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Railroad Injuries Law You may be eligible for compensation if have been injured in a railroad accident You may be entitled to receive damages for medical bills lost incomewages or injury disability pain and suffering loss of a loved or lost spouse based on the circumstances An experienced lawyer for railroad injuries can help prove that someone else is responsible for your accident and could be able seek compensation for your expenses FELA Federal Employers Liability Act commonly referred to as FELA which protects railroad employees who suffer injuries on the job The law was passed in 1908 to provide railroad employees the legal right to sue their employers if they were injured while working FELA also states that railroads must create a safe environment for employees This means that railroads have the obligation to ensure that employees are secure on their equipment tracks shops offices and other property 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 injured The railroads inability to exercise reasonable care is negligence and you can recover money damages in the event that you win your FELA claim In the majority of cases FELA allows an employee to file a claim in court within three years of the injury This is important as time passes and evidence could disappear An experienced FELA lawyer can assist you to determine whether you have a valid case The lawyer can also assist you to determine the amount of money that is yours FELA claims are typically filed directly with the railroad company however they are also able to be brought to federal or state court as well A FELA lawsuit is a complicated procedure and its important to have the right attorney on your side to ensure your rights are protected Health problems related to work Employees who are injured in the railroad industry may be qualified for compensation under FELA the Federal Employers Liability Act FELA is designed to safeguard employees from injuries at work but it also allows employees to file claims for illnesses or diseases that they contracted during some time because of their work There are many causes of occupational diseases However most often they are caused by exposure to hazardous products or the environment at work Certain of these illnesses are wellknown such as asbestosrelated cancers or carpal tunnel syndrome However other diseases are mostly undiscovered Railroad workers are usually affected by asbestosrelated lung disease or other respiratory ailments These conditions can cause breathing problems and make it difficult to work which can lead to lower productivity and increase costs for the company Another common problem among railroad workers is hearing loss This is often caused by exposure to industrial noise or as a natural consequence of aging Some occupational musculoskeletal disorders include carpal tunnel syndrome epicondylitis trigger finger and carpal tunnel syndrome They can be difficult and painful but can be treated in many cases The most severe injuries can lead to death These cases must be examined and reviewed by a lawyer who is specialized on FELA law Unlike injuries caused by worksite accidents such as an injured leg or a brain injury an employee must demonstrate that his condition was a sole result of his work The employee must also prove that the condition is not due to other causes A worker must provide medical documentation in addition to proving that the injury caused the condition It is also important that the connection between the injury the disease and the injury be thoroughly documented in medical research This is necessary to ensure that a claim on workmens compensation will be granted Sickness Benefits Railroad workers who are hurt while working can avail various benefits These include medical expenses sick benefits supplemental sickness benefits and disability annuities These benefits are administered by the RRB Federal Railroad Medicare provides basic hospital insurance that is financed by payroll taxes It also provides additional medical insurance for rail employees who do not have health insurance provided by their employers such as through the RRB Sickness benefits can be paid on any day youre not able to work due to an injury or illness at work These benefits are available for a short period of time based on how many creditable months you have as well as the nature and severity of your disability You may be eligible for a total disability insurance plan if you are totally disabled from performing any job or have less than 120 creditable years but more than 240 This type of disability has similar medical requirements to Social Security Disability However you are not required to be able perform any substitute job Supplemental sickness benefits may be claimed at the same amount as normal unemployment or sickness benefits provided that the employee does not receive wages or salary from any railroad nonrailroad or other employment in the time that they are eligible The employee is required to fill out an Application for Sickness Benefits and then have their doctor complete the Statement of Sickness form If youve been injured on the job it is a good idea to start a claim as quickly as you can after the incident The more details you have regarding the incident the better your chances are of receiving an equitable settlement Also you should take pictures of any injuries or damages that youve suffered Medical Care If youre an engineer conductor or maintenance worker you should seek medical attention right away following an accident You have the option not just to select the doctor of your railroad and go to any doctor you want Keep detailed records of any injuries you suffer to keep them in the future Keeping these detailed notes is crucial to your case because they could be used as evidence if it comes time to take the railroad to court The Federal Employers Liability Act FELA protects most railroad workers and allows them to sue their employers for the damages caused from workplace accidents and diseases It can be difficult to navigate the FELA and it is essential to have an knowledgeable FELA attorney by your side You should discuss your options for medical treatment with your FELA Designated Legal Counsel as early as you can after any workplace injury This should include determining what type of medical insurance you will be covered for which doctors and facilities are the best for your treatment and the manner and when medical bills will be paid Many railroad employees have some type of health insurance They vary in price and offer a wide range of options of coverage These could be HMOs or PPOs with various doctors and facilities but have deductibles and percentage payouts or private hospital association plans that offer less out of pocket expenses and no lifetime caps It is vital to keep accurate records of the treatment you received and any expenses after you have received the medical care you require These records should contain a full account of your accident a statement by your medical professionals along with any documentation regarding your treatment that your physician believes is essential Representation The railway industry is a complex industry with numerous risks These accidents can cause serious injuries to passengers and workers These accidents can also cause devastating financial and emotional trauma for the families of the victims You have the right to claim compensation from negligent railroad operators or companies regardless of whether youre a conductor passenger or a worker A knowledgeable skilled railroad injury lawyer can assist you identify your options and pursue justice It is vital to seek legal representation immediately if youve been injured in a train accident Although you may be able to file an opportunity to claim workers compensation benefits they are not unlimited and often do not fully pay for medical expenses and lost wages as well as pain and suffering Your employer might be able to get additional damages from the FELA law that was passed in 1908 and provides protection to the majority of railroad workers However these claims require a significant amount of legal knowledge and expertise to pursue successfully Your FELA attorney will be competent to explain your situation and gather the required evidence They can also sue negligent employers for compensation in the United States District Courts or other state courts Another type of compensation that your FELA lawyer may be in a position to pursue is noneconomic damages These damages are based on the level of living and may include things like your future earnings capacity the loss of enjoyment of your current lifestyle and mental distress If you are a train passenger or railroad employee obtaining the amount youre due is essential to your recovery An experienced railroad injury lawyer can help you to pursue these and other damages in civil lawsuits