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9 Lessons Your Parents Teach You About Fela Claims
FELA Claims and How to File Them

FELA claims are able to bypass the limitations on damages that are typically applicable to workers' compensation claims. However, the railroad companies may try to limit your claim when they question your injuries and their extent.

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

What is the FELA?

The FELA is an act of the federal government to safeguard railroad employees. It allows injured employees to sue their employers and recover damages, including medical expenses and lost wages, pain and suffering, and many more. Unlike workers' comp claims, FELA allows monetary payouts to be decided by juries, rather than according to predetermined benefit schedules in state law. This allows employees to receive higher payouts, but it also demands that they present their case.

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

It is important to select an attorney with expertise in your field of work. They can guide you through the entire process more efficiently and quickly. If you can, choose an attorney who has worked with clients from your line of work and have faced similar issues you are facing and offer you valuable advice from their experiences.

It's important to remember that the FELA doesn't exclude contractors from bringing lawsuits against injury victims. Contractors are frequently employed 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 can still be held accountable under FELA when they're negligent in their job.

You should also take the time to complete all forms you are required to complete during the FELA procedure, as they are typically designed by the railroads lawyers or claims department to collect information that they can use to weaken the claim. If you're unsure of what to do to answer questions on the form, call your union representative immediately and have them explain what alternatives are available to you. Also, you should take photographs of the area or machinery involved in your accident, and keep the track of all the expenses you incurred as well as the nature and severity your injuries.

What are my rights as a citizen?

Many workers are worried that filing a FELA complaint will affect their relationship with their employers or cause them to suffer negative consequences. FELA prohibits employers from taking retaliation against employees who seek compensation for work-related injuries. If you believe your employer has violated FELA Don't be afraid to contact us for help.

If you've suffered an injury, your first priority should be seeking medical assistance as soon as you can. Once you are stable we suggest that you consult with a knowledgeable FELA attorney. Our attorneys can help you understand the process and your options. They can also help you with submitting your claim.

Once you have filed a claim, the railroad company will have 30 to 60 days to respond. The court will then schedule a discovery plan in which both parties will exchange evidence. This could include the use of paper discovery (documents and medical records) and witness depositions. Both parties may also file motions to contest certain aspects of the evidence.

It is crucial to disclose the full extent of your injury. This includes future medical costs and other damages. This will allow our lawyers to ensure that you receive the maximum amount you are entitled to.

The courts will assign an amount of fault to each party, which could affect the amount you receive. Our lawyers will fight for 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 surrounding your injury. Our FELA lawyers can assist you to negotiate with your employer to reach a fair agreement.

When you hire our company as your legal representatives throughout the duration of your FELA case. We will help you file your claim, address any questions your employer or insurance company may have, and assist in getting the appropriate medical documentation to support your claim.

We can even advance you money, without interest in the event that your case is pending. This is a great option in the event that you are trying to pay your bills while waiting for your settlement. Contact us today for a complimentary consultation about the FELA claims process.

How can I file a claim?

The first step to a successful FELA claim is to hire an experienced attorney. This person can assist you in proving you qualify and overcome hurdles like the burden of proof. They can also assist you in determining whether you are eligible to file your claim within the three-year statute of limitations. A qualified attorney can also ensure that you have all the documents needed to support your claim. This includes medical documents, incident reports, photographs, and other evidence. Documentation is essential for FELA claims as it helps to prove that your injuries are a result of workplace-related accidents. It can help in proving that your employer was negligent.

The next step is seeking immediate medical treatment for your injuries If you are able to. This is essential for your health and for your injury claim. Get copies of your medical records to ensure that you have complete and accurate information for your case.

After receiving medical treatment, you need to notify your employer. You can do this by filing an official accident report, or by notifying your supervisor of the accident. It is crucial to report the incident as soon as you can because the railroad starts gathering statements, photos and other evidence immediately after you've been injured.

Your lawyer should have the information as early on in your claim as is possible because memories fade and evidence disappears as time passes. This is why it's important to find a reputable attorney right away after your injury.

When your lawyer has all the documentation they need, they will make a claim against the railroad. The FELA process is similar to personal injury lawsuits, with both sides conducting thorough investigations and negotiating settlement options. If the parties aren't able to reach an agreement, they'll go to trial, where a judge or jury will decide on the case.


If you've been injured working for the railroad, FELA provides an opportunity to recover damages that are beyond the amount you'd receive from traditional workers compensation. Schwartzapfel Lawyers can help you to learn more about the FELA process and what experienced FELA lawyers can do for your case.

How do I expect my claim to take?

The time frame to file a claim is dependent on a variety of factors, including the severity of an injury and whether it's possible to resume work. However, a knowledgeable FELA lawyer will be able to gather and present the evidence required to secure maximum compensation in federal court. The benefits can be used to pay medical bills, personal injury costs, and lost wages. In fela lawsuit settlements of an accident that results in death, the family members may file an action for wrongful death.

FELA claims are an excellent way to obtain compensation for railroad employees who face unique risks. They also offer a better opportunity than workers' compensation claims to secure additional damages. The process is not easy, and an experienced attorney is needed to ensure that all issues are addressed. A lawsuit must be filed within three years from the date of injury and the time limit for filing a lawsuit is strictly enforced.

A judge may usually call for mandatory settlement conferences and mediation after the filing of a lawsuit in order to settle the case prior to trial. If the case doesn't settle at these stages, it will go to trial, where the judge will determine what damages are due the injured employee.

As mentioned as one of the most important aspects of a successful FELA case is making sure that all medical treatment is obtained. This is crucial, not only for the health of the injured worker but as well for the success of the case. If the injuries sustained 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 serious as claimed. The suit may be dismissed.

It is also essential to seek legal advice as fast as you can following an injury. A FELA lawyer can assist victims navigate the federal court system and file a successful wrongful death or workers compensation claim. Look for attorneys or law firms that have expertise in FELA cases. Ask about their previous successes and ask for referrals from your colleagues, union representatives or others who have had similar experiences an accident on the railroad.

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