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Don't Stop! 15 Things About Fela Claims We're Tired Of Hearing
FELA Claims and How to File Them

FELA claims are able to bypass the limitations on damages which are usually applicable to workers' compensation cases. However, the railroad companies will attempt to limit your claim when they question your injuries and their extent.

Knowing the nuances of fela claims can help you secure fair compensation. Seeking legal representation from attorneys who specialize in these types of cases can make all the difference.

What is the FELA?

The FELA is an act of the federal government to safeguard railroad employees. It permits injured workers to sue their employer and recover damages, such as medical expenses, loss of wages along with pain and suffering and more. Contrary to claims for workers' compensation, FELA allows monetary payouts to be decided by juries instead of according to predetermined benefit schedules under state laws. This allows employees to receive higher award amounts but also requires that they demonstrate their case.

Other federal laws, like the Locomotive Inspection Act or Railroad Safety Appliance Act could aid a worker's claim by making the process of proving that a railroad company violated workplace safety standards easier. These laws can also aid in making a claim stronger in the event that an accident occurred outside of the three-year period of limitations, which applies to all FELA cases.

It is essential to choose an attorney with expertise in the field you work in. They will be able guide you through the entire process faster and more efficiently. If possible, look for an attorney who has worked with other clients in your field and have faced similar problems you face and can give you valuable advice based on their experiences.

Another crucial point to be aware of is that the FELA does not bar contractors from filing injury claims. Contractors are often used by larger rail companies on a temporary basis or for special projects, but even though they're not considered to be direct employees of the railroad, they can still be held liable under FELA when they're negligent in their job.

It's important to take your time when you fill out any forms that you're required to fill out as part of the FELA process, since they're often designed by the railroad's lawyers or claims department to get information they can use to weaken your claim. Contact your union representative immediately if aren't sure how to answer questions on the form. They can explain to you the options available to you. It's also crucial to take photos 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 employees worry that filing a FELA claim will taint their relationship with their employer or result in negative consequences. However, FELA explicitly prohibits employers from retaliating against employees who seek compensation for work-related injuries. If you believe that your employer has violated FELA, don't hesitate to contact us for help.

After you've been injured, your first priority is to seek medical treatment as soon as you can. Once you've recovered we suggest that you speak with an FELA attorney who has experience. Our lawyers can help you understand the process and assist you in understanding your options. They can also help you with the filing of your claim.

When you submit a claim to the railroad company, they have 30 to 60 calendar days in which to respond. The court will then schedule an investigation plan in which both parties can exchange evidence. Paper discovery (documents such as medical records, documents and medical records, etc.) and depositions of witnesses will be taken. Both sides could also file motions to challenge certain aspects of the evidence.

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

fela claims railroad employees will assign a percentage of fault to each party, which could impact your award. Our lawyers will fight for your rights in court and are not afraid to go to trial if needed.

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 represent you throughout the duration of your FELA claim if you hire us. We will assist you with filing your claim, answering any questions that your insurer or employer might have and obtaining the required medical documentation to back your claim.

We can even advance you money, interest free, while your case is still pending. This can be very helpful when you're trying to pay your bills while waiting for your settlement. Contact us for no-cost consultation regarding the FELA claim process.

How do I file a claim for compensation?

Finding a reputable attorney is the first step in a successful FELA case. The attorney can help you prove that you qualify and overcome obstacles like the burden of evidence. They can also assist you to submit your claim within the 3-year statute of limitations. An experienced attorney can ensure that you have all the documents required to support your claim. This includes medical records, incident reports, photographs, and other evidence. Documentation is crucial for FELA claims, as it helps you prove your injuries were the result of work-related incidents. It can also be helpful in proving that your employer was negligent.

The next step is seeking immediate medical attention for your injuries should you be able to. This is important not only for your health but also for your injury claim. In addition, be certain to obtain copies of all your medical records so that you have the most complete and accurate information available for your case.

It is your responsibility to inform your employer about your injury after you have received medical treatment. You can either fill out official accident forms or inform your supervisor of the incident. You should complete this as quickly as possible because railroads begin collecting statements, photographs and other evidence immediately after an injury occurs.

Your lawyer must know the information as soon as possible to begin your claim, as memories fade and evidence is lost over time. This is why it's so critical to hire a knowledgeable attorney as soon as you've suffered an accident.

Once your lawyer has the necessary documentation they will start an action against the railroad. The FELA procedure is similar to personal injury lawsuits. Both sides conduct thorough investigations and discuss settlement options. If the parties aren't able to reach an agreement, they'll go to trial, where jurors or judges will decide the case.

If you've been injured while working for a railroad, FELA provides an opportunity to secure damages that go over and above the amount you'd receive from traditional workers' compensation. To find out more about this procedure and the services experienced FELA attorneys can do for you, contact Schwartzapfel Lawyers today.

How do I expect to take to process my claim?

The time frame for filing a claim depends on a variety of factors, including the severity of a personal injury and if it's feasible to return to work. However, a skilled FELA attorney will know how to gather and present the evidence required to get the maximum amount of compensation in federal court. Benefits can be used to pay for medical costs and personal injury costs and lost wages. In the event of an accident that causes death, family members can bring a claim for wrongful death.

FELA claims are a great method of obtaining compensation for railroad workers who face unique dangers. They also provide more chance than workers' compensation claims to secure additional damages. The process is not easy and an experienced attorney will be needed to ensure that all issues are taken care of. The statute of limitations stipulates that an action be filed within 3 years of the date of injury.

A judge will usually order mandatory mediation and settlement conferences after a lawsuit has been filed in order to settle the case before trial. If the case isn't settled at this point the case will be sent to trial, where the judge will decide the amount of damages due to the injured employee.


As we have already mentioned that obtaining all the required medical treatment required for a successful FELA claim is crucial. This is critical, not only for the health of the injured employee, but also for the success of the claim. If the injuries sustained by a worker aren't as severe as the ones claimed by the company, they could be able argue that the injury isn't as severe as claimed. The suit could be denied.

It is also crucial to seek legal advice as quickly as you can following 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. When looking for an attorney or law firm, look for those that specialize in FELA cases and have a track of success. Find out about their previous successes and ask for suggestions from other railroad accident victims, union representatives, or colleagues.

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