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Railroad Injuries Law If you've been injured in an accident on the railroad, you may have a legal claim to compensation. Depending on the circumstances, you may be able to claim damages for medical expenses and lost income/wages as well as pain and suffering emotional trauma, or the loss of a loved one. An experienced lawyer for railroad injuries can help prove that someone else is accountable for the accident and may be able to seek compensation for your losses. FELA Federal Employers' Liability Act also referred to as FELA safeguards railroad workers who suffer injuries on the job. This law was passed in 1908 in order to grant railroad employees the legal right sue their employers if injured while working. FELA also states that railroads must create an environment that is safe for employees. This means that the railroad has the obligation to ensure that its tracks, equipment as well as its office, shop and property are safe for all railroad employees. You must prove that the defendant in your case, such as the railroad – did not provide you with a secure work environment, and that you were hurt. The railroad's failure to use reasonable care is negligence, and you can seek damages in the amount of $30,000 in the event that you win your FELA claim. FELA allows employees to file a claim in the court within a years after the accident. This is important because evidence can be lost , and time can go by. A seasoned FELA lawyer can help you determine if you have a solid FELA case. The lawyer can also help to determine the amount of money you are entitled to receive. FELA claims are typically filed directly with the railroad company, however they can be filed in state or federal court as well. A FELA lawsuit is a complicated procedure, and it's vital that you have the appropriate attorney to ensure that your rights are protected. Work-related Diseases Employees who suffer injuries in the field of railroads may be qualified for compensation under FELA (the Federal Employers Liability Act). FELA covers work-related accidents and also allows employees to claim illnesses and diseases that have developed over time as a result of their employment. Occupational diseases can have myriad causes, but they usually develop because of exposure to dangerous products or in the environment of the workplace. Some are well-known like asbestos-related cancers or carpal tunnel syndrome, whereas others aren't as well-studied. Railroad workers are usually affected by asbestos-related lung diseases or other respiratory issues. These conditions can cause breathing problems and make it difficult for workers to work, leading to lower productivity and higher costs for the company. Another common affliction among railroad workers is hearing loss. This can be caused by regular exposure to industrial noises or as a natural occurrence of aging. Some occupational musculoskeletal disorders include carpal tunnel syndrome epicondylitis, trigger finger and carpal tunnel syndrome. These conditions can be painful and debilitating however, they can usually be treated. The most severe injuries can result in death. These cases must be reviewed and examined by a lawyer that specializes in FELA law. Unlike injuries caused by worksite accidents, such as a broken leg or traumatic brain injury, an employee must prove that his illness was the sole result of his work. They must also demonstrate that the illness was not the result of other factors. An employee has to provide medical evidence, in addition to showing that the injury caused the condition. It is also essential that the relationship between the injury, illness and the injury are clearly documented in medical research. This is to ensure that a claim for workmen's compensation will be successful. Sickness Benefits Railroad workers who suffer injuries while working can avail a variety of benefits. These benefits include medical costs such as sickness benefits, sickness insurance and supplemental sickness benefits. The RRB manages these benefits. There is also the Federal Railroad Medicare program, that provides basic hospital insurance paid for by payroll taxes. It also offers supplemental medical insurance to rail employees who do not have health insurance coverage through their employers for example, through the RRB. Sickness benefits are paid on any day during which you are in a position to work because of an injury or illness sustained on the job. These benefits are only available for a certain time depending on how many creditable months you have, as well as the nature and extent your disability. If you are totally disabled from working in any position or have less than 120 but more than 240 creditable years of service, you may qualify for an annuity on your total disability. This kind of disability has the same medical requirements as Social Security Disability. However it is not necessary to be able to perform any substitute job. Supplemental sickness benefits are paid for the same time as regular sick and unemployment benefits provided that the employee receives no wages, salary, or sick pay from any railroad or nonrailroad employment during the days they are eligible to claim these benefits. The employee is required to fill out an Application for Sickness Benefits and have his or her doctor complete a Statement of Sickness form. If you're injured on the job it is a great idea to make a claim as soon as you can after the incident. The greater your chances of receiving an adequate settlement, the more detail you provide regarding the incident. You should also take photos of any injuries or damage that you've suffered. Medical Care Whatever your position is, whether it's an engineer, conductor, or maintenance worker, you should seek medical attention as soon as you notice an accident. Furthermore, you have the right to choose any doctor you would like to see, not just the one that is chosen by the railroad. You should also keep meticulous notes of any injuries you suffer to document them later. These detailed notes can be used to prove your case when you bring the railroad to court. Federal Employers Liability Act (FELA) which protects railroad workers, allows them sue their employers in case of workplace injuries or illnesses. However, FELA is not always simple to navigate and it is often necessary to have an experienced FELA attorney on your side. Discuss your options for medical treatment with your FELA Designated Counselor as soon as possible after any injury at work. This includes determining the type of medical insurance that you'll be able to get, as well as which facilities and doctors will be most suitable for your treatment and the method by which and when medical bills will be paid. Most railroaders have some form of health insurance. These insurance policies come in various costs and offer a variety of coverage. These plans could be PPO's or HMO's that provide a variety medical facilities and doctors but also have the option of deductibles, percentage payments or private hospital association policies that have less out-of pocket expenses and no lifetime caps. It is vital to keep accurate notes about your treatment as well as any expenses once you have received the medical treatment you require. These records should include a report of your injury, a letter from your medical professional and any other documentation about the treatment you received from your doctor that he considers relevant to your situation. Representation Railroads are a complicated industry that is prone to dangers. These accidents can cause serious injuries for workers and passengers. They can also cause devastating losses to the families of victims, which can include emotional trauma and financial burdens. You have the right to pursue compensation from negligent railroad operators or companies regardless of whether you're an employee, passenger, or worker. An experienced and trained railroad injury lawyer can assist you to understand your options, and pursue justice. If you've suffered injuries in an accident on the railroad, it's essential that you seek legal representation immediately. Although you may be able to file the right to claim workers' comp benefits, they are not unlimited and often do not fully pay for medical expenses as well as lost wages, suffering and pain. Your employer may be able claim additional damages under the FELA law that was passed in 1908 and provides protection to the majority of railroad workers. These claims can be difficult to pursue and require extensive knowledge of the law. Your FELA attorney can explain the particulars of your case, gather essential evidence and pursue negligent employers for compensation in United States District Courts or state courts across the nation. Non-economic damages could also be an alternative for your FELA lawyer. These damages are based on the standard of living and include things like your future earnings potential, the loss of enjoyment from your current lifestyle, as well as mental distress. It is crucial to receive the right amount of compensation when you are a railroad employee or train passenger. An experienced railroad injury lawyer can help you to pursue these and other damages in the civil court.