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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 claims. However, railroad companies will try to limit your claim if they question the severity of your injuries and the extent to which they are.

Knowing the nuances of fela claims can help you secure fair compensation. It can make a big difference to get legal representation from lawyers who specialize in these cases.

What is the FELA?

The FELA is an act of the federal government to protect railroad employees. It permits injured workers to sue their employer and recover damages, including medical expenses, loss of wages along with pain and suffering and more. Contrary to claims for workers' compensation, FELA allows monetary payouts to be decided by juries, rather than according to a predetermined benefit schedule in state law. This allows employees to receive much more substantial amounts of money, but it also requires a higher burden of evidence for an employee to win a case.

Other federal laws, such as the Locomotive Inspection Act or Railroad Safety Appliance Act, can aid a worker's claim by making the case that the railroad company violated workplace standards easier. These other laws can help make a claim stronger in the event that the accident occurred outside of the three-year statute of limitations, which is applicable to all FELA cases.

It is important to select a lawyer who has expertise in the field you work in. They can guide you through the entire process more efficiently and quickly. Choose a lawyer who has worked with clients in your area. They may have encountered the same problems as you and can give you valuable guidance.

It's important to remember that the FELA does not bar contractors from filing lawsuits for injury. Contractors are often used 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 may still be held liable under FELA when they're negligent in their job.

You should also take the time to fill out all forms you're required to fill in during the FELA procedure, as they are often designed by the railroads attorneys or claims department to collect information that they can use to weaken the claim. Contact your union representative immediately if you are unsure how to answer questions on the form. They'll be able to explain to you the options available to you. Also, you should take photographs of the place or equipment that was involved in the accident and keep track of all your expenses 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 adversely affect their relationship with their employers or result in negative consequences. However, FELA explicitly prohibits employers from taking retaliatory action against employees who file a claim for compensation for work-related injuries. If you believe your employer has violated FELA do not hesitate to reach us for assistance.

As soon as you are injured, it's important to seek medical attention. When you are stabilized, we recommend to contact a seasoned FELA attorney. Our attorneys can help you understand the process and your options. They can also help you in submitting your claim.

After you've filed a claim, the railroad company will have 30 to 60 days to respond. The court will then schedule an investigation plan in which both parties will be able to exchange evidence. Paper discovery (documents, medical records, etc.) and depositions of witnesses will be taken. Both parties may also file motions to contest some of the evidence.

It is crucial to understand the full extent of your injury, including future medical requirements and other damages. This will enable our lawyers to fight for the maximum amount you are entitled to.

The courts will assign each party a percentage of the blame, which may affect your award. Our attorneys will help you fight to protect your rights in court and we are not afraid to take a case to trial if necessary.





Depending on the circumstances of your injury, you may be capable of settling your case without going to trial. Our FELA attorneys can help you negotiate with your employer to reach a fair agreement.

We will assist you throughout the duration of your FELA claim if you employ us. We will assist you with filing your claim, addressing any questions that your insurer or employer might have, and obtaining the necessary medical documentation to prove your claim.

We can even advance you money, interest free during the time your case is still pending. This is a great option in the event that you are struggling to pay your bills while waiting for your settlement. Contact us for a no-cost consultation about the FELA claims process.

How do I submit an action for compensation?

Employing a competent attorney is the first step in a successful FELA case. This person can assist you in proving that you qualify and overcome hurdles like the burden of proof. They can also assist in submitting your claim within the three-year statute of limitation. An experienced attorney can ensure that you have all the documents needed for your case. This includes medical records, incident reports photographs and other evidence. Documentation is crucial for FELA claims, as it helps you prove your injuries were the result of work-related incidents. It is also helpful for demonstrating that your employer was negligent.

If possible, seek urgent medical attention if you have been injured. This is crucial for your health and for your injury claim. Also, make certain to obtain copies of all your medical records to ensure you have the most complete and accurate information you can get to support your claim.

After receiving medical treatment, you need to notify your employer. You can do this by filing an official accident report or telling your supervisor about the incident. It is crucial to report the incident as early as you can since the railroad begins collecting statements, photos and other evidence immediately after you've been injured.

Your lawyer must know the information as soon as possible to begin your claim since memories fade and evidence is lost as time passes. This is why it's critical to hire a knowledgeable attorney as soon as you've suffered an injury.

If your lawyer has the necessary documentation, they will start an action against the railroad. The FELA procedure is largely similar to personal injury lawsuits, with both sides conducting thorough investigations and discussing settlement options. If the parties cannot agree on an agreement, they'll go to trial, where the jury or judge will rule on the case.

If you've been injured working for the railroad, FELA provides an opportunity to claim damages that go beyond what you could receive through traditional workers' compensation. To learn more about this process and what experienced FELA attorneys can do for you, contact Schwartzapfel Lawyers today.

How long will my claim take?

The time frame to file a claim depends on a variety of aspects, such as the severity of an injury and if it's feasible to return to work. However, a skilled FELA attorney will be able to gather and present the evidence required 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 an accident that causes death, the family members may bring an action for wrongful death.

FELA claims are a great method of obtaining compensation for railroad employees who face unique risks. They also provide a better opportunity than workers' compensation claims to secure additional damages. The process is complex and an experienced attorney is needed to ensure that all issues are raised. The statute of limitations requires that a lawsuit be filed within three years of the date of injury.

A judge will usually order mandatory mediation and settlement conferences after the filing of a lawsuit in an effort to settle the case before trial. If the case doesn't settle at this stage, the case will be heard by a judge who will determine the damages due to the injured worker.

As we have already mentioned that obtaining all the required medical treatment required for a successful FELA claim is crucial. This is vital, not only for your health, but also for the success in your claim. If a worker isn't receiving adequate medical treatment and treatment, the business may be able to argue that the injuries aren't as severe as claimed, and the suit may be dismissed.

It is also important to seek legal advice as soon as you can following an injury. A FELA lawyer can help a victim navigate the entire federal court process and assist them in filing an effective wrongful death claim or workers compensation claim. Find fela railroad settlements or law firms with experience with FELA cases. Find out about their previous success and request suggestions from other railroad accident victims, union representatives or colleagues.