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Railroad Injuries Compensation You could be eligible for compensation under the Federal Employers Liability Act FELA If youre injured in a train accident This law permits injured workers to receive financial compensation for medical expenses as well as lost wages pain and suffering To be successful in a FELA case it is necessary to prove that the employer was negligent in any way This could be a failure follow safety rules or unreasonable demands placed on the worker The FELA Statute Limitations If youre an employee of a railroad who has been injured on the job or at work you may be entitled to the right to pursue a claim or lawsuit against your employer for damages under the Federal Employers Liability Act FELA The FELA was enacted by Congress in 1908 as a reaction to appalling accident rates in the railroad industry and to promote uniform rules and equipment standards To be able to recover compensation under FELA you must prove that your employer acted negligently This could be the case that they failed to adhere to reasonable safety standards or that they violated a federal or state law regarding inspection of locomotives or maintenance Under FELA an employee has three years from the time that they suffered an injury or diagnosed with an occupational disease to start a lawsuit In the case of injuries resulting from toxic exposure this time period may be extended It is important to realize that railroads can try to avoid their responsibilities to injured employees by refusing or minimizing details that could be useful in the event of a FELA lawsuit It is particularly important for an injured employee to complete the appropriate accident report form that is provided by the railroad and to provide specific and precise information regarding the incident that caused the injury FELA claims can be rejected or reduced if an employee who has been injured doesnt complete the forms correctly or does not understand the questions asked A knowledgeable FELA attorney can help you navigate these issues and make a the difference in whether your claim succeeds or fails to receive compensation Another factor that can affect your claim is the speed at which you reach out to an attorney You could lose your right to make a claim if do not speak to an attorney as soon as possible An experienced FELA lawyer can help determine if your claim is subject to a threeyear statute of limitations You can also seek assistance from an experienced attorney for FELA on the most effective steps to take following an accident to maximize your claim Medical Treatment If you suffer an injury while working for the railroad the employer is not only obliged to provide medical treatment under the FELA and cover all the related costs Railroad employees may still suffer problems resulting from injuries sustained at work The primary concern many railroad workers have is whether or whether the railroad will dictate their medical care They fear that the railroad will choose their doctor and authorize their treatment under FELA However this isnt always the case Although you should contact your insurance company for details about your insurance coverage the person in charge of the case or the agent should not direct you to any medical or other medical facility Be your selfappointed advocate and seek the best care for your injuries If youve been injured it is essential to keep a record of all medical expenses and treatments received This will help you when looking at your claim later Talking to your doctor about the best method to treat your injuries is vital Your doctor may advise you to seek out immediate medical attention from a clinic or hospital After you have been admitted to the hospital the doctor will perform an MRI or other tests These tests will help determine the severity of your injury as well as the length of your recovery Your doctor may suggest surgery to repair any fractures or injuries discovered on your MRI This can be a very difficult procedure but it is essential for your mental and physical health Your personal doctor may also suggest counseling or therapy to help you cope with the consequences of your accident This is crucial for your recovery but its not advisable to begin these procedures without consulting your attorney first It is crucial to keep an eye on any medical expenses after you have been hurt This includes copays or deductibles This will help when evaluating your case in the future If your medical bills exceed the amount of your FELA coverage you should not make a decision until you have spoken with an attorney Lost Wages Federal Employers Liability Act FELA which offers special protections for railroad workers allow them to sue their employers for damages This includes compensation for lost wages as well as medical expenses as in addition to pain and suffering The FELA was created in 1908 to safeguard families of workers from dangerous working conditions In a case involving railroad accidents the most frequent type is lost wages This is the term used to describe the amount of money an injured worker could have earned if they were still working This could include wages commissions bonuses tips and any other wages that an employee may have received An attorney will first work with the employer in order to reach an equitable settlement for the railroad worker who is injured Arbitration or mediation are two options that can be employed to reach an agreement between parties You may also make a claim in court However railroad accident lawyer near me number takes longer than for state workers compensation claims When a case goes to trial the jury will decide the final amount of compensation which will be awarded Generally speaking the injured worker is entitled to 100 of their lost wages This can differ based on the particular situation An injured worker may also seek compensation for intangibles such as emotional distress and diminished quality of life and other intangibles An injured railroad worker who is permanently disabled due to an accident at work could claim compensation for lost wages both past and future as well as the cash value of their earnings They can also seek reimbursement for any medical expenses which are related to their claim Railroad employees who are not able to work for a long period of time may also be eligible for compensation through unemployment benefits These benefits are provided by most states and will provide the majority of the wage loss for an injured worker if they are unable to work for a prolonged time Damages Railroad workers are frequently injured by accidents while working These accidents can result in serious lifealtering consequences that can even result in death Fortunately the Federal Employers Liability Act FELA protects railroad employees who have suffered injuries in workplace accidents FELA differs from workers comp because it permits railroad workers to claim damages against their employers due to negligence of their employers This law was enacted by Congress to ensure that rail workers receive fair treatment in the case of an injury sustained on the job The damages in a FELA suit are more severe than those in workers compensation These damages include lost earnings benefits pain suffering disfigurement disability and future medical expenses It is essential that you have a professional lawyer on your side throughout the process of filing an FELA claim A knowledgeable FELA lawyer is familiar with the laws that apply to railroad injuries and will know how to present the evidence required to secure the full amount of damages you are entitled to You must act quickly when youve been injured in a railroad accident If you dont your claim will be denied by the FELA statute of limitations Make sure that your supervisor files an official report on the incident This will establish that the railroad was responsible for the accident and assist you in your case Be aware that railroads will almost always try to convince you that they are not liable for your injuries by asking questions or submitting false reports It is important that your doctor assess your injury Typically railroads try to lower the value of your claim by trying to claim that your injury wasnt result of the train accident or that you received treatment for the injuries without legitimate medical justification or that you fabricated the incident Since your employer isnt an advocate for you when it comes to handling your injury claim it is crucial to have a seasoned attorney by your side to ensure you receive whole damages for your injuries In the case of longterm serious injuries it is especially crucial to have an attorney on your side