How to appeal a denied FELA claim depends on the status of the case and where the appeal must be taken. If the employer refuses to pay in preliminary negotiations, you appeal the denied FELA claim by filing in the appropriate trial court. From a trial court, the appeal should be filed with the higher […]
More than 3,000 railroad employees are hurt each year in the United States. For these employees, injury claims fall under the Federal Employers Liability Act (FELA). FELA is unlike any other injury claim law and applies only to railroad workers. To receive compensation, the injured worker must file their claim correctly. Attorney Daren Sarphie of […]
Most FELA claims reach a settlement. One law journal reported that only 1.1% of FELA claims go to trial, meaning most railroad workers who are injured on the job will receive a settlement. It’s important for injured workers to know what to expect from your FELA settlement. Attorney Daren Sarphie of Sarphie Law explains. What […]
In 2023, 138,792 people were working in the railroad industry. For these workers, safety is the most important part of their job. Passed in 1908, the Federal Employers’ Liability Act (FELA) plays an important role in railroad worker safety, allowing railway workers to claim compensation and benefits when they’re hurt on the job. There are […]
With the railroad industry booming in the United States in the early 1900s, worker safety was a serious problem. In 1900, one in every 28 railroad workers was injured on the job. One in every 399 workers was killed. The problem of railroad worker safety continues today. The Bureau of Transportation Statistics reports that there […]
The Federal Employers Liability Act, 45 U.S.C. § 51 et. seq. (1908) (FELA) allows railroad workers to seek compensation for workplace injuries and illness. With thousands of railway workers hurt each year, some types of injuries are especially common. Attorney Daren Sarphie explains 15 common injuries covered under FELA. 15 Common Injuries Covered by FELA […]
To win a FELA claim for compensation, you must establish that you have been injured or contracted an illness. Medical evidence is almost always central to winning the case. Attorney Daren Sarphie explains the importance of gathering medical evidence for your Federal Employers Liability Act (FELA) claim. Medical Evidence in FELA Claims Medical evidence may […]
Establishing negligence is required for every FELA (Federal Employers’ Liability Act) claim. FELA is unlike workers’ compensation claims because the victim must prove the employer's fault—they must show the employer did something wrong. Attorney Daren Sarphie explains how employer negligence is established in a FELA lawsuit. Negligence Under FELA 45 U.S. Code § 51 says […]
If you have a pre-existing condition, you may qualify to receive Federal Employees’ Compensation Act (FECA) benefits. However, pre-existing conditions may affect your FECA claim. Attorney Daren Sarphie explains pre-existing injury workers’ compensation for FECA claims. Can You Get FECA With a Pre-Existing Injury? You can receive FECA benefits for a pre-existing injury to the […]
