Railroad Injuries Attorneys Congress passed the Federal Employers Liability Act in 1908 to protect railroad workers who were injured and their families This law gives injured workers the right to sue their employers for damages in state and federal courts Because FELA is a complicated set of laws, it is critical to work with a knowledgeable railroad injury lawyer who knows how to craft your case for maximum compensation FELA Compensation Railroad injury lawyers can assist a railroad worker seek compensation in the event of an injury, accident or death as a result of the Federal Employers' Liability Act This is a federal law that permits injured workers to sue their employers in state and federal court The FELA differs from the workers' comp system in that it permits a person to sue an employer for negligence or for a violation of a federal safety statute The FELA was passed in 1908 to safeguard railroad employees from compensation if they are injured on the job Congress hopes that this law would improve safety in the workplace by requiring railroads to pay significant awards for injuries and deaths they cause Nearly every railroad employee that works on trains, such as crew members, electricians, mechanics, repair workers basic laborers and clerical assistants are covered under the FELA This includes most employees who work for interstate railroads which is a form of transportation that stretches over many states When a worker seeks compensation for a railroad accident under the FELA, it must be established that the employer of the worker was at least partially responsible for the injury The amount of compensation an injured railroader receives is determined by the extent of the employer's liability in causing the injury, and also by the doctrine of "comparative negligence" If you are a rail worker who was injured at work it is crucial to know your rights under FELA Contact a knowledgeable FELA attorney as soon as you can to discuss your situation and determine what you can expect from the FELA claim process It is crucial to submit a full FELA report within 24 hours of an accident It is essential to provide an accurate description of what happened, along with any medical or witness reports that you have It is also a good idea to take pictures of the scene as well as any equipment involved in the incident Fill in all forms correctly and accurately when you file your FELA claim Be wary of the railroad's claims agents and their lawyers who try to get you to fill out forms that are either too general or unclear FELA Statute of Limitations The Federal Employers Liability Act FELA protects railroad employees and grants them the right to sue their employers in civil court, rather than through workers' compensation FELA allows employees to seek damages for future and past suffering and pain, as also for mental anguish, a partial or permanent disability, as well as medical expenses FELA also reduces the burden of proof required for an action against a railroad FELA allows railroad employees who suffer injuries to prove that the railroad was negligent in any way This could be because of the defect in the condition of equipment or property or the actions of another employee FELA also prohibits defense of assumption of risk This allowed railroad companies to avoid responsibility for injuries by claiming that their employees had voluntarily accepted the risks of their work The statute prevents employees from negotiating the risk of liability and requires them to provide accurate information to investigators Contact a lawyer if have suffered injuries or lost a loved one in an accident Your union representative might be able to recommend lawyers who have experience representing railroaders and their families in FELA cases A railroad injury lawyer will guide you through each step of your case They will know how to handle your FELA claim and how to ensure you receive the maximum possible compensation Your FELA attorney will also be able to explain the three-year statute of limitations that applies to all FELA claims This time limit starts at the date of an accident or injury, and is also extended in the event that the worker is diagnosed with an occupational disease as a result of exposure to hazardous fumes or dusts It is important to remember that the rule of discovery applies even if you've been injured or if your family members have lost a loved one due to an accident due to exposure to hazardous dusts or fumes These diseases may take years to develop after exposure A FELA lawyer is required to be contacted immediately if you have been hurt in a railroad accident or if you have lost a loved one due to injuries caused by toxic substances at work To ensure that you are in a position to recover the full legal compensation available it is essential that you submit a lawsuit within the three year statute of limitations FELA Damages If you've been injured when working for railways, you could be able to claim damages under the Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is more than a century old and was enacted to provide workers with legal recourse in the event of work-related injuries The FELA requires railroad companies to provide safe working conditions as well as maintain a reasonable standard for care to their employees This means that a railroad must be responsible for providing employees with a safe and secure place to work, suitable tools and equipment, safety training, and adequate supervision This means that railroads must comply with safety regulations Negligence is demonstrated by a railroad's failure to provide a safe working environment in the absence of following or enforce safety regulations, breaking a railroad's own rules or a state law, and even failure to conduct a timely inspection of the workplace of employees Negligence can also result from human error or track defect An attorney who has experience in personal injury cases is usually qualified to start an FELA case These cases require an in-depth understanding of Federal statutes and case law related to railroad injury claims In contrast to claims for workers' compensation, FELA cases allow you to take on the railroad directly This allows you to receive more money than if your case were handled through workers' compensation In a FELA case, damages could include past and future lost wages in addition to pain and suffering, mental anguish, disfigurement, disability, medical expenses, fringe benefits, retraining and lost enjoyment of life, and much more These damages are usually granted by a court or jury When formulating FELA damages, a judge or jury must consider the extent of the plaintiff's injuries as well as the permanent nature of the injuries as well as the suffering and pain caused by the accident A jury or judge can award substantial damages that can often be greater than the amount paid through workers' compensation Utilizing the services of a FELA lawyer to assist you with your claim could make all the difference in the amount you can recover These claims are not restricted like workers' compensation, and you can sue the employer directly The FELA also has a lower burden of proof than most personal injury claims FELA Attorneys A FELA attorney is an expert in railroad accidents and can help you obtain compensation for your damages Accidents caused due to defective equipment or unsuitable work conditions can trigger FELA claims You may also be able to recover damages for punitive damage in certain instances FELA is a federal law that, allows injured employees to sue their employers for negligence https//vimeocom/708690070 is in addition to filing for benefits under state-run programs for workers' compensation This law requires a person prove that the company was negligent and caused an accident that resulted in injuries It is essential to reach out to an experienced FELA attorney as soon as you've suffered an injury Most often, railroads have teams of claim agents and safety officers working against you to minimize the damage They may also try to get your witness statements or examine the scene of the accident, and review all facts in order to reduce their liability for your injuries They may also send a representative to the hospital to accompany you during your treatment This may also be done to prevent you from exercising your right of choosing your own physician These are just a few of the numerous ways railroads are liable for the damages suffered by employees under FELA The most important thing to do when filing an FELA claim is to show that the railroad was negligent, and that they were either partially or completely responsible for your injuries Negligence is defined as the failure to stop an accident from happening This could include not providing the safety of workers or not supplying the appropriate equipment and tools needed to complete the job in a safe manner or providing adequate training and support for the job You'll need to give an extensive explanation of the incident that led to your injuries This should include what happened and how it affected you and who was at fault Witnesses are crucial and you should save any evidence of video or photography available If you have witnesses, make sure to obtain their names and contact details as soon as you can following the accident Also, you should take any medical records, work clothing or other things that were in the railroad's possession at the time