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Are Railroad Injuries Legal If you or someone close to you was injured in a train accident you must seek legal assistance It is important to do this as soon as possible to ensure your rights are secured Federal Employers Liability Act FELA is a federal law permits railroad workers who are injured to bring lawsuits against their employers They can hire their own lawyers collect evidence and depose witnesses Federal Employers Liability Act FELA In recognition of the inherent dangers inherent to the railroad industry Congress passed the Federal Employers Liability Act FELA in 1908 FELA is different from the laws of state workers compensation in that it permits an injured employee to sue his employer for injuries suffered on the job Under FELA an injured employee can sue a railroad company or its agents or employees for injuries resulting due to negligence An injured employee must prove the railroad was accountable for his or her injury which is not similar to claims for workers compensation Another major difference between a regular worker compensation claim and an FELA claim is that the FELA settlement or judgment will be decided according to pure comparative negligence rules This means that any settlement or judgment you receive will be reduced if found partially responsible for your injury An injured railroad worker should not settle their FELA case without consulting an experienced FELA lawyer An experienced attorney will evaluate your case and ensure that you get all the compensation you are entitled to Furthermore an experienced FELA lawyer can assist you to get the maximum amount of money that is possible under the law An experienced FELA lawyer will be able to defend your rights and ensure you receive the benefits you deserve The FELA has been in place for more than a century and has been a key factor in pushing railroad companies to adopt safer equipment and work practices Despite these advancements machine shops rail yards and train tracks remain some of the most dangerous locations in the United States However the FELA offers legal protection to millions of railroad workers injured in the course of their work each year Diseases of the workplace The occupational disease are a concern for anyone who is in a job that is hazardous They can result in serious injuries and illnesses that require medical attention or a loss of income or other financial damages The majority of occupational illnesses involve exposure to chemicals that pose a risk like lead beryllium and other heavy metals There are other diseases that can be caused by repetitive motions and poor ergonomics Other causes include exposure to extreme temperatures as well as pressures vibrations and noise Other occupational diseases that are common include hearing loss skin conditions and respiratory disease It is imperative to seek medical attention promptly in the event that you suspect youve suffered an injury or illness that is related to work in the railroad If you have a medical issue your doctor will make a medical diagnosis and determine if a lawsuit against your employer is appropriate An experienced railroad accident lawyer can assist you in determining whether the injury to your health is enough to warrant compensation If so you may be eligible for compensation for lost wages medical expenses and disfigurement and pain or inconvenience as well as other damages Another thing to consider is that workers are only given a only a limited time to report workplace injuries or diseases to their employers This timeframe differs by state It is important to remember that your right to claim for injury will be forfeited if not submit your claim within the specified timeframe This means its more difficult to collect evidence and preserve testimony regarding the accident than if you are waiting This is particularly true if you dont have an attorney to assist you with the railroads claims agents These agents are professionals who are paid to minimize the railroads responsibility to you and they often refuse to take into account all of your claims This is why its essential to seek legal representation from a qualified railroad injury lawyer immediately you realize that your work has made you sick or injured A skilled lawyer will ensure that all the damages youve suffered are covered in any FELA lawsuit Cumulative Trauma Injury CTI Railroad workers are at risk of risk of serious injuries that could have longlasting consequences for their careers and lives These injuries can occur because of particular accidents such as breaking a bone and falling or from repeated stress like exposure to loud sounds or even body vibrations The Federal Employers Liability Act FELA is one of the ways railroad employees can seek compensation for injuries It states that railroad employers are required to give their employees an environment that is safe for them to work in and eliminate unsafe conditions Cumulative trauma injury CTI is a very common type of railroadrelated injury that can be the result of years of exposure to negative working conditions These conditions may include vibrations noise and the presence of toxins These adverse working conditions could result in permanent and longlasting injuries that may affect the ability of a railroad worker to perform their job and enjoy their quality of life Some of the most common CTIs include tendinitis carpal tunnel syndrome and shoulder injuries It is important to immediately report any CT injuries This will enable your doctor to determine the disorder and start the treatment process Cumulative Trauma Disorders symptoms may be noticed weeks or years after an accident They may be accompanied by the appearance of edema tenderness and weakness Xrays and MRI or magnetic resonance imaging can be used to determine the cause of the condition A physician can properly diagnose the problem if a detailed medical history and review of symptoms are given along with an exhaustive physical examination of the affected limb Depending on the severity of the problem diagnostic measures may include Xrays to identify bone involvement MRI or magnetic resonance imaging and ultrasound for a visualisation of soft tissues If a doctor correctly diagnoses the worker as having a cumulative trauma disorder the worker is entitled to receive benefits under FELA However these claims are usually difficult to prove and can be more challenging for insurers and employers due to the fact that the connection between the work environment and the injury may not be apparent Comparative Fault If a railroad employee gets injured while working they may be entitled to compensation for their injuries This is done under Federal Employers Liability Act To be entitled to compensation the railroader must prove the employer was negligent and caused their injuries This could be because the railroad failed to provide them with adequate support training or a safe place to work The FELA has the comparative negligence program which will determine who is at fault for their injuries This scheme is used to reduce the amount that railroads must pay in a lawsuit Railroads are often able to limit the amount of compensation they have to pay in a lawsuit by claiming that the worker was in part at the fault Theyll have to pay less in a verdict of a jury However it is important to keep in mind that this is not always the case Sometimes the railroad will be completely responsible for injuries they cause their employees This is due to the fact that the railroad will often be in violation of a range of safety laws that have to be followed by the railroad railroad injury fela lawyer include the Locomotive Inspection Act the Safety Appliance Act and other regulations that pertain to engines cars and railroad safety Another legal issue that can affect the case of a railroad accident is the concept of contributory negligence This is a law that says that an injured person cannot be compensated if they had knowingly admitted to workplace hazards or behaved in a manner that could increase the chance of being injured In Georgia a railroader can get compensation for their injuries when they show that the railroad was in any way negligent This could be because they failed to provide a safe and secure work environment or the right equipment or tools or bad job training or if they did not receive adequate assistance or training