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Railroad Injuries Compensation The Federal Employers Liability FELA could protect railroad workers A successful FELA claim can cover medical treatment or lost wages as well as suffering and pain Railroad workers injuries are common and they can have longlasting consequences for the body They can also have a significant impact on your finances and life FELA If you are an employee of a railroad company or are the surviving family member of someone who died due to injuries sustained in the workplace you could be eligible for financial compensation under the Federal Employers Liability Act FELA You may be eligible for compensation for the past or future emotional or physical distress or loss of companionship To file a claim under the FELA you must prove that the employer was negligent in causing your injuries This standard is lower than the one you would have to meet to make a personal injury claim It is sometimes referred to as a featherweight burden of evidence Under FELA railroad companies must provide a safe work environment for their employees in each situation and at all times They must also adhere to certain safety standards as laid out by federal and state laws If youve suffered an injury on the job and believe that your injuries were caused by railroads negligence it is important to seek medical attention as fast as you can This is essential since the sooner your injuries are assessed and treated the less serious they will be After you have received the treatment you need you should consult an experienced FELA lawyer to help you navigate the procedure Legal counsel on your side will assist you to get the compensation you deserve and can increase your odds of winning an action against the railroad company Another reason to designate counsel is that there are time limitations for filing claims under FELA The majority of claims can only be filed within three years from the date of injury It is essential to speak with an experienced FELA attorney if you or someone you know is injured at work These lawyers can guide you through the legal procedure explain your rights and rights and determine whether youre entitled to a case Federal law FELA covers all employees of interstate railroads as well as those who work on railroad property It offers a higher level than traditional workers pay for railroad employees and is designed to assist railroad companies to make their workplaces safer Occupational Safety and Health Administration OSHA The Occupational Safety and Health Administration is a federal agency It was established by Congress in 1970 to help reduce accidents and illnesses caused by work Its mission is to protect workers rights to work in a safe environment in the workplace through training outreach and education OSHA is an agency that regulates which means that it relies on the compliance of employers to apply its regulations Employers who fail to comply with OSHA regulations can face penalties or fines OSHA inspects industrial facilities in the United States in addition to enforce OSHA standards Inspections are conducted in response to serious workplace accidents or multiple hospitalizations of workers worker complaints and referrals in addition to other issues that could compromise the safety of employees OSHA can issue warnings or citations depending on the location of an industrial facility to employers that arent following the guidelines and laws that it has enacted OSHA also offers grants for employers to help with costs like safety equipment and training OSHA works with employers unions labor unions and other stakeholders to develop standards and requirements that are applicable to specific workplaces These standards and requirements are result of research conducted in the workplace as well as input from technical experts Employers must comply with these standards and requirements to minimize or eliminate workplace hazards and prevent injuries and illnesses Employers should also educate their employees to spot and report hazardous conditions and also how to be aware of the potential for accidents As OSHA regulates the majority of privatesector companies and their employees and their employees it applies its standards to a broad variety of industries It does not regulate employees who are self employed or who work for family members who do not have other employment Railroad workers are among those most susceptible to illness and injury in the United States with a death rate more than twice the rate of other types of workers Because their jobs require them to work long hours as well as perform strenuous work and require physical exertion this is the reason they are at risk Despite technological advancements that have reduced the amount of deaths at work railroad injuries still pose an extremely risk to workers lives Railway Workers Compensation Act RWP Railroad workers have the right to claim compensation for workrelated injuries or illnesses under the Railway Workers Compensation Act RWPA It is applicable to all railroad employees which includes those who work on their companys premises as well as those employed by interstate companies The law permits injured or fatally injured workers to claim damages for their mental physical and emotional suffering as well as other noneconomic losses This includes wage loss medical expenses lost income rehabilitation and retraining and intangibles like mental anxiety and a diminished quality of life The primary difference between workers compensation and the FELA is that injured workers have to be able to prove that their employer caused the accident Workers compensation benefits arent available automatically to them This is essential because in some cases the injured worker might not have enough evidence to prove that their employer negligence caused the injury and therefore cant receive any benefits under workers compensation Another major difference the two types of cases FELA and workers comp is that FELA cases are typically decided by juries while workers compensation cases are typically resolved through a settlement agreement with the employer This is due to FELA is an act of strict liability which means that the person who was injured must show that their employers negligence was the sole cause of the accident These cases are often complex and difficult so they should be handled by a skilled attorney who is familiar with the specifics of these types of cases If you or someone you love has been injured when working in the railroad industry its crucial to consult with an attorney immediately to understand your rights and to protect them A bill was introduced by Congress to tighten the regulations on freight trains carrying hazardous materials railroad injury lawyer follows the derailment in December 2017 of the Norfolk Southern train It would require railroads create emergency response plans and notify the state emergency commissions that trains are carrying hazardous material It would also increase the maximum amount of penalty that a railroad could be subject to for safety violations from 225000 to 1 percent of its annual operating income Statute of Limitations The Federal Employers Liability Act FELA gives railroad employees with an legal basis to claim compensation for injuries and illnesses caused by the negligence of their employer However FELA is not workers compensation and unlike state laws regarding workers compensation that require an employee to prove that the railroad was acting in a negligent or reckless manner that led to injuries to them The statute of limitations for railroad claims is three years from the date of the accident Failure to file a claim within this time frame will result in the dismissal of your case and you could not be awarded any compensation for your injuries Railroad accidents and illnesses can develop over a long period of time For instance cancers that occur as the result of exposure to toxic chemicals like asbestos creosote diesel fumes and silica will not appear until several years after an employee of a railroad was exposed to these dangers in the workplace This latency period is the reason the statute of limitations doesnt apply to these situations This could happen for instance if an employee is diagnosed with lung cancer in 2015 however he has been recently diagnosed with acute myeloidleukemia Furthermore the limitation period for occupational diseases doesnt begin until a railroad worker is diagnosed with an occupational disease and it is obvious that negligence by the railroad was a factor in the formation of the disease This rule applies to lung cancer lung fibrosis and other asbestos related diseases Railroad workers are important because the Statute of Limitations ensures that they can be compensated for their injuries in the event of a negligence lawsuit is brought It also makes sure that no evidence is lost over time Railroads are legally required to inform injured employees within a specified time period after an injury occurs