Railroad Injuries Compensation You may be entitled to compensation under the Federal Employers' Liability Act (FELA) If you're injured in a train accident. This law grants injured workers financial recovery for their medical expenses, lost wages , pain and suffering. A successful FELA claim requires proof that the employer was negligent in some way. This could be a failure to follow safety rules or unreasonable demands on the worker. The FELA Statute Limitations If you're a railroad worker who has been injured on the job or at work, you may be entitled to a right to file a claim or lawsuit against your employer for damages under the Federal Employers' Liability Act (FELA). Congress established the Federal Employers Liability Act (FELA) in response to the increasing number of rail accidents and to promote uniform equipment standards. To be able to recover compensation under FELA you must demonstrate that your employer acted negligently. This could be due to a failure to follow safety procedures or an infraction to any law, whether federal or state, regarding the maintenance or inspection of locomotives. Under FELA the law, employees have three years from the time when they were injured or diagnosed with an occupational illness to start a lawsuit. The time limit can be extended for injuries caused by toxic exposure. It is important to note that railroads are often trying to avoid their responsibilities to injured employees by delaying or minimizing information that could prove useful in a FELA lawsuit. An injured employee must complete the appropriate accident reporting form that is provided by the railroad and answer specific questions about the incident that caused the injury. FELA claims can be quashed or diminished if an injured worker doesn't complete the forms correctly or doesn't comprehend the questions being asked. Having an experienced FELA attorney to assist you with these issues could be the difference between an effective claim and a loss of compensation. The speed at which you communicate with an attorney could also affect your claim. You will likely lose your right to file a claim if you do not speak to an attorney as soon as possible. A knowledgeable FELA lawyer can help you determine if your claim is likely to be subject to a three year time limit. You can also get advice from a knowledgeable lawyer for FELA about the best steps to take after an accident to maximize your claim. Medical Treatment If you're injured while working for the railroad your employer isn't only obliged to provide medical treatment under the FELA and pay all of your related expenses. Railroad employees may still suffer issues resulting from workplace injuries. The primary concern that many railroad employees have is whether or the railroad will have control over their medical treatment. They fear that the railroad will pick their doctor and approve their treatment under FELA however this isn't always the case. While you should always call your health care insurance carrier to inquire about your coverage Don't let the claim agent or case manager guide you to any physician or medical facility. Be your own advocate and seek out the best care for your injuries. After you've been injured it is important to keep a record of all medical expenses and treatments received. This will help you when you are evaluating your claim in the future. Discussing with your doctor the best method of treating your injuries is essential. Your doctor may advise you to seek out immediate medical attention at a clinic or hospital. When you are admitted to the hospital, your doctor will perform an MRI or other tests. These tests will help determine the extent of your injury, as well as the time to recover. If your MRI confirms that you've suffered fractures or other injuries, your doctor may suggest surgery to fix the injury. Although it can be an intimidating procedure, it is essential for your mental and physical well-being. Your doctor may recommend therapy or counseling to help you deal with the consequences of your accident. These treatments are important for your recovery. However, it is not a good idea if you don't talk to your attorney first. If you've suffered an injury, it's essential to keep a record of all medical expenses, including co-pays or deductibles. This will be helpful in the future when you are evaluating your case. You should not settle your case if the medical bills exceed the FELA coverage. Lost Wages Federal Employers' Liability Act (FELA) which offers specific protections for railroad employees can sue their employers for damages. This includes compensation for lost wages as well as medical expenses, as in addition to suffering and pain. The FELA was passed in 1908 to protect workers and their families from dangerous working conditions at work. In cases involving railroad injuries, the most common form is lost wages. This is the term used to describe the amount of money an injured worker would have earned if they were still working. This includes wages, commissions and tips, bonuses and other earnings an employee might have earned. If a railroad worker gets injured the first thing their attorney will do is talk to the employer and try to obtain an acceptable settlement for them. Mediation or arbitration are two strategies which can be used to reach an agreement between parties. You may also make a claim in court. However the process will usually be longer than that for state workers' compensation claims. If a case is brought to trial, the jury decides the final amount of compensation which will be awarded. In general, injured workers are entitled to 100% of their lost wages. This may vary based on the particular situation. An injured worker can seek compensation for intangibles , such as emotional anxiety, diminished quality of life, and other intangibles. For example, an injured railroad employee who is totally disabled due to a workplace injury may be able to recover compensation for their past and future lost wages as in addition to the current cash value of their income lost. They can also seek reimbursement for any medical bills that are associated with their claim. Unemployment benefits are offered to railroad employees who are unable or unwilling to work for long periods of time. These types of benefits are provided by many states, and they'll cover the majority of a worker's wage loss when they are out of work for an extended period of time. Damages Railroad workers are often hurt when they are involved in accidents on the job. These accidents can have severe life-altering implications and could even lead to death. Railroad employees who suffer injuries in workplace accidents are protected by the Federal Employers Liability Act (FELA). FELA differs from workers' compensation because it allows railroad employees to sue their employers for damages caused by negligence on the part of their employers. This law was enacted by Congress to ensure that railroad workers get fair treatment in the case of injury while at work. Damages in a FELA lawsuit are far greater than what is available under workers' comp. These damages include earnings and benefits lost in the event of pain, suffering and disability disfigurement, future medical bills, and more. A skilled attorney is essential to your success when filing a FELA claim. A seasoned FELA lawyer will be familiar with the law governing railroad injuries and can present the evidence required to get the maximum amount of damages. You must act quickly in the event that you've been injured in a train accident. You'll lose your claim under the FELA statutes of limitations if waited. Also, ensure that your supervisor files an official report of the incident. This will prove that the railroad was the one responsible for the incident and aid you in your case. But, be aware that the railroad will always attempt to convince you that they're not responsible for your injuries through making statements and asking questions that aren't accurate. Your doctor's evaluation of the injury is also crucial. The railroad is often able to decrease the value of your claim by the argument that your injury wasn't caused by the train accident or that you weren't treated properly for your injuries or that you deliberately feigned the accident. Your employer is not your ally when it is a matter of claiming injury. It is crucial to have an experienced attorney on your side to make sure you receive the maximum amount of compensation for your injuries. In the case of long-term, serious injuries, it's crucial to have an attorney to your side.