Railroad Injuries Compensation If you're railway worker, your rights may be protected by the Federal Employers Liability Act FELA A successful FELA claim can pay for medical expenses, lost wages, and pain and suffering Injuries to railroad workers are not uncommon, and can have lasting effects on the body https//vimeocom/708914358 can also cause serious negative financial and life-threatening effects FELA You may be eligible for financial compensation under the Federal Employers Liability Act FELA If you're an employee or surviving relative of a railroad company who has been injured at work You may be eligible for compensation for the past or future suffering, mental distress or loss of companionship To bring a claim under FELA you must show the employer was negligent in the causing of your injuries This standard is lower than what you'd have to prove in a standard personal injury lawsuit, and is often referred to as a "featherweight" burden of proof Under FELA, railroad companies are required to provide a safe and secure workplace for their employees in every situation and at all times They must comply with safety standards set by federal and state laws If you suspect that your injuries were caused due to negligence by the railroad, seek medical attention right away This is vital because the sooner you are treated for your injuries, the less severe they'll be After you've received the treatment you require after which you should seek out an experienced FELA lawyer to guide you through the process Legal counsel can help you get the money you need and increase your chances of winning a case against the railroad company Another reason to have designated counsel is the fact that there exist certain time limitations to file a claim under the FELA The majority of claims cannot be filed within three years of the date of injury If you or someone you love was injured at the workplace, it is important to discuss your options with an experienced FELA attorney as soon as you can These lawyers can help you navigate the legal process, explain all your rights, and help you determine whether you are in the right position Federal law FELA covers all employees of interstate railroads, as well as anyone who works on railroad property It provides a higher level of financial compensation than conventional workers who are not railroaders, and is designed to encourage railroad companies to adopt measures to ensure their workplaces are safe Occupational Safety and Health Administration OSHA The Occupational Safety and Health Administration is a federal agency It was established by Congress in 1970 to reduce the risk of occupational injuries and illnesses Its goal is to protect workers' rights by ensuring secure working conditions and providing education, training, and outreach OSHA is an agency for regulating This means that employers are required to abide by its rules Employers who violate OSHA rules can be punished or fines OSHA inspects industrial facilities in the United States, in addition to enforcing OSHA standards These inspections may be as a result of significant workplace accidents, multiple worker hospitalizations, worker complaints , and referrals, as well as other issues that threaten the safety of workers Depending on the location of the industrial facility, OSHA will issue warnings or citations to employers not in compliance with the law and guidelines it sets OSHA also provides grants to employers to help with costs such as safety equipment and training OSHA works in partnership with employers, unions, and other stakeholders in the development of standards and requirements that can be applied to specific workplaces These standards and requirements are result of studies conducted in the workplace along with input from technical experts Employers must follow these standards and requirements to minimize or eliminate workplace hazards and to prevent injuries and illnesses Employers should also educate their employees on how to spot and report hazardous situations, as well as how to take precautions to avoid accidents As OSHA regulates the majority of private sector businesses and their employees, it applies its standards to a wide range of industries It does not regulate employees who are self-employed or working for family members who have no other jobs Railroad workers are among those most susceptible to illness and injury in the United States, with a fatality rate nearly twice that of other workers Because their jobs require workers to work for long hours, do strenuous activities, and are physically demanding, this is why they are vulnerable Despite technological advances that have reduced the amount of workplace deaths, railroad injuries still pose a serious threat for workers' lives Railway Workers' Compensation Act RWP Railroad workers are entitled to claim compensation for work-related injuries and illnesses under the Railway Workers' Compensation Act RWPA It applies to all railroad employees, excluding those who work on the property of their company or interstate companies The law permits injured or fatally injured employees to recover damages for their mental, physical and emotional suffering as well as other non-economic losses This includes lost wages, medical expenses as well as rehabilitation and rehabilitation It also includes intangibles such as mental anguish or reduced quality of life The most significant difference between workers' compensation and FELA is that injured workers have to demonstrate that their employer is the one to blame for the accident Workers' compensation benefits are not automatically available to them This is important because workers may not have the evidence to show that their employer caused the injury Therefore, workers are not eligible for workers' compensation benefits Another major difference the two types of cases FELA and workers' comp is that FELA cases are typically decided by juries, while workers' compensation cases are generally resolved through a settlement with the employer This is due to the fact that FELA is a strict liability law which means that the injured worker must prove that the negligence of their employer was the sole cause of the accident These cases can be extremely complex and challenging, so it is recommended to hire an expert attorney who is familiar with these types of cases It is essential to speak with an attorney as soon as you or someone you are caring for has been injured working in the railroad sector A bill was introduced by Congress to tighten rules for freight trains that transport hazardous materials This follows the derailment that occurred in December 2017 on the Norfolk Southern train Railroads would be required to develop emergency response plans and inform the state emergency commissions whenever a train carries hazardous material It will also increase the maximum fine a railroad could face for safety violations to 225,000, which is now one percent of its annual operating income Statute of Limitations Federal Employers Liability Act FELA is a law that provides railroad employees with legal grounds to obtain compensation for illnesses or injuries that resulted from the negligence of their employer FELA is not worker’s compensation Instead of state workers’ compensation laws, employees must prove that the railroad acted negligently or recklessly and caused their injury Railroad claims are subject to a three-year statute of limitations that begins from the date of injury Failure to file a claim within this time frame will result in your case being dismissed and you could not receive compensation for your injuries Many injuries and illnesses that happen on the railroad are a result of long periods of time Cancers that result from exposure to toxic chemicals such as asbestos or diesel fumes, as well as creosote are not likely to develop until decades after the railroad worker was exposed This is the reason the time limit for these types of cases is not set until the employee has been diagnosed with an injury or illness which was caused by his work duties This could be, for instance the case of an employee who was diagnosed with lung cancer in the year 2015 but was recently diagnosed with acute myeloidleukemia The statute of limitations for occupational ailments is not in effect until an employee of an railroad has been diagnosed with a condition and it is clear that negligence on the part of the railroad caused the development of the disease This rule applies to lung cancer, lung fibrosis, as well as other asbestos-related diseases Railroad workers are vital because the Statute of Limitations ensures that they will be compensated for their injuries if they are sued for negligence It also ensures that evidence isn't lost over time Railroads are legally required to inform injured employees within a specified period of time after an accident occurs