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Railroad Injuries Law If you've suffered injuries in an accident on the railroad and suffered injuries, you may be able to file an legal claim for compensation. Depending on the circumstances, you could be able to recover damages for medical expenses as well as lost wages/income, disability or pain and suffering, emotional trauma, or the loss of a loved one. An experienced lawyer for railroad injuries can help prove that someone else is responsible for your accident and may be able to pursue compensation for your loss. FELA Federal Employers' Liability Act commonly referred to as FELA which protects railroad employees who suffer injuries on the job. This law was enacted in 1908 to grant railroad workers the legal right to sue their employers if injured while on the job. FELA also states that railroads must provide workers with a safe and secure environment. This means that railroads are required to take an obligation to ensure that all employees are safe on their equipment, tracks, shops, offices, and their property. To bring a claim under FELA, you have be able to prove that the defendant in the case – for instance the railroad company – did not provide you with a safe work environment and that you were injured due to this. If you prevail in your FELA case, you may recover money damages for the railroad's inability to exercise reasonable care. FELA allows employees to file a claim in the court within a year of the injury. This is important as time passes and evidence may be lost. An experienced FELA lawyer can help determine whether you have a valid case. The lawyer can also assist you to determine the amount of money yours. FELA claims are usually filed directly with the railroad company, however they can be filed in state or federal court as well. A FELA lawsuit can be a difficult process, and it is crucial that you have right attorney on your side to ensure your rights are protected. Occupational diseases Employees who have been injured in the railway industry could be eligible for compensation under FELA (the Federal Employers Liability Act). FELA covers work-related accidents however, it also permits employees to claim illnesses and diseases that have developed over time as a result of their employment. There are a variety of causes for occupational illnesses. But, most of the time they are the result of exposure to dangerous products or the workplace. Certain diseases are well-known such as asbestos-related cancers and carpal tunnel syndrome. But, others are mostly undiscovered. Railroad workers are usually affected by asbestos-related lung diseases 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 affliction among railroad workers is hearing loss. It can be a result of exposure to industrial noise, or as a result of the natural process of ageing. A few occupational musculoskeletal issues include carpal tunnel syndrome, trigger finger and epicondylitis. These conditions can be extremely painful and can be debilitating, but can often be managed. The most severe injuries can cause death. These cases should be examined and reviewed by a lawyer that specializes in FELA law. Unlike injuries caused by worksite accidents, like a broken leg or traumatic brain injury the employee must show that his condition was a direct result of their employment. They must also prove that the disease was not the result of any other causes. An employee has to provide medical evidence in addition to evidence that the injury triggered the condition. It is also essential that the connection between the injury, disease and the injury be well documented in medical research. This is to ensure that a claim for workers' compensation will be successful. Sickness Benefits There are a myriad of benefits for railroad workers who are injured at work. These benefits include medical expenses as well as sickness and sickness benefits. The RRB administers these benefits. There is also the Federal Railroad Medicare program, which provides basic insurance for hospitals which is funded by payroll tax. It also offers additional insurance to rail workers who don't have employer-sponsored medical coverage, such as the RRB. Sickness benefits are paid for every day that you're incapable of working due to an injury or illness on the job. The length of time for which you are eligible for these benefits depends on the amount of creditable days you have earned and the nature and extent of your disability. If you are completely disabled from working in any job or have less than 120 but more than 240 creditable years of service, you may qualify for a total disability annuity. This type of disability is similar to the medical requirements as Social Security Disability. However you aren't required to be able to perform any replacement job. Additional sickness benefits are payable for the same time as regular sick and unemployment benefits, in the event that the employee is paid no wages, salary or sick pay from any railroad or other nonrailroad employment during the days that he or she is able to receive them. The employee must complete an Application for Sickness Benefits, and have his or her doctor complete a Statement of Sickness form. If you're injured on the job and suffer injuries on the job, it's a good idea to submit a claim as fast as you can following the accident. The more information you have about the accident, the greater your chances of getting an adequate settlement. Alongside obtaining copies of invoices, bills and receipts, take photographs of any damage or injuries you've sustained. Medical Care It doesn't matter if you're an engineer, conductor or maintenance worker, you should seek medical attention immediately after an accident. In addition you have the right to see any doctor you'd like to visit and not just the one recommended by the railroad. You should also keep detailed records of any injuries you sustain in order to record them later. Keeping these detailed notes is essential to your case since they could be used as evidence if it comes time to take the railroad to court. Federal Employers Liability Act (FELA) which safeguards railroad employees, allows them to sue their employers in the event of workplace injuries or illnesses. However, FELA is not always easy to navigate and it is sometimes necessary to have an experienced FELA attorney by your side. It is recommended to discuss your options for medical care with your FELA Designated Legal Counsel as soon as possible after any work injury. This includes determining the type of medical insurance that you'll be able to get, as well as which doctors and facilities will be best suited to your treatment and also how and when medical bills will be paid. Many railroad workers have some form of health insurance. These vary in cost and offer a broad range of options of coverage. They can be PPO's, HMO's or HMO's which provide a range of medical facilities and doctors but also have the option of deductibles, percentage payments or private hospital association policies that have lower costs for out-of-pocket expenses, and have no lifetime caps. It is vital to keep accurate records about your treatment and any expenses once you have received the medical care you require. These records should include a detailed account of your accident, a written statement from your medical providers, as well as any other documentation about your treatment that your doctor believes is essential. Representation Railroads are a complex industry with a variety of dangers. These accidents can cause serious injuries for passengers and employees. These accidents can also result in emotionally and financially devastating trauma for the families of victims. You have the right to claim compensation from negligent railroad operators or companies regardless of whether you're an employee, passenger, or a worker. A skilled and knowledgeable railroad injury lawyer can assist you to know your options and seek justice. It is imperative to seek legal counsel immediately if you are injured in a railroad collision. Workers' comp benefits may be available to you, however they're usually not enough to cover your medical expenses loss of wages, pain and suffering. Your employer might be able to get additional damages from the FELA law that was passed in 1908 and protects most railroad workers. However, these claims require a lot legal knowledge and experience to successfully pursue. Your FELA attorney can explain the details of your case, gather essential evidence and seek compensation from negligent employers in United States District Courts or state courts around the country. Another form of compensation your FELA lawyer might be able to pursue is non-economic damages. These damages are based on the level of living and may include things like your future earnings potential, the loss of enjoyment from your current lifestyle, as well as mental distress. If you're a train passenger or railroad employee, getting the compensation you deserve is crucial to your recovery. These and other damages can be pursued in civil litigation by a skilled railroad injury lawyer .