Railroad Injuries Attorneys In 1908, Congress passed the Federal Employers Liability Act FELA to protect injured railroad employees and their families This law gives injured workers the right to sue their employers for damages in federal and state courts Because FELA is a complex set of laws, it is essential to employ a skilled railroad accident lawyer who knows how to present your case to get the maximum amount of compensation FELA Compensation Railroad injury lawyers can assist railway workers seek compensation for injuries, accidents or death in accordance with the Federal Employers' Liability Act This law, which is federal, allows injured workers to sue their employers in both federal and state court The FELA differs from the workers compensation system in that it allows a person entity to sue their employer for negligence or a violation a federal safety law The FELA was enacted in 1908 in order to protect and compensate railroad employees who are injured while on working Congress believed that the law would increase workplace safety by making railroads responsible for paying substantial compensation for accidents and deaths they cause Nearly every railroad employee, including train crew members mechanics, electricians repair people basic laborers and Clerical assistants are covered by the FELA This includes employees who work on interstate railways, which is a type that covers a variety of states A worker is entitled to compensation under the FELA in the event of a railroad accident however, it must be established that the employer was at least partly responsible for the injury The amount of compensation a railroad worker who is injured receives is determined by the severity of the employer's liability in causing the injury and also based on the doctrine of "comparative negligence" If you are a railway employee who has been injured in the course of work, it is important to know your rights under FELA Contact an experienced FELA attorney as soon as possible to discuss your situation and figure out what you can expect from the FELA claim process It is crucial to submit a full FELA report within 24 hours after an accident It is essential to give an in-depth description of the incident, including any witness reports and medical documents It is also a good idea capture photos of the scene as well as any machinery involved in the incident Fill in all forms accurately and completely when you file your FELA claim Be wary of the railroad's claims representatives and their lawyers who try to force you to fill out forms that are too general or unclear FELA Statute of Limitations The Federal Employers Liability Act FELA safeguards railroad employees and grants them the right to sue their employers in civil court, rather than through workers' compensation FELA allows employees to collect damages for future and past suffering and pain as well as for mental anguish, partial or permanent disability, and medical expenses FELA also reduces the burden of proof required to prove an action against a railroad FELA permits railroad workers who suffer injuries to prove that the railroad was negligent in any way This could be because of an unsafe condition of equipment or property or the act of another employee FELA also removes the defense of assumption of risks This allowed railroad companies to avoid responsibility for injuries through the claim that their employees had agreed to accept the risks involved in their job The law also prohibits contracts on liability and obliges employees to provide accurate information to investigators Contact https//vimeocom/708466306 if were injured or lost a loved ones in an accident Your union representative might be able of recommending lawyers who have the experience of representing railroaders and their families in FELA cases An experienced lawyer for railroad injuries can help you navigate every step of your case They will assist you in getting the best possible compensation and take care of your FELA case Your FELA attorney should also be able to explain the three-year statute of limitation that applies to most FELA claims The statute of limitations begins the date of an injury or accident and is extended if a worker develops occupational illnesses as a result of exposure to dangerous dusts or fumes It is important to note that the rule of discovery applies regardless of whether you've been injured or your family members have lost a loved ones due to an accident as a result of exposure to dangerous dusts or fumes These illnesses can take many years to develop following the initial exposure A FELA lawyer is required to be contacted immediately if you have been hurt in a railroad accident, or if you have lost a loved ones because of injuries caused by toxic substances used at work To ensure that you are in a position to recover the full money available under the law, it is important that you file a lawsuit within the three-year period of limitations FELA Damages You may be entitled to damages under the Federal Employers' Liability Act FELA if you were injured when working on a railroad The Federal Employers Liability Act FELA is more than a century old and was enacted to give workers a legal remedy in case of workplace-related injuries The FELA demands that railroads adhere to a reasonable level of care in relation to their employees and that they provide a safe and secure workplace This means that a railroad has to be accountable for providing employees with a safe place to work, the right tools and equipment, safety training, and adequate supervision This means that railroads have to adhere to safety rules Negligence can be proven by a railroad's failure to offer a safe environment for employees, failing to follow or enforce safety rules and breaking the railroad's own rules or a state law, and even failing to conduct an inspection in time of an employee's work area In addition, negligence can result from human error or track defects A FELA case is typically handled by an attorney with expertise in personal injury cases This is due to the fact that these kinds of cases require specialized knowledge of Federal statutes and case law that pertain to railroad injury claims FELA cases let you take on the railroad directly which isn't possible with workers' compensation This lets you receive more money than if your case were handled through workers' comp Damages in a FELA case could include loss of wages or income, pain, suffering mental anguish, and disfigurement along with fringe benefits, medical expenses and lost enjoyment of life These damages are usually determined by a judge or jury When calculating FELA damages the judge or jury must take into consideration the severity of the plaintiff's injuries, the long-term nature of the injuries and the suffering and pain caused by the accident The damages that are awarded by a judge or jury may be substantial, and often surpass what is paid through workers' compensation Using the services of a FELA lawyer to assist you in pursuing your claim can make a huge difference in how much you recover The claims are not restricted like workers' compensation claims , and you can sue your employer directly The burden of proof for the FELA is less than that for personal injury claims Attorneys for FELA An FELA attorney can help you obtain compensation for railroad-related injuries Accidents caused by defective equipment or unsafe working conditions can trigger FELA claims You could also be entitled to damages for punitive damage in certain instances FELA is a federal law that permits injured employees to sue their employers for negligence, rather than apply for benefits through state workers compensation programs The law requires that an individual prove that the company was negligent and that they caused an accident that led to injuries It is essential to contact an experienced FELA attorney as soon as you can after an injury To limit your losses railroads usually have teams of safety officers and claim agents who work against you They will also attempt to interview witnesses, investigate the accident scene, and review the facts in an attempt to minimize their liability for your injuries They may even send a representative to your hospital to stay with you throughout your treatment, and attempt to prevent you from exercising your right to choose your treating physician These are just a few of the numerous ways railroads are liable for employee's damages under FELA The key to filing an FELA claim is to demonstrate that the railroad was negligent and that they were at least partially or totally responsible for your injuries Negligence is a legal term which means that the railroad was accountable for your injuries due to the fact that they failed to take the necessary steps that could have stopped the accident from happening It could be due to a lack of a secure place to work, a lack of the appropriate equipment and tools or lack of training and support You'll need to give an in-depth explanation of the incident that led to your injuries, describing what happened, how you were injured and who was at fault It is essential to gather witnesses and save any photographic or video evidence If there are witnesses to the accident, you should get their names and contact information immediately Also, you should collect any medical records, work clothing and other items that were in the railroad's possession at the time of the accident