Railroad Injuries Law You could be eligible for compensation if were injured in a rail accident. Based on the circumstances, you might be able to claim damages for medical bills as well as lost wages/income, disability or pain and suffering emotional trauma, or loss of a loved one. An experienced railroad injury lawyer can prove that someone else is responsible for the accident and may be able to pursue compensation for your losses. FELA The Federal Employers' Liability Act (FELA) is an act that protects railroad employees who suffer injuries on the job. The law was first enacted in 1908 to enable railroad workers to sue their employers if they suffer injuries on the job. FELA also states that railroads are required to provide workers with a safe and secure environment. It means that the railroad has a duty to make sure that its equipment, tracks and offices, shop and other property are safe for everyone working for the railroad. To file a claim under FELA, you have to prove that the defendant in the case - such as the railroad failed to provide you with a reasonably safe work environment and that you suffered injuries due to this. If you prevail in your FELA case, you can claim damages in the amount of the railroad's failure 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 as evidence could be lost and time can pass. An experienced FELA lawyer can help you determine whether you have a valid case. The lawyer can also help to determine the amount of money you are entitled to receive. FELA claims are typically filed directly with the railroad company, but they may be brought to state or federal court as well. A FELA lawsuit can be a difficult process, and it is essential that you have the right attorney on your side to ensure your rights are protected. Health problems related to work Employees who suffer injuries in the railroad industry may be entitled to compensation under FELA (the Federal Employers Liability Act). FELA is designed to protect employees from injuries at work but also permits employees to claim compensation for illnesses or diseases that they contracted over an extended period of time due to their work. There are a variety of causes for occupational illnesses. However, the majority of the time they are the result of exposure to harmful substances or the workplace. Some of these diseases are well-known such as asbestos-related cancers or carpal tunnel syndrome. However, others are mostly undiscovered. Railroad workers are usually affected by asbestos-related lung diseases or other respiratory conditions. These diseases can cause breathing difficulties and make work difficult, leading to a decrease in productivity as well as an increase in cost for the company. Another common ailment among railroad workers is hearing loss. This can happen as a result of exposure to industrial noise or as a natural consequence of the process of aging. A few occupational musculoskeletal issues include carpal tunnel syndrome, trigger finger and epicondylitis. These disorders can be debilitating and painful but they can be managed. The most severe injuries could result in death. The cases need to be reviewed by a lawyer who specializes in FELA law. Unlike injuries caused by worksite accidents, such as an injured leg or a brain injury an employee must demonstrate that his illness was the direct result of his job. They must also be able to prove that the condition was not the result of other factors. An employee must provide medical documentation in addition to showing that the injury caused the condition. It is also essential that the relationship between the injury, illness and the injury are thoroughly documented in medical research. This is essential to ensure that a claim on workers' compensation will be approved. Sickness Benefits There are a myriad of benefits available to railroad employees who are injured on the job. These benefits include medical expense sick benefits, sickness benefits, and supplemental sickness benefits. These benefits are managed by the RRB. There is also the Federal Railroad Medicare program, which provides basic hospital insurance that is funded by payroll taxes. It also provides additional insurance to rail workers who don't have employer-sponsored medical insurance, such as the RRB. Sickness benefits are paid for any day that you're in a position of no work because of an injury or illness while on the job. These benefits are available for a specific time depending on how many creditable months you have and the nature and extent your disability. If you are completely disabled from being able to work in any occupation, or if you have less than 120 but more than 240 creditable hours of service, you could be eligible for an annuity on your total disability. This kind of disability has similar medical requirements as Social Security Disability. However you aren't required to be able perform any substitute job. Supplemental sickness benefits are payable for the same time as normal unemployment and sickness benefits, provided that the employee earns no salary, wages, or sick pay from any railroad or nonrailroad employment during the time they are eligible to claim them. The employee must submit an Application for Sickness benefits and then have their doctor complete a Statement of Sickness. If you've been injured while working it is a good idea to make a claim as soon as you can after the incident. The more information you can gather regarding the incident, better your chances of getting a fair settlement. Alongside obtaining copies of bills, invoices, and receipts, take photographs of any damage or injuries you've sustained. Medical Care No matter if you're an engineer, conductor or maintenance worker, you must seek medical attention as soon as you notice an accident. You have the right to not only to choose the doctor of your railroad, but also to go to any doctor you wish. It is also crucial to keep precise records of any injuries that you get so that you can keep them in the future. These detailed notes can be used to prove your case when you take the railroad to court. Federal Employers Liability Act (FELA) which is a law that protects railroad employees, allows them to sue their employers in case of workplace accidents or diseases. However, FELA is not always easy to navigate and it is sometimes essential to have an experienced FELA attorney by your side. Discuss your options for medical treatment with your FELA Designated Counsel as soon as you can following any work-related injury. This includes determining what kind of medical insurance will be covered by the best doctors and facilities, which are the best for your treatment, and the manner and when medical bills will be paid. Many railroad workers have some type of health insurance. They can be expensive and offer a wide range of coverage. These plans could be HMO's, PPO's, which provide a range of medical facilities and doctors but also have deductibles, percentage pay, or private hospital association policies that have lower costs for out-of-pocket expenses, and have no lifetime caps. It is essential to keep accurate notes about your treatment and any costs once you have received the medical attention you require. These records should include a report of your accident, a note from your medical provider and any documentation concerning the treatment that your doctor deems relevant to your case. Representation Railroads are an incredibly complex industry with many hazards. These accidents can result in serious injuries for passengers and employees. They can also cause devastating losses to the families of victims, including emotional trauma and financial burdens. You are entitled to claim compensation from negligent railroad operators or companies regardless of whether you're a conductor, passenger or a worker. A trained, experienced railroad injury lawyer can help you know your options and seek justice. If you've been injured as a result of an accident on the railroad, it's essential that you seek legal assistance immediately. Although you may be able to file a claim for workers' compensation benefits, they are not unlimited and often do not fully cover medical expenses loss of wages, suffering and pain. You may be able recover additional damages from your employer under FELA which was a law passed in 1908 that safeguards the majority of railroad employees. However these claims require a lot of legal knowledge and expertise to pursue successfully. Your FELA attorney can explain the particulars of your case, gather the necessary evidence and pursue negligent employers for compensation in United States District Courts or state courts across the nation. Non-economic damages could also be an alternative for your FELA lawyer. These damages are based on your standard of living and may include your future earning potential and loss of enjoyment of your current lifestyle, mental distress and loss of enjoyment. If you're a rail passenger or railroad employee, getting the compensation that you deserve is crucial to your recovery. These and other damages can be sought in civil litigation by a skilled railroad injury lawyer.