How to File a Railroad Injuries Claim You could be eligible to claim compensation if or someone you love has been injured in an accident on the railroad This can be done in either a state or federal court The Federal Employers Liability Act FELA allows railroad employees to sue their employers for injuries that result from safety violations or unsafe working conditions This law is unique to the federal level and has helped tens to millions of people recover their losses FELA The FELA is a federal law that protects railroad employees who are injured or killed while on the job They are exempt from state workers' compensation laws and allows them to sue their employer for damages they incur because of their injuries The time-limit for filing a FELA claim is three years from the date of injury, however it can take longer for a worker to discover an injury or believe it was due to work Railroad employees who do not submit a claim within the specified time frame is likely to lose their case FELA does not require you to prove negligence on behalf of the employer All you have to do is show that they violated a safety regulation or statute This eases the burden of the burden of proof and makes it easier to prove the liability It also eliminates the defense of assumption, which is another bar to recovering It is important to have an attorney in your corner with previous experience handling these types of claims Attorney Shawn Carey has a reputation for going to trial in cases and is well-versed in the nuances of FELA claims He can demonstrate that the railroad did not provide a safe space to work If necessary you need to, he will maximize your compensation through the settlement or trial The Carey Firm can help you and your loved ones if you have been injured in a railroad accident Contact us now to schedule an appointment for a free consultation The firm represents railroad workers in FELA claims and has more than 20 years of experience in helping them pursue compensation for their losses FELA is a useful legal tool that can assist to maximize your settlement for injuries or the loss of loved ones To ensure that you receive the most compensation for your losses or injuries it is crucial to speak with an FELA lawyer as soon as you have an accident FELA is a different type of workers' compensation It requires you to prove that the employer was negligent in the incident It isn't always easy to prove especially if you were not in the presence of witnesses It can be a challenge to prove that the employer failed to provide a reasonably safe workplace environment It is crucial to talk to an experienced FELA attorney to assist you in overcoming these challenges and maximize the value of your claim Negligence Railroad workers can submit an FELA claim against their employer when they suffer injuries on the job FELA is a different kind of workers compensation It will cover any death or injury caused by negligence on the part of railroad companies In order to succeed with a FELA injury claim the plaintiff has to prove that their railroad's employer was negligent and that their negligence was the cause in causing their injury This is a difficult standard to prove , and one that many FELA attorneys fail to properly argue In order to successfully pursue a FELA injury claim, it's important to have a seasoned FELA attorney on your side A competent attorney can help you "make your case" against negligence from your employer as the primary cause of your injuries A lot of railroads try to conceal or destroy evidence that suggests negligence on the part of their employees It is important to have a seasoned FELA lawyer on your side to help you find the evidence you require Another major aspect in a FELA claim is the level of fault that is involved If you are found to be at fault for your injury then you will receive a reduced compensation However, you can still receive full compensation when the railroad was negligent or played a significant role in the cause of your injury Railroad workers can also file a claim against the manufacturer of the defective track or train component that caused their accident This is particularly true if an accident is caused by a mechanical failure https//vimeocom/708712060 can be because of an element of the railroad track that is not maintained or is defective Damages If you've suffered injuries in an accident on the railroad or while working with trains and trains, you are entitled to compensation You are entitled to damages for medical expenses, lost wages, and permanent disability You are also entitled to compensation for pain and suffering, emotional distress and loss of enjoyment In order to be able to recover under FELA in order to recover under FELA, you must prove that the railroad owed you a duty to provide a safe environment of work and that it breached this obligation This includes the obligation of the railroad to ensure that its cars, locomotives, appliances and machinery are free of hazardous conditions or hazards It also includes ensuring that workers have access to equipment and tools In the immediate following an accident involving an employee of a railroad it is common for the claim agent and the attorneys of the company to immediately begin working to lessen the value of the victim's case The ability of the railroad to assert any contributory negligence or other defenses could reduce the value of the case and the railroad is likely to be held liable for all damages awarded by a jury It is essential that the worker submits all facts to his attorney This could include any risky or hazardous conditions that might have been present at the time of the incident, such as oily residues in the locomotives or other equipment After you have provided the information to an attorney, they will determine what damages you may be able to recover These include economic damages, such as medical bills and lost wages and also non-economic damages like pain and suffering The amount you are able to claim depends on the severity of the injury as well as the statute of limitations in your state In the majority of circumstances, a claim has to be filed within three years after the incident Infractions to this deadline could result in the denial of your claim, and losing any compensation Time limit The Federal Employers Liability Act FELA, which establishes a three-year statute of limitations for railroad injury claims, imposes a three-year limit on filing claims Failure to make a claim within the deadline could result in your inability to obtain compensation for your injuries FELA compensates injured workers for damages that are greater than the workers portion of their compensation FELA compensates injured workers for their suffering, pain loss of quality of life and future medical expenses If you're killed in an accident at work, this could cover medical expenses, rehabilitation, lost wages, funeral expenses and funeral expenses FELA is a good option for catastrophic injuries , such as spinal cord injuries and traumatic brain injuries It will cover your long-term health care costs and also your lost income When determining the time when the FELA statute of limitations starts and expires, courts consider various factors that could affect the time frame If you were unable to seek treatment due to stress-related work-related causes, this delay is able to be removed from the three-year statute Another key consideration is the way you recognize an illness or injury and when it first starts to affect your quality of life A lot of these kinds of injuries and illnesses develop over time through repeated trauma or exposures within the workplace You should seek medical attention immediately after an accident An early diagnosis can aid in determining the opinion of the railroad and its insurers regarding your situation It is crucial to record the amount of time you're absent from work due to injury, the treatment you need to receive, and when you will return This information will assist your attorney later in the process of the evaluation of your claim The three-year FELA statute of limitations is identical to the state law time limit for personal injury claims in Tennessee Therefore, it's essential to have your railroad accident claim filed within the time frame A knowledgeable attorney can assist you to collect all damages