raised in the event that an heir can prove that the death was the result of a violation of the federal safety law or regulation.

Statute of Repose

When railroad workers are injured or killed in the course of their work, the Federal Employers Liability Act (FELA) allows for their families to seek damages. As Supreme Court Justice William Douglas explained, FELA “puts on the industry some of the cost of the legs, eyes arms, lives, and legs that it uses in the pursuit of its business.”


In the event of an injury, illness, or death, it is essential to have an incident report and official documents. FELA requires that railroads ensure a safe and secure workplace for its employees and be accountable to them.

The statute of limitations can bar the filing of a lawsuit if not filed within three years following the incident. It is essential to speak with an attorney who understands FELA law and who can make your claim as quickly as possible.

Contrary to claims for worker’s compensation, FELA lawsuits can be filed in both state and federal court. It’s generally simpler to file a lawsuit in federal court if the plaintiff’s attorney has experience in that jurisdiction.

The statute of limitations for FELA claims differs from the statute of limitation for workers’ compensation. In most states, a lawsuit must be filed within one or two years from the date of the injury. However, in FELA claims the timeframe is usually three years from the time the injury or disease was discovered. In some instances, this timeline may be extended based on the date of discovery or in the case of an illness that was diagnosed, the date on which it was first identified as being related to work.

A personal representative must be appointed by the estate of the decedent to bring a wrongful death lawsuit under FELA. Anyone who files an action could be dismissed if they lack standing.

In the majority of FELA lawsuits the plaintiff is required to prove that the disease or injury was at a minimum due to the negligence of the employer. The burden of proof is different substantially from the requirements to win a negligence claim.

Although a lawsuit can be filed in federal or state court, the majority of FELA lawsuits are taken to mediation and get settled before they reach trial. A FELA lawyer with experience can help you get the best possible outcome for your case, by representing you at these pre-trial conference and mediations. A lawyer who has tried FELA trials can ensure that the arbitrator or judge knows what’s at stake for your and/or your family.

Pre- fela settlements of filing a suit can be intimidating to railroad workers who have been injured on the job. Although every case is unique many civil lawsuits follow the exact same steps. The skilled FELA lawyers at Bohrer Brady LLC can help ensure that your rights are protected throughout the litigation process.

When you have been injured while working, the first step is to get medical treatment and notify your employer. You should then speak with an FELA lawyer or union representative. This will begin the legal process of establishing the negligence of your railroad’s employer caused the injury.

In the first phase of the lawsuit the lawyer will typically file a complaint in federal court. The complaint will detail your injuries as well as the allegations against your employer. After the complaint is filed, the investigation can begin.

This phase is crucial to the success of your FELA claim because it is at this point when the parties typically agree to settle some or all of the issues through alternative dispute resolution options like mediation or an agreement that is negotiated. If the parties are not able to come to an agreement, or if they do not resolve the issue through motion, the lawsuit will be filed.

Both sides will have attorneys present evidence and interview witnesses before a jury or judge gives an award. During this time the legal counsel you choose can argue a compelling argument for you to maximize your benefits and ensure you are awarded the money you need to recover from your injuries. This could mean damages for past or future lost earnings, future medical expenses, future suffering and pain and much more.