How to File a Railroad Injuries Claim If you've been injured on the job while working for a railroad company, then you could be eligible to claim compensation under the Federal Employers Liability Act FELA While it's not as comprehensive as the typical Illinois workers' compensation laws, FELA protects railroad workers and can pay more than state workers' compensation benefits In a FELA case, damages include past and future medical expenses, lost wages, pain, suffering, permanent disability, and emotional distress Your damages are determined by a number of factors which include whether or not the railroad can prove that you contributed to your injuries Proving Negligence Generally speaking, to win a case involving a railroad accident, an injured worker must prove that their employer was negligent and that their negligence caused or contributed to the injury This can be done in the majority of cases by showing that the employer did not to provide safe working conditions equipment, methods, or conditions This could include oil and debris that causes slip and fall hazards, or a deficient locomotive, railcar or track switch that could cause a train crash Another scenario could be that the employer did not conduct regular inspections of their workplace or provide adequate training The process of proving liability is a complicated process and may take several months or even years It is crucial to speak to an attorney as soon following an accident as possible Be aware that FELA laws have lower burdens of evidence than personal injury cases This is due to the fact that the job of a railroad worker involves dangerous risks which require employers to take extreme precaution and care After the negligence has been proven, the plaintiff may bring a lawsuit in order to seek compensation for medical expenses, lost earnings and other costs It is essential to gather and show evidence of the railroad's fault for the injuries, and an experienced FELA attorney can provide crucial support throughout your case Neglecting to take action is similar to ignoring any legal decision You will need the help of a skilled lawyer to win your case It is also essential to act promptly after an incident at work as evidence fades over time Additionally the amount of fault railroaders may affect the amount of damages awarded The amount of fault assigned to a railroader is typically proportional in value to the claimant's total losses This is known as modified comparative negligence, and it can have a major impact on the amount of compensation granted in the case of a FELA lawsuit A jury will allocate damages based on the percentage the fault they determine If the jury determines that the percentage of fault is too excessive, it will reduce the total compensation The jury can reduce the amount of fault if the accident is less severe However, the claimant will still be able to receive their full damages FELA If you're injured working for a railroad, you may be entitled to compensation under the Federal Employers Liability Act FELA While you may file a workers' compensation claim with a state agency, a FELA lawsuit requires more evidence of negligence on the part of the railroad or its employees FELA was established to make railroad companies accountable for providing their employees with safe working conditions This includes safe vehicles, safe locomotives, appliances, tools and safe working spaces FELA also requires the railroad to use reasonable safety measures to prevent injuries, no matter if they happen in the work area or on the job site If you suffer an injury on the job it is essential to report the injury immediately to your employer In the absence of doing this, it could cause a lack of evidence should you decide to pursue your case lateron, since witnesses could forget specifics and evidence may fade with time It is essential to get in touch with a seasoned FELA attorney immediately after you have been injured while working The attorney will investigate the accident scene and equipment, read the medical reports you have submitted and speak with your treating physicians, and help you prepare your first FELA case In a typical FELA case the damages could include the loss of earnings and benefits; out of pocket medical expenses or pain and suffering; disfigurement, disability; economic loss to your family members if you die; and any permanent impairment Railroad workers who suffer injuries can often face substantial damages in the event of losing their jobs or careers Even even if an employee is a part at fault for their injuries, they still have the right of compensation under FELA In fact, FELA claims are typically easier to prove than standard workers' comp cases A FELA attorney will be in a position to prove that the railroad company breached a federal safety law, regulation, or standard These laws and regulations usually are those that were enacted by the Occupational Safety and Health Administration OSHA, the Federal Railroad Administration, or the Boiler Inspection Act These violations have a direct effect on the amount due to the injured employee in their FELA settlement This could lead to a reduction of a railroad worker’s Railroad Retirement Board pension This could have a major impact on the family If you're an employee of a railroad who has suffered an injury at the workplace, you must speak with an experienced FELA lawyer regarding your rights to compensation as quickly as possible after you have been injured Damages There are many factors that determine the amount you are entitled to in the event of railroad accidents This includes your past and future loss of wages medical expenses, permanent disability or disfigurement pain and suffering, and mental stress In addition to compensation for injuries Additionally, you may pursue punitive damages in order to punish negligent parties and force them to pay more These penalties are based upon a variety of factors, including the extent of your injuries or the inability to provide safe working conditions for you The medical reports of your doctor and the testimony at trial are important factors in determining the worth of your railroad injury claim The more clearly your doctor connects the incident at work to your diagnosed medical condition, the more difficult it becomes for the railroad to diminish the value of your claim by saying that you were not entirely responsible or the injury was not caused by your employer It is crucial to seek immediate medical attention and document your injuries with photographs and copies of accident reports A lawyer who specializes in railroad accidents can assist you in understanding the law and how it can be applied to your particular case It is important to be aware of the fact that railroads have an entire team of claims agents investigators, attorneys, and doctors whose task is to limit your financial losses This means that you must to employ an experienced Federal Employers Liability Act FELA attorney to even the playing field FELA is different than workers' compensation, in that you have to prove that the railroad caused your injury Additionally, FELA allows the doctrine of comparative negligence to apply This means that railroad workers can be awarded monetary damages even if they were partially negligent Time Limits You need to be aware that railroad employees are subject to time limitations when filing claims You need to submit your claim within three years of the date of your accident, since this is the deadline established by FELA FELA is a federal law created to protect railroad employees from injuries sustained in the workplace and even death Railroad employees can sue their employers for the loss of wages and pain, mental anguish and other damages under FELA https//vimeocom/708465942 must prove that the railroad was at fault for your injuries to file a case under FELA This is a complex procedure and requires an experienced lawyer with experience with FELA cases to assist you in making an informed decision Be aware that railroads could try to discredit or discredit you if your on-the-job injuries are disclosed It is crucial to consult with your union representative as well as an experienced FELA attorney to ensure your rights Another issue that could arise is the railroad's effort to block you from returning to work once you have been cleared by your physician to return to your former job This is not only illegal, but it also is in violation of the whistleblower statute The railroad's claims department and medical agents are trained to tackle injuries whenever they arise, attempting to obstruct or reduce the worker's claims for compensation This is often done by urging the worker to see a specific medical professional within the company, who they feel is a good fit for the claim or by making it difficult for the employee to get medical treatment To show that the worker has not suffered serious injuries the railroad can employ private investigators to secretly document their actions This is not common however it has happened in the past and can occur when the railroad does not believe that the employee is actually injured or does not think they'll be able to win their case