Railroad Injuries Compensation You could be entitled to compensation under the Federal Employers' Liability Act (FELA) if you are 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. In order to win a FELA case you must prove that the employer was negligent in any way. This could be due to a failure to comply with safety regulations or unreasonable demands placed on the worker. The FELA Statute Limitations Railroad workers who have suffered injuries while working may be capable of suing their employers under the Federal Employers' Liability Act. The FELA was passed by Congress in 1908 as a response to horrendous accident rates in the rail industry and to promote uniformity in rules and equipment standards. To be eligible for compensation under FELA you must demonstrate that your employer acted negligently. This could be due to a negligence in following safe procedures or a violation of a federal or state law regarding the maintenance or inspection of locomotives. Under FELA the employee has three years from the date when they were injured or diagnosed with an occupational disease to file a lawsuit. The time limit can be extended for injuries that are caused through exposure to toxic substances. Railroads will often try to avoid their responsibilities towards injured employees by refusing or minimizing information that could prove useful in the case of a FELA suit. It is particularly important for injured employees to complete the appropriate accident report form provided by the railroad and to provide specific and accurate information regarding the incident that caused the injury. FELA claims are able to be denied or diminished if an injured worker fails to complete the forms correctly or doesn't know the requirements. A knowledgeable FELA lawyer can help you get through these challenges and make a an impact on whether or not your claim succeeds or fails to get compensation. Another factor that could impact the outcome of your claim is how fast you get in touch with an attorney. You will likely lose your right to claim if you don't talk to an attorney immediately. An experienced FELA lawyer can help you determine if your claim will be subject to a three year time limit. You can also get advice from an experienced attorney in the field of FELA on the best ways to proceed following an accident to maximize your claim. Medical Treatment If you're injured while working for the railroad, your employer is not only obliged to provide medical treatment under the FELA but also to cover all the related expenses. However, there are occasions when railroad workers suffer from numerous complications related to their work-related injuries. Railroad workers are worried about whether the railroad will handle their medical treatment. Railroad workers are worried that the railroad will choose their physician and authorize their treatment under FELA. However this isn't always true. Although you should contact your insurance company to inquire about your insurance coverage, the case manager or agent should not direct you to any physician or medical facility. Be your own advocate and find the best medical treatment for your injuries. If you've been injured, it is essential to keep track of all medical expenses as well as treatments you have received. This will help when evaluating your claim in the future. It is also important to speak to your personal doctor about the best ways to manage your injuries. Your doctor may recommend that you seek medical attention immediately in a hospital or clinic. Once you are in the hospital, your doctor will perform an MRI and 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 treat any fractures or injuries found on your MRI. This is a difficult procedure, but it is vital for your physical and mental well-being. Your doctor may recommend therapy or counseling to help you cope with the effects of your accident. This is crucial for your recovery, but it is not a good idea to undergo these procedures without consulting your attorney first. If you've been injured, it's important to keep track of all medical expenses, including co-pays or deductibles. This will assist you in the future when you review your case. If the medical bills you incur exceed the amount of your FELA coverage it is not advisable to settle your case until you have spoken to an attorney. Lost Wages Federal Employers' Liability Act (FELA) that provides specific protections for railroad employees allow them to sue their employers for damages. This includes compensation for medical expenses, lost wages and pain and suffering. The FELA was established in 1908 in order to protect families of workers from dangerous working conditions. In a case involving railroad injuries the most typical form is lost wages. This is the term used to describe the amount of money that an injured worker would have earned if they were still working. This includes salary, commissions and tips, bonuses and other earnings an employee might have earned. If a railway worker is injured the first thing their attorney will do is talk to the employer to negotiate a fair settlement for them. This usually happens through arbitration or mediation, in which an agreement is reached between the parties in a neutral setting. It is also possible to pursue an action in court, however the process will typically be longer than for state workers' compensation claims. When a case goes to trial, the jury determines the amount which will be awarded. In general the injured worker is entitled to 100% of their lost wages. However, this could be different based on the circumstances that surround each situation. An injured worker can seek compensation for intangibles , such as pain and suffering, emotional distress as well as diminished quality of life and other intangibles. A railroad worker injured and is totally disabled due to an accident at work may be entitled to compensation for lost wages, past and future, in addition to the cash value of their income. They can also recover for any medical bills related to their claim. Unemployment benefits are offered to railroad employees who are ineligible or unwilling to work for long periods of time. These types of benefits are provided by the majority of states and they will cover the majority of an injured worker's wage loss in the event of being out of work for a long period of time. Damages Railroad workers are frequently injured in accidents that happen on the job. These accidents can result in serious life-altering implications that could even cause death. Railroad employees who suffer injuries through work-related accidents are covered by the Federal Employers Liability Act (FELA). FELA is different from workers' compensation due to the fact that it allows railroad employees to sue their employers for damages due to negligence of their employers. The law was enacted by Congress to ensure that railroad employees are treated fairly in the event of an injury. Damages in a FELA lawsuit are much higher than what is available under workers' comp. These damages include lost earnings and benefits, pain, suffering, disability, disfigurement and medical expenses. A competent attorney is crucial to your success when filing an FELA claim. A knowledgeable FELA lawyer is knowledgeable of the laws that apply to railroad injury claims and knows how to present the evidence needed to ensure you receive the full amount of damages you are entitled to. It is imperative to act swiftly should you be injured in a railroad accident. If you don't act, your claim will be denied by the FELA statute of limitations. Also, make sure your supervisor submits an official account of the incident. This will help in your case by proving that the railroad was at fault for the incident. Be aware that railroads will almost always try to convince you that they aren't accountable for your injuries through asking questions or submitting inaccurate reports. It is crucial to have your doctor evaluate your injury. The railroad often tries to decrease the value of your claim by arguing that your injury wasn't caused by the train accident or that you weren't treated for your injuries properly or that you attempted to hide the incident. Because your employer isn't an advocate for you when it comes to handling your injury claim, it is important to have an experienced attorney on your side to ensure you receive whole damages for your injuries. In cases that involve long-term, serious injuries, it is especially important to have an attorney to your side.