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FELA Claims and How to File Them

FELA claims bypass the limits on damages which are usually applicable to workers' compensation cases. However, the railroad companies will attempt to limit your claim if they question the severity of your injuries and the extent to which they are.

Understanding the complexities of fela claims will ensure that you receive a fair amount of compensation. Legal representation from lawyers who specialize in fela claims can make a huge difference.

What is the FELA?

The FELA is an array of federal laws designed to protect railroad workers. It permits injured employees to sue their employer and recover damages, such as medical expenses, loss of wages as well as pain and suffering and more. Unlike workers' compensation claims, the FELA allows for monetary payouts determined by juries instead of according to pre-determined benefits schedules under state law. This enables workers to receive much higher award amounts, but it also imposes a higher burden of proof to win a case.

Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act, can help a worker's case by making the case that the railroad company violated workplace standards more straightforward. These laws can help strengthen a claim if an accident occurred prior to the three-year limitation period for FELA claims.

It is crucial to choose a lawyer familiar with your specific field of work, as they'll be able to guide you through the process more smoothly and quickly. Find a lawyer who has worked with clients in your field. They may have encountered the same problems as you and will be able to give you useful advice.

It's important to know that the FELA doesn't exclude contractors from filing injury lawsuits. Contractors are frequently employed by larger railroad companies on a short-term basis or for special projects but even if they're considered to be employees of the railroad, they could still be held liable under FELA when they're negligent in their work.

It's important to take your time when you complete any forms you have to complete as part of the FELA process, as they're often designed by the railroad's attorneys or claims department to get information they can use to reduce your claim. Contact your union representative immediately if you are unsure of how to respond to questions on the form. They will be able to tell you the options available to you. It is also essential to take photographs of any locations or machinery involved in your accident, and keep the track of your expenses as well as the severity and nature of your injuries.

What are my rights as an American citizen?

Many workers are concerned that filing a FELA claim could sour their relationship with their employer or result in negative consequences. However, FELA explicitly prohibits employers from punishing employees who seek compensation for work-related injuries. If you think your employer has violated FELA, don't hesitate to contact us for help.

When you first become injured, it is crucial to seek medical attention. Once you are stable, we recommend to contact a seasoned FELA attorney. Our lawyers can explain the procedure and assist you in understanding your options. They can also assist with submitting your claim.

Once you have filed a claim the railroad company will have 30-60 days to respond. The court will then schedule an investigation plan, in which both parties will share evidence. Paper discovery (documents medical records, documents and other documents.) and depositions of witnesses will be taken. Both sides could also file motions to contest certain evidence.

It is crucial to understand the full extent of your injury, which includes future medical requirements and other damages. This will enable our lawyers to pursue the highest amount you're entitled to.

The courts will assign a percentage of fault to each party, which can affect the amount you receive. Our lawyers will defend your rights in court and are not afraid to go to trial if needed.

Depending on the circumstances of your injury, you might be in a position to settle your case without going to trial. Our FELA lawyers can assist you to negotiate with your employer to reach a fair settlement.

When you hire our company as your legal representatives throughout the duration of your FELA case. We will assist you in filing your claim, answer any questions your employer or insurance company might have, and assist with obtaining the proper medical documentation to bolster your claim.


We can even advance you money, interest free in the event that your case is in the process of being resolved. This is a great option when you're struggling to pay your bills while waiting for your settlement. Contact us today to receive an initial consultation for free on the FELA claim process.

How do I submit a claim for compensation?

Finding a reputable attorney is the first step towards an effective FELA case. The attorney can assist you in proving that you are eligible and in overcoming obstacles such as the burden of proof. They can also assist you in determining whether you are eligible to submit your claim within the 3-year statute of limitations. In addition, a qualified lawyer can make sure that you have appropriate documentation to support your claim. This includes medical records, incident reports photographs and other evidence. Documentation is crucial for FELA claims, since it allows you to prove that your injuries were the result of workplace-related accidents. It can also be helpful in proving that your employer was negligent.

The next step is to seek immediate medical treatment for your injuries, if possible. This is not just for your health but also for your injury claim. Also, make sure to get copies of all your medical records to ensure that you have the most complete and accurate information available for your situation.

It is your responsibility to inform your employer of your injury after you have received medical treatment. This can be done by filing an official accident report or by telling your supervisor about the incident. It is important to do this as quickly as possible because the railroad begins collecting statements, photos and other evidence when an injury occurs.

Your lawyer must be aware of the information as quickly as possible in order to begin your claim because memories fade and evidence is lost as time passes. It is essential to retain an experienced lawyer immediately after your injury.

If your lawyer has the required documentation and documentation, they can file an action against the railroad. The FELA procedure is similar to personal injury lawsuits. Both parties conduct extensive investigations and discuss settlement options. If the parties are unable to reach a settlement they will go to trial, where jurors or judges decide the case.

If you have suffered an injury on the job, FELA can provide you with compensation that is over and above what you would receive under traditional workers' compensation. Schwartzapfel Lawyers can help you learn more about the FELA procedure and the expertise of FELA lawyers can do for your case.

How long will my claim be?

The timeframe for a claim depends on a variety of variables such as the severity of the injury, and whether or not it is possible to return to work. A seasoned FELA lawyer will know how to gather evidence and present it to ensure maximum compensation at federal court. Benefits can be used to pay for medical expenses, personal injury costs, and lost wages. In the case of a fatal accident a claim for wrongful death can be filed by family members.

FELA claims are a great way to get compensation for railroad workers who face unique dangers. They also provide an advantage over workers' compensation claims to secure additional damages. The process is complicated, and an experienced attorney will be needed to ensure that all issues are taken care of. fela attorneys must be filed within three years from the date of the injury and the statute of limitations is strictly applied.

A judge is usually the one to order mandatory mediation and settlement conferences after the filing of a lawsuit in order to settle the case before trial. If the case doesn't settle at this point the case will be referred to trial by an individual judge who will decide the amount of damages owed to the injured worker.

As stated, one of the most important aspects of the success of a FELA claim is to ensure that all necessary medical treatment is provided. This is crucial not just for your health but also for the success of your claim. If the injuries suffered by a worker aren't as severe as the ones claimed by the company, they may be able argue that the injury isn’t as serious as they claim. The lawsuit could be denied.

It is also crucial to seek legal advice as soon as you can following an injury. A FELA attorney can help victims navigate the federal court system and file a successful wrongful-death or workers' compensation claim. Find lawyers or law firms that have experience in FELA cases. Ask about their previous success and request referrals from colleagues or union representatives who have had similar experiences with an accident on the railroad.

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