Railroad Injuries Compensation If you've been injured in a railroad accident, you may be entitled to compensation under the Federal Employers Liability Act FELA This law provides injured workers with financial recovery for their medical expenses, lost wages , and pain and suffering A successful FELA claim requires proof that the employer was negligent in any way This means that the company did not adhere to safety regulations or made unreasonable demands on the worker The FELA Statute of Limitations Railroad workers who have been injured on the job may be capable of suing their employers under the Federal Employers' Liability Act Congress created the Federal Employers' Liability Act FELA in response to the high number of rail accidents, and to encourage uniform equipment standards To claim compensation under FELA you must prove that your employer acted negligently This could include a negligence in following safe procedures or an infraction to the law of the state or federal government regarding the maintenance or inspection of locomotives Under FELA, an employee has three years from the time that they were injured or diagnosed with an occupational disease to file a lawsuit The time limit can be extended for injuries that are caused by toxic exposure It is crucial to understand that railroads often try to avoid their obligations to injured workers by refusing or minimizing information that would be useful in a FELA lawsuit A person who has been injured should fill out the appropriate accident report form supplied by the carrier and answer questions specific to the incident that led to the injury FELA claims are usually rejected or reduced if an injured employee fails to carefully fill out these forms or does not fully understand the questions that are asked An experienced FELA lawyer can assist you to with these issues and make a the difference in whether your claim succeeds or fails to be compensated The speed at which you communicate with an attorney may also affect your claim If you don't talk with an attorney promptly it is likely that the statute of limitations will expire and you are exempt from making claims A knowledgeable FELA attorney can assist you to determine if your claim should be subject to a three-year limitation period The lawyer will be able to inform you of what steps to take after an accident to ensure that your claim is protected and maximized Medical Treatment When you are injured while working for the railroad, your employer is not only obliged to provide medical treatment under the FELA, but also to pay all the associated expenses Railroad employees can suffer problems as a result of work-related injuries The main concern that railroad workers have is whether or the railroad will have control over their medical treatment They are concerned that the railroad may choose their doctor and authorize their treatment under FELA however this is not necessarily true Although you should contact your insurance company for details about your coverage, your agent or case manager should not direct you to any physician or medical facility Instead, be your own advocate and seek out the most exemplary treatment for your injuries If you've been injured It is vital to keep track of all medical expenses and treatments that you have received This will be useful when evaluating your claim in the future Discussing with your doctor the best method to treat your injuries is important Your doctor may advise you to seek out immediate medical attention from a clinic or hospital Once you've been admitted to the hospital, your doctor will perform an MRI or other tests These tests are used to determine the severity of your injury as well as determine your recovery time Your doctor may recommend surgery to repair any injuries or fractures found on your MRI Although this can be an intimidating procedure, it is vital to your physical and mental well-being Your doctor may suggest counseling or therapy to help you cope with the consequences of an accident These therapies are essential for your recovery However, it is not a good idea to do this if you don't talk to your attorney first It is essential to keep track of the medical expenses you incur after you've been injured This includes any co-pays or deductibles This will be helpful when you are evaluating your case in future You should not settle your case if your medical bills exceed the FELA coverage Lost Wages The Federal Employers' Liability Act FELA provides railroad employees with protections that are unique and permits them to file lawsuits against their employers for damages This includes compensation for lost wages as well as medical expenses as in addition to pain and suffering The FELA was passed in 1908 to protect workers and their families from hazardous working conditions in the workplace The most frequent type of compensation in an injury case involving railroads is lost wages, which refers to the amount of money that an injured worker would have earned if they were still working This includes commissions, salary and tips, bonuses and any other wages an employee may have earned An attorney will first work with the employer to reach an equitable settlement for the railroad worker who has been injured Mediation or arbitration are two methods that can be employed to reach an agreement between the parties It is also possible to bring an action in court, though the process is typically much longer than for state workers compensation claims The jury decides the amount of compensation that should be paid out when the case goes to trial In general, an injured worker is entitled to 100 percent of their lost wages This may vary based on the particular case A worker injured in an accident can seek compensation for intangibles , such as suffering and pain, emotional distress or diminished quality of living and other intangibles For instance, a railroad employee who is totally disabled because of a work-related accident can claim compensation for their past and future lost wages, as well as the current cash value of their income lost They can also claim compensation for any accumulated medical bills related to their claim Railroad employees who are incapable of working for a prolonged period of time can also obtain compensation through unemployment benefits These benefits are offered by a majority of states and provide the majority of the of the loss in wages for an injured worker if they are off work for a long time Damages Railroad workers are often hurt when they are involved in accidents on the job These accidents can have severe, life-altering consequences and can even cause death Fortunately the Federal Employers Liability Act FELA protects railroad employees who have been injured in work-related accidents FELA differs from workers' compensation due to the fact that it permits railroad employees to claim damages against their employers caused by negligence of their employers This law was passed by Congress to ensure that railroad workers are treated fairly in the event of workplace injury The damages in a FELA suit are greater than those under workers' compensation These damages include earnings and benefits lost, pain, suffering and disability disfigurement, future medical expenses and much more It is essential to have a reputable attorney by your side throughout the process of filing an FELA claim A seasoned FELA lawyer will be familiar with the law governing railroad injuries and will be able to present the evidence needed to receive the highest amount of damages If you have been injured in a railroad accident, you must respond quickly If you don't act, your claim will be ruled out by the FELA statute of limitations Also, ensure that your supervisor files an official report of the incident This will help your case by showing that the railroad was accountable for the accident Be aware that railroads will always try and convince you that they are not responsible for your injuries, by asking questions or providing inaccurate reports https//vimeocom/708468363 is crucial that your doctor evaluates your injury The railroad is often able to reduce your claim value by asserting that your injury was not caused by the train accident, that you were not treated for your injuries properly or that you faked the accident Your employer is not your ally when it concerns your injury claim It is imperative to have an experienced attorney on your side to make sure you receive the maximum amount of compensation for your injuries For cases involving long-term, serious injuries, it is particularly crucial to have an attorney on your side