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Railroad Injuries Law If you've suffered injuries in a railroad accident there is a chance that you could have an opportunity to claim compensation. Based on the circumstances, you could be able to claim damages for your medical bills and lost income/wages, pain and suffering, emotional trauma, or loss of a loved one. A skilled railroad injury lawyer can help prove that someone else was responsible for your accident and may be able to pursue compensation for your expenses. FELA The Federal Employers' Liability Act (FELA) is an act that protects railroad employees who are injured on the job. The law was enacted in 1908 to permit railroad employees to sue their employers if they suffer injuries while working. FELA also states that railroads are required to provide an environment that is safe for employees. Railroads are therefore required to exercise an obligation to ensure that employees are safe on their tracks, equipment and offices, as well as shops and other property. To file a claim under FELA it is necessary to prove that the party in the case – like the railroad – did not provide you with a reasonably secure work environment and that you were injured due to the failure. If you prevail in your FELA case, you can recover money damages for the railroad's inability to exercise reasonable care. In the majority of cases, FELA permits an employee to file a claim with the court within three years from the time of the injury. This is important because time can pass and evidence could be lost. A seasoned FELA attorney can help determine if you have a strong FELA case. The lawyer will also be able to determine the amount of money you are entitled to. FELA claims are usually filed directly with the railroad company, but they are also able to be brought to federal or state courts as well. A FELA lawsuit can be a complex process. It is vital to have the right attorney on your side to safeguard your rights. Occupational Diseases If employees suffer injuries in the railway industry, they may seek compensation from their employer under FELA (the Federal Employers Liability Act). FELA protects workers from accidents on the job however, it also permits employees to file claims for illnesses and diseases that develop over a period of time as a result of their employment. The occupational diseases can have a myriad of causes, but usually develop due to exposure to harmful substances or the environment in the workplace. Certain of these illnesses are well-known, like asbestos-related cancers and carpal tunnel syndrome. However, other diseases are in the shadows. Railroad workers are usually affected by asbestos-related lung diseases or other respiratory conditions. These illnesses can cause breathing difficulties and make work difficult and result in a decline in productivity and a higher cost for the company. Another common affliction among railroad workers is hearing loss. This can happen as a consequence of frequent exposure to industrial noise or as a result of the natural process of the process of aging. A few occupational musculoskeletal issues include carpal tunnel syndrome, trigger finger and epicondylitis. They can be painful and debilitating, but can be treated in many cases. The most severe injuries could result in death. These cases must be reviewed by a lawyer who is specialized in FELA law. An employee must demonstrate that his illness is not the result of accidents at work, such as broken legs or traumatizing brain injuries. They must also establish that the condition was not the result of any other causes. In addition to medical evidence an employee must also demonstrate that the condition resulted from an injury that was sustained at work and that the relationship between the injury and the disease is well known in medical research. This is necessary to ensure that a claim on workmen's compensation will be granted. Sickness Benefits Railroad workers who get injured on the job can enjoy a variety of benefits. These include medical expenses sick benefits, additional sickness benefits, and disability annuities. These benefits are administered by the RRB. Federal Railroad Medicare provides basic hospital insurance , which is funded by payroll taxes. It also provides an additional medical insurance plan to rail employees who do not have health insurance coverage through their employers such as through the RRB. Sickness benefits are paid for each day during which you are unable to work because of an injury or illness that occurs on the job. The time period that you are eligible for these benefits depends on the amount of creditable months you have earned as well as the nature and extent of your disability. You could be eligible for total disability insurance policy if you are completely disabled from performing any job or have less than 120 creditable months but more than 240. The medical requirements for this type of disability are similar to those under Social Security Disability, but there is no requirement that you be capable of doing any job that is substituted. Additional sickness benefits are payable for the same period of time as normal unemployment and sickness benefits, provided that the employee receives no salary, wages, or sick pay from any railroad or nonrailroad work during the period they are eligible to take advantage of the benefits. The employee is required to fill out an Application for Sickness Benefits. The employee must also have his or her doctor complete the Statement of Sickness form. If you are injured on the job it is a great idea to submit a claim as fast as possible after the incident. The greater chances of obtaining an appropriate settlement, the more detail you can provide about the incident. You should also take pictures of any injuries or damages you've sustained. Medical Care Whatever your position, whether you're employed as conductor, engineer, maintenance worker or any other job on the railroad it is essential to seek medical care right away after any accident. Moreover you are entitled to see any doctor you want to see and not only the one selected by the railroad. It is also important to keep accurate records of any injuries you are subjected to so that you can document them later on. These detailed notes can be used to back your case when you go to court. the railroad to court. The Federal Employers Liability Act (FELA) safeguards the majority of railroad workers and permits them to sue their employers for the damages caused from workplace accidents and diseases. It is sometimes difficult to navigate the FELA and it is important to have an experienced FELA attorney on your side. You should discuss your options for medical care with your FELA Designated Legal Counsel as soon as you can following any work-related injury. This should include determining what type of medical insurance you will be covered under which facilities and doctors are the best for your treatment, as well as how and when your medical bills will be paid. Many railroad workers have some form of health insurance. These policies are available at various prices and offer a broad range of protection. They can be HMO's or PPO's which offer various hospitals and doctors, however, they have deductibles and percentage payments or private hospital association plans with less out of pocket expenses and no lifetime caps. After receiving the medical treatment you need, it is important to keep accurate records of your treatment as well as any other expenses. These documents should include a description of your accident, a statement from your medical provider and any other documentation about your treatment that your doctor considers relevant to your situation. Representation Railroads are an incredibly complex industry with a variety of dangers. These accidents can result in serious injuries to workers and passengers alike. They can also result in devastating losses for families of victims, such as financial hardships and emotional trauma. If you're a rail conductor, passenger or railroad employee, it's important to know that you have rights under both state and federal law to seek compensation from an unintentionally negligent train operator or a company. A trained, experienced railroad injury lawyer can help you to know your options and seek justice. It is imperative to seek legal representation immediately if you are injured in a railroad collision. Although you may be able to file a claim for workers' comp benefits, they are capped and typically do not pay for medical expenses as well as lost wages, suffering and pain. You could be able get additional compensation from your employer under FELA an act passed in 1908 that safeguards the majority of railroad employees. However these claims require a lot legal knowledge and expertise to be pursued successfully. Your FELA lawyer can explain the specifics of your case, collect evidence that is essential and pursue negligent employers for compensation in United States District Courts or state courts across the country. Non-economic damages can also be an alternative for your FELA lawyer. These damages are based on the quality of life and include things like your future earning capacity, the loss of enjoyment you get from your current lifestyle, as well as mental distress. It is vital to receive the compensation you are due as railway employee or train passenger. A skilled attorney for railroad injuries can assist you in pursuing these and other damages in civil lawsuits.