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Railroad Injuries Law If you've been injured in an accident on the railroad there is a chance that you could have an legal claim for compensation. Depending on the circumstances, you may be eligible to receive compensation for medical bills or lost income/wages, disability as well as pain and suffering emotional trauma, or loss of a loved one. A skilled railroad injuries lawyer can assist you in proving another party is responsible for your accident and will seek compensation for your losses. FELA Federal Employers' Liability Act also referred to as FELA, protects railroad workers who suffer injuries on the job. The law was first enacted in 1908 to enable railroad workers to sue their employers in the event that they suffer injuries while working. FELA also states that railroads must create employees with a safe working environment. This means that railroads are required to take the obligation to ensure that all employees are safe on their tracks, equipment and offices, as well as shops and other property. To assert a claim for compensation under FELA it is necessary to prove that the party in the case – for example the railroad company – did not provide you with a reasonably safe work environment and that you were injured as a result. If you prevail in your FELA case, you could claim damages in the amount of the railroad's negligence in exercising reasonable care. FELA allows employees to file their claim in court within three years after the accident. This is crucial as evidence can be lost , and time can go by. A seasoned FELA attorney can help determine whether or not you have a strong FELA case. The lawyer can also assist you to determine the amount of money that is yours. FELA claims can be filed directly with the railroad company directly. However, they are also able to be brought to court in either state or federal. A FELA lawsuit can be a complex process. It is vital to have the right attorney with you to protect your rights. Work-related Diseases If employees are injured in the field of railroads they may claim compensation from their employer under FELA (the Federal Employers Liability Act). FELA is designed to shield employees from workplace injuries however, it also permits employees to claim compensation for illnesses or diseases that they have contracted over an extended period of time due to their employment. Work-related diseases can have many reasons, but are usually triggered due to exposure to toxic products or in the environment of the workplace. Certain of these illnesses are well-known such as asbestos-related cancers and carpal tunnel syndrome. But, others are mostly undiscovered. Asbestos-related lung disease and other respiratory conditions are common among railroad employees. These diseases can cause breathing problems and make work difficult which can lead to a decrease in productivity and a higher cost for the company. Hearing loss is a common problem among railroad workers. This could be the result of regular exposure to industrial noise, or as a natural part of the process of aging. Trigger finger carpal tunnel syndrome, trigger finger, and epicondylitis are just a few examples of musculoskeletal injuries that are caused by work. These conditions can be debilitating and painful however they can be treated. The most severe injuries could result in death. These cases should be reviewed and examined by a lawyer that specializes in FELA law. An employee must demonstrate that his illness is not the result of accidents at work, such as broken legs or traumatizing brain injuries. The employee must also prove that the condition isn't due to other causes. In addition to medical evidence, an employee must show that his or her condition was caused by an injury which occurred at work and that the relationship between the injury and disease is well-known in medical research. This is required to ensure that a claim on workmen's comp will be granted. Sickness Benefits There are a myriad of benefits available to railroad workers who are injured at work. These benefits include medical expenses, sickness benefits and supplemental sickness benefits. The RRB is the one who administers these benefits. There is also the Federal Railroad Medicare program, which provides basic insurance for hospitals financed by payroll taxes. It also provides supplemental medical insurance to railway workers who do not have health insurance through their employer such as through the RRB. Sickness benefits are paid on any day that you are in a position to work because of an injury or illness sustained on the job. The time period for which you are entitled to these benefits will depend on the amount of creditable days you have earned and the nature and extent of your disability. If you are completely disabled from performing any work or have less than 120 but more than 240 creditable months of service, you could be eligible for a total disability annuity. The medical requirements for this kind of disability are similar to the requirements for Social Security Disability, but there is no requirement that you be capable of doing any job that is substituted. Supplemental sickness benefits are able to be claimed for the same period as normal sickness or unemployment benefits provided that the employee does not receive wages or sick pay from any railroad, non-railroad or other employment, in the time that they are eligible. The employee is required to complete an Application for Sickness Benefits, and have his or her doctor complete a Statement of Sickness form. If you've been injured on the job and suffer injuries on the job, it's a good idea to file a claim as soon as you can following the accident. The more information you have regarding the incident, greater your chances of getting an adequate settlement. It is also important to take photographs of any injuries or damage you've sustained. Medical Care It doesn't matter if you're employed as an engineer, conductoror maintenance worker or other railway job you must get medical attention right away after an accident. Furthermore, you have the right to get any doctor that you wish to see and not just the one recommended by the railroad. It is also important to keep accurate notes of any injuries you receive in order to keep them in the future. These notes are used to prove your case when you take the railroad to court. The Federal Employers Liability Act (FELA) protects the majority of railroad workers and enables them to sue their employers for any damages caused from workplace accidents and diseases. However, FELA is not always simple to navigate and it is sometimes essential to have an experienced FELA attorney on your side. It is recommended to discuss your options for medical care with your FELA Designated Legal Counsel as soon as you can following any work-related injury. This includes determining what kind of medical insurance will be covered for which facilities and doctors will be most suitable for your treatment, and how and when your medical expenses will be paid. A lot of railroad workers have some type of health insurance. They can be expensive and offer a wide range of options of coverage. They can be HMO's, PPO's, which provide a range of providers and doctors, but with deductibles, percentage pay or private hospital association policies which have lower out-of-pocket expenses and no lifetime caps. Once you have received the medical attention you require, it's crucial to keep accurate records of your treatment and any other expenses. These records should include a complete report of your accident, a written statement from your medical professionals and any other documentation about the treatment you received that your doctor believes is essential. Representation Railroads are a complicated industry that is prone to dangers. These accidents can cause serious injuries to workers and passengers alike. They can also result in devastating losses for the families of victims, which can include financial hardships and emotional trauma. You have the right to seek compensation from negligent railroad operators or companies, regardless of whether you're an employee, passenger, or a worker. A knowledgeable, skilled railroad injury lawyer can assist you to know your options and pursue justice. If you are injured in a railroad accident it is imperative to get legal representation as soon as possible. Workers' compensation benefits may be available to you, however they are often not enough to cover medical expenses and lost wages, as well as suffering and pain. Your employer might be able to claim additional damages under the FELA law which was enacted in 1908, and is designed to protect the majority of railroad workers. However these claims require a lot of legal knowledge and experience to successfully pursue. Your FELA lawyer will be in a position to explain your case and gather the necessary evidence. They may also pursue negligent employers for compensation in the United States District Courts or other state courts. railroad injury lawsuit -economic damages can also be an option for your FELA lawyer. These damages are based on your living standards and can include your future earnings potential, loss of enjoyment of your current life, mental distress and loss of enjoyment. It is crucial to receive the compensation you deserve when you are railway employee or train passenger. An experienced railroad injury lawyer can help you to pursue these and other damages in the civil court.