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Railroad Injuries Law You could be eligible for compensation if you were injured in a railroad accident. You may be able to receive damages for medical bills, lost income/wages , injury, disability, pain and suffering or loss of a loved one or a spouse, based on the circumstances. An experienced railroad injury lawyer can assist in proving that someone else was responsible for your accident and may be able to seek 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 passed in 1908 in order to grant railroad employees the legal right to sue their employers if they were injured while on the job. FELA also stipulates that railroads must provide an environment that is safe for employees. It means that railroads have the responsibility of ensuring that its tracks, equipment as well as its office, shop and other property are safe for everyone working for the railroad. To file a claim under FELA, you have to prove that the party in the case – for example the railroad failed to provide you with a safe place to work and that you were injured because of it. The railroad's lack of reasonable care is negligence and you can recover money damages if you are successful in your FELA claim. FELA allows employees to file their claim in the court within a years after the accident. This is important as the time can go by and evidence could disappear. A seasoned FELA attorney can help determine whether or not you have a viable FELA case. The lawyer can also help you determine the amount of money yours. FELA claims are usually filed directly with the railroad company, however they may be brought to state or federal court as well. A FELA lawsuit can be a complex process. It is essential to have the right attorney with you to protect your rights. Occupational Diseases When employees get injured in the railway industry and suffer injuries, they can be able to seek compensation from their employer under FELA (the Federal Employers Liability Act). FELA is designed to protect employees from workplace injuries but also permits employees to claim compensation for ailments or diseases they contracted during an extended period of time due to their employment. The causes of occupational diseases vary. causes, but usually develop due to exposure to harmful products or in the environment of the workplace. Some of these diseases are well-known such as asbestos-related cancers, or carpal tunnel syndrome. However, others remain mostly undiscovered. Asbestos-related lung disease as well as other respiratory diseases are a frequent problem for railroad workers. These conditions can cause breathing difficulties and make it difficult to work which can lead to a decrease in productivity as well as an increase in cost for the company. Another common problem among railroad workers is hearing loss. It can be caused by exposure to industrial noise , or as a natural part the aging process. Trigger finger, carpal tunnel syndrome and epicondylitis are all instances of occupational musculoskeletal issues. These disorders can be debilitating and painful, but they can often be treated. The most severe of these injuries can cause death. These cases must be examined and reviewed by a lawyer that specializes on FELA law. In contrast to injuries caused by workplace accidents, like an injured leg or a brain injury, an employee must prove that his condition was the direct result of their employment. In addition, he or she must demonstrate that the illness was not a result of other causes. A worker must provide medical documentation , in addition to proving that the injury caused the condition. It is also important that the connection between the injury, the illness, and the injury be properly documented in medical research. This is necessary to ensure that a claim for workers' compensation will be approved. Sickness Benefits There are many benefits available to railroad workers who are injured at work. These include medical expenses such as sickness benefits, supplemented sickness benefits, and disability annuities. These benefits are administered by the RRB. There is also the Federal Railroad Medicare program, which offers basic hospital insurance financed by payroll taxes. It also offers additional insurance to rail workers who don't have a medical plan sponsored by their employer coverage, such the RRB. Sickness benefits can be repaid for any day that you are not able to work due to an illness or injury on the job. The amount of time that you are eligible for these benefits is determined by the number of creditable months you have earned, and also the nature and severity of your disability. You could be eligible for a total disability insurance if are totally disabled from being able to work in any profession or have less than 120 creditable years but more than 240. This kind of disability has similar medical requirements to Social Security Disability. However you aren't required to be able to do any replacement job. Supplemental sickness benefits can be claimed at the same amount as normal sick or unemployment benefits provided that the employee isn't receiving wages, salary or sick pay from any railroad, non-railroad, or other work during the period they are eligible. The employee must complete an Application for Sickness benefits and have his/her doctor complete the Statement of Sickness. If you're injured while working it is a great idea to submit a claim as fast as you can following the incident. The more information you have about the accident, the greater your chances of getting an equitable settlement. You should also take photos of any injuries or damage you've sustained. Medical Care Whatever your position is, whether it's an engineer, conductor, or maintenance worker, you should seek medical attention immediately following an accident. Additionally you have the right to choose any doctor you would like to see, not just the one that is chosen by the railroad. You should also keep meticulous documents of any injuries you suffer in order to note them down later. Keeping these detailed notes is essential to your case as they may be used as evidence if the time comes to take the railroad to court. The Federal Employers Liability Act (FELA) protects the majority of railroad workers and allows them to claim damages against their employers caused by workplace accidents and diseases. It can be difficult to navigate the FELA and it is crucial to have an knowledgeable FELA attorney by your side. Discuss your options for medical treatment with your FELA Designated Counselor as soon as possible after any work-related injury. This includes determining the type of medical insurance you'll have, which doctors and facilities will be best suited for your needs and how and when your medical bills are paid. Most railroaders have a form of health insurance. These insurance policies are available in various costs and provide a wide range protection. These can be PPO's, HMO's or HMO's which offer a variety of doctors and facilities but have deductibles, percentage pays or private hospital association policies which have lower costs for out-of-pocket expenses, and have no lifetime caps. It is important to keep accurate records of your treatment as well as any expenses after you have received the medical treatment you require. These documents should include a description of your accident, a statement from your medical professional and any documentation concerning the treatment you received that your doctor considers relevant to your situation. Representation The railroad industry is a complex one that has many different hazards. These accidents can result in serious injuries to passengers and workers alike. These accidents can also result in emotional and financial trauma that is devastating for the families of victims. You are entitled to seek 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 assist you to determine your options and seek justice. It is vital to seek legal assistance immediately if you've been injured in a railroad collision. Workers' comp benefits may be available to you, however they're typically not enough to cover your medical expenses loss of wages, suffering and pain. Your employer might be able to obtain additional damages under the FELA law which was passed in 1908 and safeguards the majority of railroad workers. However, these claims require a great deal of legal expertise and knowledge to pursue successfully. Your FELA attorney will be capable of explaining your case and gather the required evidence. They can also sue negligent employers for compensation in the United States District Courts or other state courts. Non-economic damages may also be an alternative for your FELA lawyer. These damages are based on the standard of living and include things like your future earnings potential, the loss of enjoyment you get from your current lifestyle, and mental distress. If you are a train passenger or railroad employee, getting the compensation you deserve is vital to your recovery. These and other damages can be sought in civil litigation by an experienced railroad injury lawyer.