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13 Things You Should Know About Fela Claims That You Might Not Have Known
FELA Claims and How to File Them

FELA claims do not have the same restrictions on damages as workers' compensation cases. However, railroad companies will try to minimize your claim if they question your injuries and their severity.

Understanding the complex fela claims can assist you in receiving fair compensation. It can make a significant difference to seek legal representation from attorneys that specialize in these cases.

What is the FELA?

The FELA is a federal law designed to protect railroad employees. It allows injured workers to sue their employers to recover damages that include medical expenses, lost wages, pain and suffering and more. In contrast 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 higher payouts, but it also demands that they prove their 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 safety standards simpler. These other statutes can assist in making a claim more convincing in the event that an accident occurred outside of the three-year period of limitations that applies to all FELA cases.

It is essential to select a lawyer that is familiar with the specific field of work, as they'll be able guide you through the process more smoothly and quickly. If possible, find an attorney who has worked with clients from your field of work, as they may have already encountered the same problems you face and offer you valuable advice from their experiences.

Another crucial point to be aware of is that the FELA does not prohibit contractors from making injury claims. Contractors are often employed by large rail companies for temporary work or special projects. But, even though they aren't considered direct employees of the railroad, FELA can still hold them accountable if they're negligent in their job.

You should also take the time to complete all forms that you're required to fill in in the FELA procedure, as they are typically created by railroads attorneys or claims department to gather information they can use to weaken a claim. Contact your union representative immediately if you are unsure of how to respond to questions on the form. They'll be able to explain to you the options available to you. You should also take photos of the location or machinery 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 are concerned that filing a FELA claim will taint their relationship with their employer or lead to negative consequences. However, FELA explicitly prohibits employers from taking retaliatory action against employees who seek compensation for work-related injuries. If you think your employer has violated FELA do not hesitate to reach us for help.

If you've suffered an injury, your first priority is to seek medical assistance as soon as you can. Once you're stable, we recommend to contact a seasoned FELA attorney. Our lawyers can help you understand the procedure and help you understand the options available to you. They can also assist you with submitting your claim.

After you file a claim with the railroad company, they are given 30-60 calendar days to respond. The court will then schedule a discovery plan, where both parties will exchange evidence. Paper discovery (documents medical records, documents and medical records, etc.) and depositions of witnesses will be part of the plan. Both parties may also file motions disputing some of the evidence.

It is important that you give the complete extent of your injuries. fela law firm includes future medical expenses and other damages. Our lawyers can ensure you receive the maximum amount of compensation.

The courts will assign each party a share of blame, which could impact your award. Our attorneys will fight for your rights in court and are not scared to take you to trial if needed.

You may be able settle your case prior to trial based on the circumstances that led to your injury. Our FELA lawyers will assist you to negotiate with your employer and reach an agreement that is fair.

If you choose to work with our firm, we will be your legal representative for the duration of your FELA case. We will assist you in filing your claim, answering any questions that your insurance company or employer may have, and obtaining the necessary medical documentation to back your claim.

While your case is in the process of being resolved, we can provide you with money without interest. This can be a tremendous aid if you're struggling to pay your bills while waiting for your settlement. Contact us today for a complimentary consultation on the FELA claims process.

How can I file a claim?

The first step to a successful FELA claim is to engage an experienced attorney. The attorney can assist you in proving that you are eligible and overcoming obstacles like the burden of proof. They can also assist you in submitting your claim within the three-year time limit. A qualified attorney can also ensure that you have all the documentation needed for your case. This includes medical records and incident reports, as along with photographs and other evidence. Documentation is essential for FELA claims as it helps to establish that your injuries are a result of an incident at work. It is also helpful for demonstrating that your employer was negligent.

If you can, seek immediate medical attention if you have been injured. This is important not only for your health, but also for your injury claim. Be sure to get copies of all medical records to ensure you have the most complete and accurate information you can get to support your claim.

After receiving medical treatment, it is important to notify your employer. You can either fill out an official accident forms or tell your supervisor about the incident. You should do this as quickly as possible because railroads begin collecting statements, photos and other evidence when an injury occurs.


Your lawyer will want to have the details as early in your case as you can because memories fade and evidence disappears as time passes. This is why it's so crucial to get a skilled lawyer as soon as you've had an injury.

When your lawyer has all the required documentation, they will file an action against the railroad. The FELA process is similar to personal injury lawsuits. Both sides conduct thorough investigations and discuss settlement options. If the parties cannot reach a settlement, they will go to trial, where jurors or judges decide the case.

If you've suffered an injury on the job, FELA can provide you with damages that go over and above what you would get under traditional workers' compensation. To know more about the process and what skilled FELA attorneys can do for you, contact Schwartzapfel Lawyers today.

How do I expect to process my claim?

The time frame to file a claim is dependent on a myriad of aspects, such as the severity of an injury and whether it is feasible to return to work. However, a knowledgeable FELA attorney will know how to gather and present the evidence required to secure maximum compensation in federal court. The benefits can be used to pay for medical expenses as well as personal injury expenses and lost wages. In the event of an accident which results in the death of a loved one, the family can bring an action for wrongful death.

FELA claims are an excellent way to obtain compensation for railroad employees who face particular risks. They also provide a better opportunity than workers' compensation claims to secure additional damages. The process is not easy and a skilled lawyer is required to ensure that all issues are raised. The statute of limitations demands that an action be filed within three years of the date of injury.

When a lawsuit is filed, a judge will typically require mediation and settlement conferences in an attempt to settle the matter without trial. If the case doesn't settle at this stage, the case will be taken to trial by the judge who will decide the amount of damages owed to the injured worker.

As stated as one of the most important elements of a successful FELA case is ensuring that all medical treatment is provided. This is important, not only for your health, but also to ensure the success of your claim. If a worker's injuries aren't as severe as claimed by the company, they might be able argue that the injury isn't as severe as they claim. The suit could be denied.

Moreover, it's imperative that one seek legal advice as soon as is possible 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 attorneys or law firms that have expertise in FELA cases. Find out about their past success and request recommendations from colleagues, union representatives or others who have had similar experiences a railroad accident.

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