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Railroad Injuries Law You may be qualified for compensation if were injured in a railroad accident. You may be eligible to receive damages for medical expenses, lost income/wages or disability, pain and suffering or loss of a loved one or lost spouse, depending on the circumstances. A knowledgeable railroad injury lawyer can assist in proving that someone else was responsible for your accident . You may be able to claim compensation for your loss. FELA Federal Employers' Liability Act, also known as FELA safeguards railroad workers who suffer injuries while working. This law was created in 1908 in order to allow railroad employees to sue their employers if they suffer injuries on the job. FELA also stipulates that railroads must provide workers with a safe environment. It is a requirement that railroads have the obligation to ensure that its equipment, tracks shops, offices and property are secure for all employees of the railroad. In order to file a claim under FELA it is necessary be able to prove that the defendant in the case – for instance the railroad failed to provide you with a secure work environment and that you suffered injuries because of it. If you win your FELA case, you can recover money damages for the railroad's failure to exercise reasonable care. In the majority of cases FELA allows an employee to file a claim in the court within three years from the date of injury. This is important because evidence can be lost , and time can go by. An experienced FELA lawyer can help determine whether you have a good case. The lawyer will also be able to determine the amount you are entitled to receive. FELA claims are usually filed directly with the railroad company, but they are also able to be brought to federal or state courts as well. A FELA lawsuit is a complicated process. It is vital to have the right attorney by your side to protect your rights. Occupational Diseases When employees are injured in the railroad industry, they may claim compensation from their employer under FELA (the Federal Employers Liability Act). FELA is designed to safeguard employees from worksite injuries but also permits them to claim for ailments or diseases they have contracted over a time period due to their work. The causes of occupational diseases vary. causes, but they usually develop due to exposure to toxic products or in the environment of the workplace. Certain diseases are well-known such as asbestos-related cancers, or carpal tunnel syndrome. However, others are mostly undiscovered. Asbestos-related lung disease as well as other respiratory conditions are a regular occurrence for railroad workers. These illnesses can cause breathing problems and make working difficult and result in a decline in productivity and increased cost for the company. Hearing loss is a common condition among railroad workers. This can be caused by regular exposure to industrial noises or as a natural part aging. Certain occupational musculoskeletal conditions include carpal tunnel syndrome epicondylitis, trigger finger and carpal tunnel syndrome. These conditions can be painful and debilitating, but they can often be managed. The most severe of these injuries can lead to death. These cases should be examined by a lawyer who specializes in FELA law. An employee must prove that the illness isn't the result of worksite accidents like a broken leg or traumatic brain injuries. He or she must also demonstrate that the illness was not a result of any other causes. In addition, to medical documentation the employee must also prove that his or her illness was caused by an injury which occurred at work and the link between the injury and disease is well-known in medical research. This is to ensure that a claim for workers' compensation will be successful. Sickness Benefits Railroad workers who are hurt on the job have numerous benefits. These benefits include medical expenses such as sickness benefits, sickness insurance and supplemental sickness benefits. These benefits are administered by the RRB. Federal Railroad Medicare provides basic hospital insurance that is financed through payroll taxes. It also offers supplemental medical insurance to railroad employees who don't have health insurance provided by their employers like through the RRB. Sickness benefits can be paid for any day you are unable work due to an illness or injury at work. These benefits are only available for a certain period of time, based on how many creditable months you have and the nature and severity of your disability. You could be eligible for a total disability insurance if you are totally disabled from being able to work in any profession or have less than 120 creditable months but more than 240. This type of disability is similar to the medical requirements as Social Security Disability. However, you are not required to be able for any replacement job. Supplemental sickness benefits can be claimed for the same time as normal sickness or unemployment benefits provided that the employee does not receive wages, salary or sick pay from any railroad, non-railroad, or other employment, during the period they are eligible. The employee must fill out an Application for Sickness Benefits and then have their doctor fill out a Statement of Sickness form. If you've been injured on the job it is a good idea to make a claim as soon as you can following the accident. The better your chances of getting an equitable settlement, the more details you can provide about the incident. Alongside obtaining copies of invoices, bills, and receipts, take photographs of any damage or injuries you have sustained. Medical Care Regardless of whether you are employed as conductor, engineer, maintenance worker or another railroad-related job it is essential to seek medical attention immediately following any accident. You are entitled not just to select the doctor on the railroad, but also to go to any doctor you want. It is also crucial to keep accurate records of any injuries you are subjected to in order to keep them in the future. Making these notes in detail is essential to your case since they may be used as evidence when it comes time to take the railroad to court. The Federal Employers Liability Act (FELA) protects the majority of railroad workers and permits them to claim damages against their employers caused by workplace injuries and illnesses. It is sometimes difficult to navigate the FELA and it is crucial to have an knowledgeable FELA attorney on your side. You should discuss your options for medical treatment with your FELA Designated Legal Counsel as early as you can following any work injury. This includes determining what type of medical insurance you will be covered for, which doctors and facilities are most appropriate for your treatment, as well as how and when your medical bills will be paid. The majority of railroaders carry some form of health insurance. These insurance policies are available in different prices and provide a wide range options of coverage. These can be HMO's or PPO's that provide various facilities and doctors, but have deductibles and percentage payments or private hospital association plans that offer lower out of pocket expenses and no lifetime caps. Once you've received the medical care you require, it's important to keep accurate records of your treatment as well as any other expenses. These documents should include a description of your accident, a statement from your medical professionals as well as any documentation regarding the treatment you received that your doctor believes is relevant to your particular situation. Representation Railroads are an incredibly complex industry with many hazards. These accidents can cause serious injuries to workers and passengers alike. They can also result in devastating losses for families of victims, such as emotional trauma and financial burdens. If you're a passenger, conductor or railroad worker it's vital to understand that you are entitled under the federal and state laws to pursue compensation from the negligent railroad operator or company. A skilled, knowledgeable railroad injury lawyer can assist you know your options and seek justice. If you've suffered injuries in a railroad accident it is essential to seek legal assistance immediately. While you may have an opportunity to claim workers' compensation benefits, these are usually limited and rarely pay for medical expenses, lost wages or suffering and pain. You could be able recover additional damages from your employer under FELA the law that was passed in 1908 that safeguards the majority of railroad employees. However these claims require a great deal of legal knowledge and experience to pursue successfully. Your FELA lawyer will be able to explain your case and gather the evidence you require. They can also pursue negligent employers for compensation in the United States District Courts or other state courts. Another type of compensation your FELA lawyer might be able to pursue is non-economic damages. These damages are based on your standard of living and include things like your future earnings potential, the loss of enjoyment of your current lifestyle, and mental distress. If you're a railroad passenger or railroad employee, getting the amount you're due is crucial to your recovery. These and other damages can be pursued in civil litigation by a skilled railroad injury lawyer.