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How the Federal Employers Liability Act FELA Protects Railroad Employees The FELA process may seem daunting but knowing how it works can help injured railroad workers Railroad workers injured in an accident should seek out an experienced lawyer to represent them in the FELA process As opposed to workers compensation FELA claims cover injuries caused by toxic substances like diesel exhaust fumes asbestos creosote and silica sand They also cover welding fumes as well as chemical solvents These workers should find an FELA attorney who is experienced to help them get the most compensation FELA is a faultbased law The Federal Employers Liability Act is a law that protects railroad employees who suffer injuries at work It is a law that is founded on fault and is applicable to all injuries that occur in any railroad that participates interstate commerce In the case of a FELA claim the burden of proof is lower than that of a negligence claim The plaintiff only needs to prove that the employer was negligent in the performance of their duties and that the negligence caused the injury This is called the featherweight standard of evidence If a railroad worker is injured at work they must prove that the negligence of their employer caused their injury This is different from the burden of proof required for a workers compensation claim that is not based on fault fela railroad settlements is why it is important for railroad employees to seek legal advice from an experienced attorney prior to filing a FELA claim A successful FELA claim could result in compensation for medical bills as well as lost wages future loss of earnings and emotional stress The award includes the cost of suffering pain and permanent impairment The amount of these awards is according to a persons current and past impairment the nature of injury and its impact on their daily lives Railroad workers who have been injured have the right to receive the full amount of damages their employer could reasonably be expected to pay for an injury Contrary to workers compensation FELA covers the cumulative trauma injury as well as specific incident injuries Cumulative trauma injuries comprise repetitive stress injury as well as vibrationrelated injuries These injuries can be devastating to railroad workers and often take time before they fully manifest It is important to hire an attorney as soon as you can following a workrelated accident The railroad begins its machinery as soon as it gets notification of your injury and then begins to collect statements photos documents records and other evidence they can use to defend your claim A FELA lawyer with experience will defend you from these tactics and locate the evidence necessary to support your claim The most important part in the FELA case is proving the railroad was negligent It can be difficult but its not impossible A skilled lawyer will identify the main issues and any applicable laws that may have been broken This could include laws such as the Locomotive Inspection Act and the Railroad Safety Appliance Act It covers a wide range of injuries FELA is a law that covers a variety of injuries from severe physical impairments to mental anxiety and loss of wages It also allows railroad employees who are injured to recover damages not covered by workers compensation such as pain and discomfort If youve been injured while working get in touch with an experienced FELA lawyer Although FELA provides specific protections for railroad workers the law requires an injured railroad employee to prove that the injury was caused entirely or in part due to the negligence of their employer employees officers or agents In addition the railroad must have violated a safety standard set by law or failed to provide adequate equipment tools or appliances These can be a result of failing to provide a safe work area and failure to maintain railroad equipment or negligent supervision Because the FELA case is centered on lawsuits against railroads instead of filing workers compensation claims the legal process largely is similar to that of personal injury cases This includes discussions on a possible settlement with the railroad as well as extensive investigations by attorneys While the process of filing a FELA claim may seem intimidating but with the right representation and knowledge an injured railroad worker will be able to get the best outcome It is vital to engage an experienced FELA lawyer immediately following an injury The railroad will immediately begin gathering statements photos documents and other evidence against railroad employees who have been injured A qualified attorney can prevent being a victim of these tactics by initiating the investigation in advance and gathering the necessary evidence to build a solid FELA case The most common error made by railroad workers who have been injured is not filling out accident reports in a timely manner and correctly These forms are created by the railroads claims department as well as lawyers to obtain information they could alter or use to defuse or minimize a FELA claim An experienced attorney will make sure that all the necessary information is included in an accident report and that its filed in a timely manner The worker on the railroad could be entitled to compensation if she has suffered an injury This includes future and past medical expenses emotional distress pain and suffering loss of enjoyment of living and a permanent and total disability The amount of these damages will differ based on the degree of the injury It has an expiration date of three years If youve been injured while working as a railroad employee FELA may provide you with financial compensation It covers a wide range of ailments and injuries including traumatic injuries such as fractured bones joint sprains and repetitive strain injuries such as carpal tunnel syndrome and tendonitis FELA also awards noneconomic damages such as pain and discomfort Unlike traditional laws governing workers compensation that often limit these types of damages FELA allows claimants to get full and fair compensation for their losses It also considers future losses when determining damages This ensures that you are compensated for ongoing medical expenses and loss of earning potential and any other financial difficulties But just like any other lawsuit one it is important to note that a FELA lawsuit comes with a statute of limitations which is the length of time the plaintiff must file their case within The time limit is typically three to five years However the exact date will depend on whether your injury is a cumulative injury or an occupational disease Consult an experienced FELA lawyer if you are not sure the date your statute of limitations begins The FELA statute of limitations is a federal law that sets the time limit that railroad employees injured on the job may bring a lawsuit This is important for obtaining the most compensation In addition a infraction to the time limit could end your claim completely Under FELA the three year statute of limitations for a FELA injury or illness claim starts at the point when a railroad employee was aware or ought to have known that their onthejob injuries or illnesses were caused by their work It can be difficult to determine in instances of occupational trauma or cumulative disease which involve longterm toxic exposures such as the exhaust fumes of diesel engines and chemical exposures In addition to the limitation period a FELA lawsuit must be filed in the state where the incident occurred This differs from workers compensation which can be filed in any state To increase your chances of winning a claim you should employ an experienced FELA attorney Choose a firm that has an established track record of obtaining significant settlements and verdicts Find out about their knowledge of railroad law and their experience in FELA cases This includes wrongful death In contrast to workers compensation FELA allows railroad employees to bring a lawsuit for the entire range of their injuries This includes future and past medical expenses lost wages and benefits suffering and pain as well as loss of enjoyment life aggravation of existing conditions and more A jury also decides FELA cases meaning you have a better chance of winning a bigger amount It is crucial to hire a FELA attorney with experience in your corner A lawyer can assist you to understand the full extent of your injury and make sure youre paid for the total losses that come with it A lawyer can help avoid the pitfalls that can arise from dealing directly with a claim agent of a railroad The railroad for example will have its own expert medical who could question the legitimacy of your injuries Your lawyer could challenge the testimony of this doctor and also bring in your own medical experts to help strengthen your case Another thing to note is that FELA has no limit on the amount of wages that can be recovered Workers compensation also has a cap on loss of wages If you are unable to return to work and you are unable to return to work an FELA lawyer can estimate the anticipated loss of income to determine how much lost wages youll be entitled to A FELA attorney who is knowledgeable in this area can assist you This calculation is based upon your lifetime earnings as well as your current and future earning potential The calculation is multiplied by a percentage of fault which is determined based on the verdict of a jury It is crucial that railroad workers consult an experienced attorney immediately after an injury on the job An experienced FELA lawyer will be capable of providing a free consultation and help you find the best method to receive compensation for your injuries They can also help navigate the complicated process of filing awrongful death lawsuit The Carey Firm has a deep understanding of the risks that railroaders face in their jobs and can help you maximize your damages through a settlement negotiation or by bringing the case to trial if necessary They are committed to protecting the rights and interests of railroad workers who have been injured as well as their families