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FELA Claims and How to File Them

FELA claims bypass the limits on damages that typically apply to workers' compensation claims. However, large railroad companies might attempt to reduce your claim by denying the extent and nature of your injuries.

Knowing the nuances of fela claims can help you obtain fair compensation. Legal representation from lawyers who specialize in these types of cases can make all the difference.

What is the FELA?

The FELA is a set of federal laws that were created to protect railroad workers. It permits injured workers to sue their employers to recover damages that include medical expenses, lost wages, pain and suffering and more. Unlike workers' comp claims, FELA allows monetary payouts to be determined by juries instead of according to predetermined benefit schedules in state law. This permits employees to receive higher payouts, but it also demands that they demonstrate their case.

Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act which can strengthen a worker’s case by making the case that the railroad company was in violation of workplace standards easier. These laws can help to strengthen a claim when an accident occurred prior to the three-year limitation period for FELA claims.

It is essential to choose an attorney with expertise in your field of work. They will be able to guide you through the entire process more efficiently and quickly. Find a lawyer who has worked with clients in your area. They may have encountered the same problems as you and will be able to provide you with useful advice.

It's important to remember that the FELA doesn't exclude contractors from bringing lawsuits against injury victims. Contractors are frequently employed by large rail companies to perform temporary work or special projects. However although they are not considered directly employed by the railroad, FELA can still hold them liable if they are negligent in their job.

It is also important to carefully fill out all forms you're required to fill out within the FELA procedure, as 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 unsure of what to do to answer questions on the form, call your union representative as soon as possible and have them explain what alternatives are available to you. Also, you should take photographs of the location or machinery involved in your accident, and keep an account of your expenses as well as the nature and severity of your injuries.

What are my rights?

fela accident attorney worry that filing a FELA claim will taint their relationship with their employer or cause negative consequences. FELA prohibits employers from retaliating against employees who seek compensation for work-related injuries. Contact us if you believe your employer has violated the FELA.

If you're injured, it is crucial to seek medical attention. Once you've recovered, we recommend you contact a FELA attorney with expertise. Our attorneys can assist you understand the process and your options. They can also help you make a claim.

After you submit a claim to the railroad company, they are given 30-60 calendar days to respond. The court will schedule a discovery plan where both parties can exchange evidence. This will include documents for discovery (documents and medical records) and witness depositions. Both parties can also file motions disputing certain aspects of the evidence.

It is essential to determine the full extent of your injury, which includes future medical needs as well as other damages. Our lawyers can obtain the highest amount of compensation.

The courts will assign a percentage of fault to each party, which could impact your award. Our attorneys will help you defend your rights in court and we are not willing to go to trial when necessary.

Based on the circumstances of your injury, you might be capable of settling your case without going to trial. Our FELA lawyers will assist you to negotiate with your employer and come to an agreement that is fair.

We will assist you throughout the duration of your FELA claim if you hire us. We will assist you with filing your claim, address any questions your employer or insurance company may have, and assist in getting the appropriate medical documentation to bolster your claim.

If your case is still pending we are able to loan you money with no interest. This is a great option in the event that you are struggling to pay your bills while waiting for your settlement. Contact us today for a complimentary consultation on the FELA claims process.

How do I submit a claim for compensation?

The first step in a successful FELA claim is hiring an experienced attorney. The attorney can help you prove that you're eligible, while clearing hurdles like the burden of proof required. They can also assist you in filing your claim within the three-year time limit. A licensed attorney can ensure that you have all the evidence necessary for your case. This includes medical documents, incident reports, photographs, and other evidence. Documentation is essential for FELA claims as it helps to establish that your injuries were the result of an incident at work. It is also helpful for demonstrating that your employer was negligent.

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

After you've received medical treatment, you need to notify your employer. You can either fill out an official accident form or inform your supervisor of the incident. It is important to complete this as quickly as you can, since railroads begin collecting statements, photos and other evidence immediately after an injury occurs.

Your lawyer will want to have the information as early on in your claim as is possible because memories fade and evidence dwindles with time. This is why it's so crucial to get a skilled attorney as soon as you've suffered an injury.


When your lawyer has all the documentation they require, they'll make a claim against the railroad. The FELA process is similar to personal injury lawsuits. Both sides conduct thorough investigations and talk about settlement options. If the parties cannot agree on a settlement, they proceed to a trial in which a jury or judge will decide the case.

If you have been injured on the job, FELA can provide you with damages that go over and above what you would get under traditional workers' compensation. Schwartzapfel Lawyers can help you to learn more about the FELA process and how experienced FELA lawyers can do for your case.

How do I expect to take to process my claim?

The timeframe for 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 skilled FELA lawyer will be able to gather and present the evidence needed to get the maximum amount of compensation in federal court. Benefits can be used to cover medical costs as well as personal injury expenses and lost wages. In the event of an accident that causes death, family members can file an action for wrongful death.

FELA claims are an excellent way to obtain compensation for railroad workers who face particular risk. They also provide a better opportunity than workers compensation claims to secure additional damages. However the process is a bit complicated and requires an experienced lawyer to ensure that all issues are discussed and addressed. The statute of limitations requires that a lawsuit be filed within three years of the date of injury.

A judge is usually the one to order mandatory settlement conferences and mediation after a lawsuit has been filed in order to settle the case prior to trial. If the case doesn't settle at this point, it will go to trial, where the judge will determine what damages are due the employee who has been injured.

As we have already mentioned, obtaining all the necessary medical treatments for the successful FELA claim is crucial. This is crucial, not only for your health but also for the success in your claim. If the injuries suffered by a worker aren't as serious as they were claimed by the company, they may be able argue that the injury isn't as severe as claimed. The lawsuit could be dismissed.

Furthermore, it is essential that a person seek legal advice as soon as is possible after an injury. A FELA lawyer can help a victim navigate the entire federal court process, and assist in filing an effective wrongful death claim or workers compensation claim. Look for attorneys or law firms with experience with FELA cases. Ask about their previous successes and seek recommendations from colleagues or union representatives who have had similar experiences an accident on the railroad.

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