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Railroad Injuries Compensation If you are railroad employee your rights may be protected under the Federal Employers Liability Act FELA A successful FELA claim can be used to pay for medical treatment as well as lost wages and suffering and pain Railroad workers may suffer injuries that can be serious and last a lifetime They can also have a serious impact on your finances and life FELA If you are an employee of a railroad company or are the surviving family member of one who passed away due to a workplace injuries you may be entitled to financial compensation under the Federal Employers Liability Act FELA You may be eligible for compensation for the past or future suffering mental anxiety or loss of companionship To file an action under the FELA you must prove that the employer was negligent in the causing of your injuries This is less than the standard youd need to meet in a conventional personal injury case and is often described as a featherweight burden of proof Under FELA railroad companies are required to provide a safe work environment for their employees in any situation and at all times They must comply with safety standards established by state and federal laws If you suspect that your injuries are the result of negligence by the railroad seek medical attention immediately This is vital because the sooner your injuries are examined and treated the less severe theyll be After youve received the treatment you require after which you should seek out an experienced FELA lawyer to help you navigate the process Legal counsel can help you obtain the compensation you need and increase your chances of winning a lawsuit against the railroad company Another reason to designate counsel is the fact that there are certain time limits for filing claims under FELA Most claims must be filed within three years of the date of injury It is essential to talk to an experienced FELA attorney if someone you love has been hurt at work They can help you navigate the legal process clarify your rights and determine whether youre in the right position FELA is a federal law that protects employees of interstate railroads and all employees who work on the railroads property It provides a higher level of financial compensation than traditional workers who are not railroaders and is primarily intended to encourage railroad companies to take steps to make their workplaces safer Occupational Safety and Health Administration OSHA The Occupational Safety and Health Administration is a federal government agency It was established by Congress in 1970 in order to reduce the risk of occupational injuries and illnesses Its mandate is to protect workers right to work in a safe environment training outreach and education OSHA is an agency for regulation which means that it is dependent on the compliance of employers to enforce its rules If an employer does not comply with OSHA regulations they could be fined or face other legal consequences In railroad accident lawyer near me georgia to enforce OSHA standards OSHA also conducts inspections of industrial facilities within the United States These inspections may be in response to major workplace accidents multiple employee hospitalizations complaints from workers and referrals and other concerns that threaten the safety of employees OSHA can issue citations or warnings depending on the location of an industrial facility to employers who are not adhering to the guidelines and laws it has set OSHA also offers grants for employers to help with costs like safety equipment and training OSHA collaborates closely with labor unions employers and other stakeholders to develop standards and requirements that are applicable to specific workplaces These standards and requirements are built on research conducted in the workplace and also on the input of experts in the field Employers must follow these standards and regulations to reduce or eliminate workplace hazards and prevent injuries and illnesses Employers should also train their employees to identify and report dangerous conditions and how to take precautions to avoid accidents As OSHA regulates most privatesector businesses and their employees it applies its standards to a broad variety of industries It does not control employees who are self employed or working for family members with no other jobs Railroad workers are among those most susceptible to injury and illness in the United States with a fatality rate twice as high as other workers This is due to the fact that their jobs require long hours strenuous activity and physical exertion Despite advances in technology which have reduced the number of deaths at work but railroad injuries continue to 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 including those who work on the property of their business or for interstate companies The law permits injured or fatally injured employees to recover damages for their physical mental and emotional suffering as well as other noneconomic losses This includes medical expenses lost income rehabilitation and retraining and intangibles such as mental anguish and lowered quality of life The primary difference between workers compensation and the FELA is that injured workers must prove that their employer was the cause of the accident Workers comp benefits arent automatically available to them This is important because in some instances workers may not have enough information to establish that their employers negligence caused the injury and therefore arent entitled to any benefits from workers comp Another significant difference among FELA and workers comp is that FELA claims are usually decided by juries while workers compensation cases are usually settled through a settlement with the employer This is because FELA a strict liability law requires injured workers to prove that their employer was negligent in causing the accident These cases can be complex and challenging therefore it is recommended to hire an expert attorney who is familiar with these types of cases If you or someone you love has been injured when working in the railroad industry you need to consult an attorney as soon as you can to learn your rights and safeguard them A bill was introduced by Congress to tighten rules for freight trains transporting hazardous materials This follows the derailment that occurred in December 2017 on the Norfolk Southern train Railroads are required to develop emergency response plans and inform state emergency commissions in the event that the train is carrying dangerous material It would also increase the maximum fine that railroads may be subjected to for safetyrelated violations to 225000 which is now one percent of its annual operating income Statute of Limitations Federal Employers Liability Act FELA provides railroad employees with the legal basis to seek compensation for injuries or illnesses caused by their employers negligence FELA is not a form of workers compensation Instead of state workers compensation laws employees must prove that the railroad was negligent or reckless and caused their injury Railroad claims are subject to a three year statute of limitations from the date of injury Failure to submit a claim within this time frame could result in the dismissal of your case and you will not be able to be awarded any compensation for your injuries Railroad injuries and illnesses can occur over a long period of time For instance cancers that are the result of exposure to toxic chemicals such as asbestos creosote diesel fumes creosote and silica will not appear until some time after an employee of a railroad has been exposed to these hazards in the workplace This is the reason the statute of limitations for these kinds of cases doesnt begin until the employee has actually been diagnosed with an illness or injury that is related to his work This could be for instance when an employee was diagnosed with lung cancer in the year 2015 however he has been recently diagnosed with acute myeloidleukemia The statute of limitations for occupational diseases is not in effect when an employee of the railroad has been diagnosed with a disease and it is obvious that negligence on the part of the railroad has contributed to the development 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 will be compensated for their injuries if an negligence lawsuit is filed It also makes sure that evidence isnt lost over time Railroads are required by law to notify injured employees within a specific timeframe after an injury occurs