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FELA Claims and How to File Them

FELA claims are not subject to the same limitations on damages as workers' compensation cases. However, large railroad companies might try to reduce your claim by denying the nature and extent of your injuries.

Understanding the complex fela claims can help you receive fair compensation. Getting legal advice from lawyers who specialize in these types of cases can make a huge difference.

What is the FELA?

The FELA is an array of federal laws designed to protect railroad workers. It allows injured workers to sue their employers and seek damages including medical expenses, wages lost as well as pain and suffering, and more. Unlike workers' compensation claims, the FELA allows for monetary compensation that are decided by juries, rather than following pre-determined benefit schedules set by the law of the state. This enables workers to receive significantly more substantial amounts of money, but it also requires a higher burden of proof for an employee to prevail in a 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 case that the railroad company violated workplace standards easier. Other laws may help to strengthen a claim when an accident occurred prior to the three-year period of limitation for FELA claims.

It's important to choose a lawyer who is familiar with your particular kind of work, since they'll be able 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 can offer valuable guidance.

It's important to remember that the FELA doesn't exclude contractors from filing injury lawsuits. Contractors are frequently employed by large rail companies for temporary work or special projects. But even though they aren't considered directly employees of the railroad, FELA can still hold them liable if they are negligent in their duties.

You should also take the time to complete all forms you're required to fill out during the FELA procedure, as they are typically designed by the railroads' lawyers or claims department in order to collect information that they could use to weaken the claim. If you're unsure of how to respond to questions on the form, you should contact your union representative immediately and have them explain what options are available for you. It is also essential to have photographs taken of any locations or machinery involved in your accident, and keep an eye on your expenses and the severity and nature of your injuries.

What are my rights as a citizen?

Many workers fear that filing a FELA complaint will negatively impact their relationship with their employers or cause them to suffer negative consequences. However, FELA explicitly prohibits employers from punishing employees who file a claim for compensation for injuries sustained at work. Contact us if you believe your employer has violated FELA.

As soon as you are injured, it is important to seek medical attention. Once you have stabilized, we recommend you contact an FELA attorney with experience. Our attorneys can explain the procedure and assist you in understanding your options. They can also help you file 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 can exchange evidence. This includes the use of paper discovery (documents and medical records) and witness depositions. Both sides may also file motions to challenge certain aspects of the evidence.

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

fela railroad settlements will assign each party a percentage of blame, which could impact the amount you receive. Our attorneys will fight for your rights in court and aren't unwilling to go to trial if needed.

You may be able to settle your case before going to trial, based on the circumstances that led to your injury. 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 help you file your claim, answer any questions your employer or insurance company might ask, and assist you in getting the right medical documents to support your claim.

While your case is pending, we can provide you with money without interest. This could be a huge help if you're struggling to pay bills while you wait for your settlement. Contact us for a free consultation on the FELA claims process.

How do I file an action for compensation?

Employing a competent attorney is the first step towards success in a FELA case. The attorney can help you prove that you are eligible and in overcoming obstacles like the burden of proof. They can also assist in submitting your claim within the 3-year statute of limitation. An experienced attorney can ensure that you have all the documentation needed for your case. This includes medical records and incident reports as in addition to photographs and other evidence. Proper documentation is important for FELA claims because it helps to demonstrate that your injuries were the result of work-related incidents. It can also be useful in proving that your employer was negligent.

The next step is to seek immediate medical attention for your injuries If you are able to. This is essential for your health and your injury claim. Obtain copies of your medical records to ensure that you have accurate and comprehensive details for your case.

It is your responsibility to inform your employer of your injury after you have received medical treatment. You can do this either by filing an official accident report, or by notifying your supervisor of the incident. It's crucial to get this done as soon as you can because the railroad starts collecting statements, photographs and other evidence right after you've suffered injuries.

Your lawyer will need to be aware of the information as quickly as possible in order to begin your claim, as memories fade and evidence disappears over time. This is why it's critical to hire a knowledgeable attorney right away after your accident.

If your lawyer has the required documents, they will file an action 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 cannot reach a settlement they will proceed to a trial where a jury or judge will decide the case.

If you have suffered an injury on the job, FELA can provide you with damages that are more than what you'd receive under traditional workers' compensation. To learn more about this process and what skilled FELA attorneys can assist you, call Schwartzapfel Lawyers today.

How long will my claim be?

The time frame for filing a claim depends on a myriad of factors, including the severity of a personal injury and if it's feasible to return to work. A seasoned FELA lawyer will know how to gather and present evidence to get the maximum amount of compensation in federal court. The benefits can be used to pay medical bills, personal injury costs and lost wages. In the event of a fatal accident a wrongful death claim can also be filed for family members.

FELA claims are an excellent way to obtain compensation for railroad workers who face particular dangers. They also give you a better opportunity than workers compensation claims to obtain additional damages. However, the process is complex and requires an experienced lawyer to ensure that all issues are raised and 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.

Once the lawsuit is filed the judge will usually ordain mandatory mediation and settlement conferences to attempt to settle the case without trial. If the case doesn't settle at these stages the case will be sent to trial where the judge will determine the amount of damages due to the employee who has been injured.





As we've previously mentioned that obtaining all the required medical treatment for a successful FELA claim is crucial. This is vital not just for your health, but also for the success of your claim. If a worker isn't receiving adequate medical treatment The company might be capable of arguing that the injuries aren't as severe as they claim, and the suit may be dismissed.

It is also important to seek legal advice as fast as you can following an injury. A FELA lawyer can guide a victim through the entire federal court process and assist in filing an effective wrongful death claim or workers' compensation claim. If you are looking for an attorney or law firm choose one that specializes in FELA cases and have a proven track record. Find out about their past successes and seek recommendations from colleagues or union representatives who have had similar experiences as railroad accidents.