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FELA Claims and How to File Them

FELA claims are able to bypass the limitations on damages that typically apply to workers' compensation cases. However, the railroad companies will attempt to minimize your claim if they doubt your injuries and their extent.

Knowing the nuances of fela claims can help you get fair compensation. Legal representation from lawyers 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 protect railroad employees. It permits injured workers to sue their employers to recover damages that include medical expenses, wages lost as well as pain and suffering, and much more. Contrary to claims for workers' compensation and FELA claims, the FELA allows for monetary payouts decided by juries rather than following pre-determined benefit schedules imposed by the law of the state. This allows employees to receive more substantial amounts of money, but it also requires a greater burden of proof for an employee to prevail in a case.

In addition to FELA and FELA, there are other federal laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act that could strengthen a worker's case by making it easier to show the railroad company breached workplace standards. 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's important to choose a lawyer who is familiar with your particular specific field of work, as they will be able to guide you through the process more smoothly and quickly. If possible, find a lawyer who is familiar with other clients in your field because they might have faced similar issues you are facing and offer you valuable advice from their experiences.

It's important to know that the FELA does not bar contractors from filing lawsuits for injury. Contractors are typically employed by larger rail companies on a temporary basis or for special projects, but even if they're considered to be direct employees of the railroad, they may still be held liable under FELA when they're negligent in their job.

It's also important to carefully complete any forms you're required to fill out as part of the FELA process, as they're often created by the railroad's lawyers or claims department to get information they can use to weaken your claim. If you're unsure of what to do to answer questions on the form, contact your union representative immediately and ask them to explain the options are available for you. It's also crucial to have photographs taken of any locations or machinery involved in your injury, as well as keeping track of your expenses and the severity and nature of your injuries.

What are my rights?

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

As soon as you are injured, it is crucial to seek medical treatment. After you've stabilized, we recommend you contact a FELA attorney with experience. Our attorneys can help you understand the process and your options. They can also help you in filing your claim.

Once you have filed an action, the railroad company will have 30 to 60 days to respond. The court will schedule a discovery plan where both parties can exchange evidence. This includes paper discovery (documents and medical records) and witness depositions. Both sides may also file motions to dispute certain evidence.

It is important that you give the full extent of your injury. This includes future medical costs as well as other damages. This will allow our lawyers to pursue the highest amount you are entitled to.

The courts will assign a percentage of fault to each party, which will affect your award. Our lawyers will fight for your rights in court and are not scared to take you to trial if necessary.

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 come to an agreement that is fair.





We will represent you throughout the duration of your FELA claim if you employ us. We will assist you in filing your claim, address any questions your insurance company may ask, and assist you in obtaining the proper medical documentation to support your claim.

We are able to advance you money, with no interest during the time 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 to receive no-cost consultation regarding the FELA claim process.

How can I make a claim?

Hiring a qualified attorney is the first step towards an effective FELA case. This person can assist you in proving that you are eligible and overcoming hurdles like the burden of evidence. They can also help you submit your claim within the 3-year statute of limitations. Additionally, a licensed attorney will ensure that you have the necessary evidence to support your claim. This includes medical records and incident reports, as along with photographs and other evidence. Documentation is crucial for FELA claims as it allows you to prove that your injuries were the result of incidents at work. 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 possible. This is crucial not only for your health, but also for your injury claim. In addition, be sure to obtain copies of all medical records to ensure you have the most complete and accurate information available for your case.

It is your responsibility to inform your employer of your injury after you have received medical treatment. You can either fill out an an official accident form or inform your supervisor of the incident. It's important to do this as soon as you can because the railroad starts collecting statements, photos and other evidence right after you've suffered injuries.

Your lawyer should have the information as early on in your claim as is possible since memories fade and evidence dwindles as time passes. This is why it's so important to find a reputable attorney as soon as you've suffered an accident.

When your lawyer has all the required documentation they will file a lawsuit against the railroad. The FELA process is similar to personal injury lawsuits. Both parties conduct thorough investigations and talk about settlement options. If the parties fail to agree on a settlement, they go to trial, where the judge or jury will decide the case.

If you've suffered an injury while working for a railroad, FELA provides an opportunity to secure damages that go over and above what you could receive through traditional workers' compensation. Schwartzapfel Lawyers can help you understand the FELA procedure and the expertise of FELA lawyers can do for your case.

How do I expect my claim to take?

The duration of a claim is contingent on a variety of factors, including the severity of an injury, and whether or not it is possible to return to work. A skilled FELA lawyer will know how best to gather evidence and present it to get the maximum amount of compensation in federal court. Benefits can be used to cover medical costs as well as personal injury expenses and lost wages. In the event of a fatal accident, a claim for wrongful death may also be filed on behalf of family members.

FELA claims are a reflection of the unique risks of railroad jobs and offer an excellent opportunity to secure damages that go over and beyond what is offered in workers' compensation cases. The process is complicated, and an experienced attorney is needed to ensure that all issues are taken care of. The statute of limitations stipulates that a lawsuit be filed within three years of the date of injury.

After the lawsuit is filed the judge will usually require mediation and settlement conferences in an attempt to settle the matter without going to trial. If the case isn't resolved at this point it will be subject to trial, where the judge will decide what damages are due the injured employee.

As we've already discussed, obtaining all the necessary medical treatment required for a successful FELA claim is essential. This is vital not just for your health, but for the success in your claim. If a worker's injuries aren't as serious as they were claimed by the company, they could be able argue that the injury isn't as serious as they claim. federal employers liability act could be denied.

It is also important to seek legal advice as quickly as you can after an injury. A FELA attorney can help victims navigate the federal court system and file a successful wrongful-death or workers compensation claim. When looking for an lawyer or law firm, choose one that specializes in FELA cases and have a proven track of success. Ask about their previous successes and seek recommendations from colleagues or union representatives who have had similar experiences with railroad accidents.