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FELA Claims and How to File Them

FELA claims don’t have the same limitations on damages as workers’ compensation cases. However, the railroad companies will try to limit your claim if they doubt your injuries and their severity.

Understanding the complicated fela claims can ensure that you receive a fair amount of compensation. It can make a significant difference to get legal representation by lawyers who specialize in these types of cases.

What is the FELA?

The FELA is a federal law designed to protect railroad workers. It allows injured workers to sue their employers to recover damages, including medical expenses, wages lost, pain and suffering and much more. Contrary to claims for workers’ compensation, FELA allows monetary payouts to be decided by juries, rather than following predetermined benefit schedules in state law. This allows workers to receive more substantial amounts of money, but it also imposes a higher burden of proof to prevail in a case.

In addition to FELA and FELA, there are other federal laws, such as the Locomotive Inspection Act and Railroad Safety Appliance Act that could make a difference for a worker’s claim by making it easier to prove the railroad company breached workplace standards. Other laws may help strengthen a claim if the incident occurred after the three-year period of limitation for FELA claims.

It’s important to choose an attorney who is who is familiar with your particular kind of work, since they’ll be able guide you through the process more efficiently and swiftly. Find a lawyer that has worked with clients in your field. They might have faced the same problems as you and will be able to give you valuable guidance.

Another crucial point to be aware of is that the FELA does not exclude contractors from making injuries claims. Contractors are often used by larger railroad companies on a short-term basis or for special projects but even though they’re not considered as direct employees of the railroad, they could still be held liable under FELA if they’re negligent in their work.

It’s also important to carefully complete any forms you have to complete as part of the FELA procedure, as they’re usually designed by the railroad’s attorneys or claims department in order to collect information they could use to weaken 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. You should also take photos of the place or equipment that was involved in the accident, and keep track of all your expenses as well as the nature and severity of your injuries.

What are my rights?

Many workers worry that filing a FELA claim will taint their relationship with their employer or cause negative consequences. However, FELA explicitly prohibits employers from punishing employees who seek compensation for injuries sustained at work. If you believe your employer has violated FELA Don’t hesitate to reach us for assistance.

If you’re injured, it is important to seek medical attention. After you’ve stabilized it is recommended that you consult an FELA attorney with experience. Our attorneys can assist you to understand the process and your options. They can also assist you in filing your claim.

After you have filed a claim the railroad company will have 30-60 days to respond. The court will then schedule a discovery plan in which both parties will exchange evidence. This includes paper discovery (documents and medical records) and witness depositions. Both parties can also file motions disputing certain aspects of the evidence.

Accident Injury Lawyers is crucial to understand the full scope of your injury, including future medical needs and other damages. This will enable our lawyers to fight for the maximum amount you deserve.

The courts will assign an amount of fault to each party, which could affect 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 of your injury, you may be able to settle your case without having to go to trial. Our FELA lawyers can assist you to negotiate with the employer to reach a fair settlement.

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

We are able to advance you money, without interest, while your case is in the process of being resolved. This is a great option in the event that you are trying 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 in the process of a successful FELA claim is to engage a skilled attorney. This person can help you establish your eligibility while clearing hurdles like the burden of proof. They can also aid you in filing your claim within the 3-year statute of limitation. Additionally, a licensed lawyer can ensure that you have appropriate documentation for your case. This includes medical records, incident reports photographs and other evidence. Documentation is essential for FELA claims as it helps to prove that your injuries were a result of workplace-related accidents. It can be useful in showing that your employer was negligent.

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

You must inform your employer of your injuries after you have received medical treatment. You can either fill out official accident forms or inform your supervisor about the incident. It is crucial to report the incident as soon as you can because the railroad starts gathering statements, photos and other evidence right after you’ve suffered injuries.

Your lawyer will need to know the information as soon as possible in order to begin your claim, because memories fade and evidence is lost over time. It’s important to hire an experienced attorney as soon as you can after the accident.

Once your lawyer has all the documentation they require, they’ll make a claim against the railroad. The FELA process largely mirrors personal injury lawsuits in that both sides conduct thorough investigations and discussing settlement options. If the parties cannot reach an agreement, they’ll go to trial, where a judge or jury will decide on the case.

If you’ve suffered an injury while working for a railroad, FELA provides an opportunity to secure damages that go beyond what you could receive through traditional workers’ compensation. To learn more about this process and what experienced FELA attorneys can assist you, call Schwartzapfel Lawyers today.

How do I expect my claim to take?

The duration of a claim depends on a variety of variables including the severity of an injury, and whether or not it’s possible to return to work. However, a knowledgeable FELA attorney will know how to gather and present the evidence required to get the maximum amount of compensation in federal court. The benefits can be used to pay for medical expenses, personal injury costs, and lost wages. In the case of an accident that causes death, the family members may make a claim for wrongful death.

FELA claims are an excellent way to obtain compensation for railroad workers who are subject to particular dangers. They also offer more chance than workers compensation claims to obtain additional damages. The process is complicated and an experienced attorney will be needed to ensure that all issues are addressed. A lawsuit must be filed within three years of the date of the injury and the statute of limitations is strictly enforced.

A judge will usually order mandatory mediation and settlement conferences after a lawsuit has been filed in an effort to settle the matter prior to trial. If the case does not settle at this stage, the case will be referred to trial by the judge who will decide the damages due to the injured worker.


As stated as one of the most important aspects of an effective FELA case is ensuring that all necessary medical treatment is obtained. This is crucial not just for your health but also for the success of your claim. If a worker doesn’t receive proper medical care, the company may be in a position to argue that the injuries aren’t as severe as they are claimed to be and the lawsuit could be dismissed.

It is also essential that a person seek legal advice as soon as is possible after suffering an injury. A FELA attorney can help victims navigate the federal court system and file a successful wrongful-death or workers compensation claim. If you are looking for an attorney or law firm, seek out those who specialize in FELA cases and have a solid track of success. Find out about their past successes and seek referrals from your colleagues, union representatives or others who have had similar experiences with a railroad accident.