Why It Is Important to Hire an FELA Railroad Accident Lawyer Compensation is payable to railroad workers and their families if they are injured while on the job or suffer fatal injuries as a result. However, proving the liability of the railroad worker is much harder than with standard workers' comp claims. To be able to claim a fair amount of compensation railroad employees must show that their injuries or deaths were caused by the negligence of the railroad company. Documentation is essential. Recovering damages Train switches and signals play a vital role in preventing fatal and catastrophic collisions between trains. If these systems are not maintained or repaired in a timely manner railroad workers could be seriously hurt by their failure. A successful claim under the Federal Employers Liability Act (FELA) could award compensation for an employee's medical expenses and lost wages. However, it's difficult to recover these damages without the help of a skilled attorney. A knowledgeable FELA lawyer has years of experience fighting for clients and protecting their rights. They will conduct an extensive investigation to determine if the railroad's negligence was responsible for the accident that led to your injury. They can also ensure that you receive fair and full reimbursement for your losses from the railroad. The burden of proof in FELA is lower than in the case of workers' compensation which allows injured railroad employees to receive more compensation. Your lawyer can utilize this advantage during negotiations with insurance companies. They will also assist in gathering evidence to support your claim, such as medical documents and bills or employment records, as well as any other pertinent documents. Unlike workers' compensation, FELA requires that railroads demonstrate its negligence in the accident that caused your injuries. This is accomplished by proving they failed to provide you with a secure workplace and that their negligence directly caused your injury. Your FELA attorney will work hard to prove the railroad's liability for your injuries and losses. If you've been injured on the job and suffered a serious injury, you should consult a FELA lawyer with experience as soon as you can. They could make a claim in federal court against the railroad company over their negligence in the accident. The FELA statute of limitations is three years, so you should contact a reputable lawyer as soon as you can to safeguard your rights. FELA also offers compensation to family members in the event of a fatal railroad accident. The money is used to ease the financial strain caused by the loss of loved ones. The money can be used to pay for funeral expenses, future earnings lost, and loss in companionship or consortium. Defending your claim When railroad workers suffer injuries on the job, their employers must provide a safe workplace. Any company that fails to offer a safe work environment could be held accountable for any damages that result from their negligence. It is essential that railroad employees who have been injured have an experienced FELA attorney on their side. A competent FELA lawyer can help clients gather evidence that is comprehensive and prove the liability in court. Contrary to the standard laws governing workers' compensation, FELA requires workers to prove that their employer's negligence caused or contributed to their illness or injury. This is a higher obligation than other workers' compensation claims, but an experienced FELA attorney will be familiar with this law and will know how to construct a convincing case. Medical documents detailing your injuries are required for an effective FELA claim. Our FELA lawyers will also seek any documents that may be relevant, such as accident reports or witness statements. We will also make sure that all paperwork is filed on time and in a timely manner. We will file a civil complaint after we have all the evidence we need. The document outlines the specific damages you're seeking and the defendant will be given time to respond. Our attorneys are highly adept at handling FELA cases and are prepared to negotiate with defense or even go to trial if needed. We're not afraid to take on the insurance companies and their expensive lawyers and will fight for the compensation you are entitled to. A FELA lawsuit also allows pain and suffering to be recovered. This is a bonus award that can substantially increase your overall compensation. In contrast to workers' compensation, which only pays for future and past medical expenses, FELA allows for the reimbursement of a variety of damages. If you are a railroad employee and have suffered injuries or illnesses related to your job, call us immediately to discuss the possibility of filing an FELA claim. We are zealous about protecting the rights of railroad workers and will do all we can to get you the compensation you deserve. Negotiating with the insurance company After a workplace accident, many railroad workers begin receiving medical treatment without giving much thought to how the related medical bills will be repaid. While some may be tempted to simply leave this question in the back of their minds, it's important to discuss the matter with their FELA Designated Legal Counsel as soon as is possible after sustaining an injury at work. A skilled FELA lawyer can help injured railroad workers to understand the full variety of damages they can claim as part of their claim. These include non-economic damages such as suffering and pain and loss of enjoyment of life and consortium. These damages are not covered by workers' compensation, but can be recouped through an effective FELA lawsuit or claim. A FELA lawyer with experience can help injured railroad workers understand a variety of issues that may be relevant to their case. For example, whether or not the company's actions violated any safety regulations. To be eligible for an FELA case the worker must demonstrate that the negligence of their employer led to their injuries or illnesses. This can be difficult to prove, especially when it comes to proving that the company's negligence was at least partially responsible for their injuries. Railroad workers who have been injured may be enticed by the prospect of cooperating with their insurance company's representatives and sign medical authorization forms, but this can have significant negative consequences for their claim. A FELA attorney can help railroad workers avoid signing documents or agreeing to agreements that could negatively impact their FELA claims. The exposure to toxic chemicals is a frequent issue for railroad workers who are injured. For instance, railroads use herbicides to rid their tracks of grass and weeds regularly. Inhaling these chemicals can cause serious injuries, such as chemical encephalopathy (brain damage). Asbestos is a different hazardous chemical used by the railroad industry to make boilers, gaskets and steam pipes. It is now linked to mesothelioma which is which is a deadly form of cancer. Due to asbestos exposure, many railroad workers have filed lawsuits against asbestos companies. Representing you in court While working for the railroad, employees could be exposed to dangerous conditions that can cause serious injuries. A failure to provide a safe working environment is deemed to be negligence under the Federal Employers Liability Act (FELA), which provides injured railroad employees with a legal right to fair compensation for their losses. This law applies to any employee of railroads engaged in interstate commerce. This includes train conductors, locomotives engineers brakemens, signalmens and signalmens flagmens, track inspectors and other professionals. A railroad worker who is injured has a right to compensation for medical expenses past and future, lost wages, and pain and discomfort. In certain cases the victim could be entitled to punitive damages. The family of a loved one who was injured or killed by a railroad may be entitled to compensation damages if the railroad's negligence is the cause of the incident. If you've been injured as a railroad worker it is essential that you contact a FELA attorney immediately. Gilreath & Associates, a law firm that has extensive experience in FELA claims, can assist you to get the compensation you are due. Railroad companies use all their resources to minimize their liability and prevent lawsuits. You'll require a seasoned FELA lawyer to protect your rights. Your lawyer will go through all evidence and estimate future and past losses. He will consider a wide variety of factors, including your age and life expectancy. Once you have hired a seasoned FELA lawyer The railroad will be forced to consider your case seriously. They will investigate your claim and attempt to get your medical records. They may hire a private investigator to spy on your family members and you to attempt to find out if you are lying about your injuries. If you do not hire an experienced FELA lawyer as soon as you can the railroad could be able to influence your case and not pay you the amount you are entitled to. Contrary to workers' compensation, which only pays for medical expenses and a portion of wage loss, FELA claim allows railroad workers to recover damages including past and future income lost as well as pain and suffering and emotional trauma. It also includes aggravation of existing conditions as well as loss of quality of life. In addition, a jury decides on FELA damages, and they are usually far higher than the ones awarded in workers' compensation claims.