Railroad Injuries Attorneys Congress passed the Federal Employers Liability Act in 1908 to safeguard railroad workers injured by accidents and their families This law permits injured employees to bring claims against their employers for damages in federal and state courts Because FELA is a complex set of laws, it is critical to employ a skilled railroad accident lawyer who knows how to craft your case to maximize compensation https//vimeocom/708916505 can assist railroad workers seek compensation for an injury or death under the Federal Employers' Liability Act FELA This is a federal law which allows injured workers to sue their employers in federal and state court The FELA is different from the workers' compensation system in that it allows a person to sue an employer for negligence or a violation of a federal safety statute The FELA was passed in 1908 to safeguard railroad employees from compensation if they are injured while on working Congress anticipated that this law would improve safety at work by demanding that railroads pay significant awards for injuries and deaths that they cause The majority of railroad employees that works on trains, such as crew members mechanics, electricians repair people, basic laborers and clerical assistants are covered under the FELA This includes workers who work on interstate railways, which is a type that runs across several states While a worker can seek compensation for an injury sustained by a railroad under the FELA and FELA, it must be proved that the employer was at least partially responsible for the injury The amount of compensation a railroad injured worker receives is determined by the extent of the employer's negligence in causing the injury, and it also follows the principle of "comparative negligence" It is essential to understand your rights under FELA when you are a rail worker who is injured on the job Contact an experienced FELA attorney as soon as possible to discuss your situation and determine what you can expect from the FELA claim process It is imperative to file a complete FELA report within 24 hours of an accident It is crucial to provide the full details of what happened, including any medical or witness reports that you have It is also an excellent idea to capture photographs of the place and equipment involved in the incident as well When filing your FELA claim, be certain to fill out the forms completely and accurately Be wary of the railroad's claims representatives and their lawyers who will try to convince you to fill out forms that are either too general or too vague FELA Statute of Limitations The Federal Employers Liability Act FELA safeguards railroad employees and allows them to sue their employers in a civil court , rather than through workers compensation Employees can seek damages for future and past suffering mental anxiety, permanent or temporary disability and medical expenses under FELA FELA also lowers the burden of proof needed for an action against a railroad Under FELA, injured railroad workers have to prove that the railroad was negligent in any way, whether that was due to a defect on property or equipment or through an act of carelessness by a different employee FELA also eliminates defense of assumption of risks This allowed railroad companies to avoid liability for injuries, claiming their employees had accepted the risks involved in their job The statute also prohibits contracting over liability and obliges employees to provide accurate information to investigators Contact a lawyer if were injured or lost a loved one in an accident Your union representative may be able of recommending lawyers who have prior experience representing railroaders as well as their families in FELA cases A lawyer for railroad accidents will guide you through each step of your case They will know how to manage your FELA claim and will know how to obtain the highest compensation you can get Your FELA attorney should be able to explain the three-year statute that applies to the majority of FELA cases This time limit begins at the date of an accident or injury and is extended in the event of occupational diseases as a result of exposure to hazardous dusts or fumes It is important to remember that the discovery rule is applicable even if you've been injured or your family members have lost a loved ones due to an accident due to exposure to hazardous dusts or fumes This is due to the fact that these illnesses may take years to develop after exposure A FELA lawyer should be contacted immediately if you've been injured in a train accident, or if you've lost a loved one due to injuries caused by toxic substances used at work To ensure that you are successful in recovering the maximum amount of legal compensation available, it is important that you file a lawsuit within the timeframe of three years of limitations FELA Damages You could be entitled to damages under the Federal Employers' Liability Act FELA in the event that you were injured when working on the railway The Federal Employers Liability Act FELA is more than a century-old and was created to provide workers with an option to pursue legal remedies in the event of workplace injuries The FELA requires that railroad companies adhere to a reasonable level of care with respect to their employees and that they provide a safe and secure workplace Railroads must provide safe working conditions, proper tools and equipment, training and supervision for their employees This means that railroads must abide by safety regulations Negligence is proven by a railroad failing to provide a safe working environment, or failing to enforce safety regulations, in violation of state or federal laws or rules, or failing to inspect the work environment of employees promptly In addition, negligence can result from human error or track defect An attorney with experience in personal injury cases is usually competent to submit an FELA case These cases require special knowledge of Federal statutes and case law in relation to railroad injury claims In contrast to claims for workers' compensation, FELA cases allow you to take on the railroad directly This lets you collect more money than if the case was handled through workers' compensation Damages in a FELA case could include loss of wages or income, pain, suffering mental anguish and disfigurement, along with medical expenses, fringe benefits and loss of enjoyment of life These damages are usually awarded by a jury or court When formulating FELA damages A jury or judge must consider the extent of the plaintiff's injuries, the long-term nature of the injuries, as well as the pain and suffering caused by the accident The damages that are awarded by a judge or jury can be substantial, and often exceed the amount that is paid out through workers' compensation The use of a FELA lawyer to help you in pursuing your claim can make a big difference in the amount you can recover These claims aren't restricted like workers' compensation claims and you can also sue the employer directly The FELA also has a lower burden of proof than most personal injury lawsuits FELA Attorneys A FELA attorney is an expert in railroad injuries, and they can help you receive compensation for your injuries Accidents caused by defective equipment or inadequate working conditions can lead to FELA claims In certain instances you may be eligible for punitive damages FELA which is a federal law permits injured employees to sue their employers for negligence This is in addition to claiming benefits through the state's workers' compensation programs This law requires that one prove that the company was negligent and caused an accident that resulted in injuries It is essential to contact an experienced FELA attorney promptly following an injury To minimize the damage railroads typically have teams of safety officers and claim agents working against you They may also listen to your statements as witnesses, investigate the accident scene and look over the facts in an attempt to minimize their responsibility for your injuries They might even send a representative to the hospital to be there for you during your treatment, and they may try to stop you from exercising your right to choose your treating doctor These are only one of the many ways railroads are liable for damages suffered by employees in accordance with FELA The key to filing an FELA claim is to prove that the railroad was negligent, and that they were partly or completely responsible for your injuries Negligence is defined as the inability to prevent an accident from occurring This could be a absence of a safe area to work, a deficiency of the right equipment and tools, or a lack of training and support You'll need to provide an extensive explanation of the incident that led to your injuries This should include the circumstances, how it affected you and the people involved It is important to have witnesses and keep any photographic or video evidence If you do have witnesses, you should be sure to collect their names and contact details as soon as you can after the incident Also, gather any medical records, work attire and other things that were in the custody of the railroad at the time of your accident