Railroad Injuries Law You may be entitled to compensation if you were injured in a train accident Depending on the circumstances, you may be able to claim damages for medical expenses as well as lost wages/income, disability, pain and suffering emotional trauma, or loss of a loved one An experienced lawyer for railroad injuries can prove that someone else is accountable for your accident You may be able to claim compensation for your losses FELA Federal Employers' Liability Act, also known as FELA safeguards railroad workers who suffer injuries on the job This law was passed in 1908 to provide railroad workers the legal right to sue their employers in the event that they were injured while working FELA also stipulates that railroads must provide a safe place to work This means that the railroad has an obligation to ensure that its tracks, equipment shops, offices and property are secure for all railroad employees You must prove that the defendant in your case, such as the railroad - failed to provide you with a safe work environment and that you were hurt The railroad's inability to exercise reasonable care is negligence, and you can recover money damages in the event that you win your FELA claim FELA allows employees to file a claim with the court within three year of the injury This is crucial since time passes and evidence could be lost A seasoned FELA lawyer can help determine whether you have a valid case The lawyer can also help determine the amount of money yours FELA claims are typically filed directly with the railroad company, but they can be filed in federal or state court as well A FELA lawsuit can be a complex process It is important to have a reputable attorney with you to protect your rights Occupational Diseases Workers who are injured working in the railroad industry may be entitled to compensation under FELA the Federal Employers Liability Act FELA covers worksite accidents and also allows employees to seek compensation for illnesses and illnesses that have developed over time due to their employment There are many causes of occupational diseases However, most often they are the result of exposure to harmful substances or the work environment Certain of these conditions are well-known, such as asbestos-related cancers and carpal tunnel syndrome But, others are mostly undiscovered Asbestos-related lung disease and other respiratory conditions are a common problem for railroad workers These conditions can cause breathing problems and make working more difficult and can result in a decline in productivity and higher costs for the company Hearing loss is a common condition among railroad workers It can be a consequence of frequent exposure to industrial noise or as a normal part of ageing Some occupational musculoskeletal disorders include carpal tunnel syndrome, trigger finger and epicondylitis These are extremely painful and can be debilitating, but are usually manageable The most severe injuries can cause death These cases should be examined and reviewed by a lawyer who is specialized in FELA law In contrast to injuries caused by workplace accidents, like broken legs or a traumatic brain injury, an employee must prove that his condition was a direct result of his job The employee must also prove that the condition is not due to any other factors In addition to medical evidence employees must prove that his or her illness resulted from an injury that occurred at work , and that the link between the injury and the disease is well-known in medical research This is to ensure that a claim for workmen's compensation will be successful Sickness Benefits Railroad workers who get injured while working can avail various benefits These include medical expenses such as sickness benefits, additional sickness benefits, and disability annuities These benefits are administered by the RRB There is also the Federal Railroad Medicare program, which provides basic hospital insurance that is funded by payroll taxes It also provides the option of supplementary medical insurance to railway workers who do not have health insurance through their employer like through the RRB Sickness benefits are paid on any day you are not able to work due to an on-the-job injury or illness These benefits are available for a limited duration based on the number creditable months you have and the extent and nature of your disability You may be eligible for a total disability insurance plan if you are completely disabled from working in any occupation or have less than 120 creditable years but more than 240 This type of disability is similar to the medical requirements as Social Security Disability However you aren't required to be able perform any replacement job Supplemental sickness benefits are paid for the same period of time as regular sick and unemployment benefits provided that the employee earns no salary, wages or sick pay from any railroad or nonrailroad work during the period he or she is eligible to take advantage of them The employee is required to complete an Application for Sickness Benefits and then have their doctor fill out the Statement of Sickness form It is a good idea when you're injured on the job to submit a claim as soon after the incident The greater your chances of receiving an adequate settlement, the more details you can provide about the incident It is also important to take photographs of any injuries or damage that you've suffered Medical Care If you're an engineer, conductor or maintenance worker, you should seek medical attention as soon as you notice an accident Moreover you have the right to visit any doctor you'd like to visit and not just the one that is chosen by the railroad You should also keep detailed documents of any injuries you sustain in order to keep them in the future Keeping these detailed notes is crucial to your case because they may be used as evidence if you are ready to take the railroad to court The Federal Employers Liability Act FELA protects most railroad workers and allows them to sue their employers for any damages caused from workplace accidents and diseases It is sometimes difficult to navigate the FELA and it is crucial to have an knowledgeable FELA attorney on your side You should discuss your options regarding medical treatment with your FELA Designated Legal Counsel as early as possible following any workplace injury https//vimeocom/708712060 should include determining what type of medical insurance are covered under which facilities and doctors are the most suitable for your treatment, and also how and when your medical bills will be paid Many railroad workers are covered by some type of health insurance They are priced differently and provide a range of options for coverage These could be HMO's, or PPO's that provide various providers and doctors, but have deductibles and percentage pays or private hospital association plans that offer less out of pocket costs and no lifetime caps It is vital to keep accurate records regarding the treatment you received and any expenses once you have received the medical care you require These records should contain a full report of the accident, a written statement from your medical providers and any other documentation about your treatment that your physician thinks is essential Representation Railroads are a tangled industry with a variety of dangers These accidents can result in serious injuries for both passengers and workers These accidents can also cause emotionally and financially devastating trauma for the families of victims If you're a passenger, conductor or railroad worker It's crucial to know that you are entitled under state and federal laws to pursue compensation from a negligent train operator or company A skilled, knowledgeable railroad injury lawyer can help you to know your options and pursue justice If you are injured in a railroad accident it is imperative to seek legal representation immediately Workers' compensation benefits may be available to you, but they are often not enough to cover your medical expenses, lost wages, suffering and pain You may be able claim additional damages from your employer under FELA which was a law passed in 1908 that safeguards the majority of railroad employees However, these claims require a lot of knowledge of law and legal expertise to successfully pursue Your FELA lawyer will be able to explain 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 Another type of compensation that your FELA lawyer might be able to pursue is non-economic damages These damages are based on the standard of living and include things like your future earning capacity, the loss of enjoyment of your current lifestyle, and mental stress If you are a train passenger or railroad employee, getting the compensation you deserve is essential for your recovery These and other damages may be pursued in civil litigation by an experienced railroad injury lawyer