How to File a Railroad Injuries Claim Federal Employers Liability Act FELA may be applicable if you have been injured working for a railroad company Although https//vimeocom/708048716 from the regular Illinois workers' comp laws, FELA protects railroad workers and can provide more money than state workers’ compensation benefits Damages in a FELA case can include past and future medical expenses and lost wages, as well as pain and suffering, permanent disability, and emotional distress The value of your damages is contingent on a variety of factors including whether the railroad can prove that you contributed to your injuries Proving Negligence In order to prevail in a railroad accident case the injured party must prove that their employer was negligent, and that the negligence caused the injury This can be done in most cases by proving that the employer failed provide safe work conditions equipment, procedures, or other safety measures This could include debris and oil that cause slip and fall hazards, or a malfunctioning locomotive, railcar or track switch that could cause a train crash Another instance could be the inability to check the workplace on a regular basis, or to provide adequate training The process of proving liability is a complicated procedure that can take months or even years It is important to speak to a lawyer as soon after an accident as you can It is also important to remember that FELA laws make the burden of proof to be lower than in normal personal injury cases Railroad workers are exposed to dangers and employers must exercise extreme caution Once the negligence is proven If the negligence is established, the plaintiff is able to proceed with the lawsuit to recover the cost of medical bills loss of wages, medical bills, and other expenses It is crucial to gather evidence to prove the railroad's responsibility for the accident and a skilled FELA attorney will provide crucial assistance throughout your case Like any other legal issue the negligence of a victim is a difficult matter that requires a skilled lawyer's help to win your case It is crucial to act promptly after an accident at work because evidence fades as time passes The fault of a railroader can affect the amount of damages that are awarded The amount of fault usually varies according to value to the claimant's total losses Modified comparative negligence is well-known and can dramatically impact the amount of compensation awarded in an FELA case A jury will establish the proportion of fault that was attributable to the incident and award damages to that percentage If the jury determines the percentage of fault is too high, it will decrease the overall compensation The jury could reduce the amount of fault even if the injury is not as severe However, the claimant is still entitled to their entire damages FELA You may be qualified for compensation under the Federal Employers Liability Act FELA in the event that you're injured while working on an railroad A workers' compensation claim can be filed with an agency of the state However the filing of a FELA suit requires more evidence of negligence on the part of the railroad or its employees FELA was established to ensure railroad companies are held accountable to ensure their employees have safe working conditions This includes safe locomotives, cars appliances, tools and safe work areas FELA also requires railroads to use reasonable safety precautions to avoid injuries at work or while on the job If you suffer an injury working it is essential to immediately report your injury to your employer Failure to do so may result in the absence of evidence should you decide to pursue your case lateron, since witnesses could forget specifics and evidence may fade with time It is important to speak with an FELA attorney as soon after you are hurt on the job Your lawyer will investigate the accident scene or equipment, examine your medical reports and interview your treating doctors, and help you prepare your first FELA case In a typical FELA case the damages can include lost earnings and benefits; out of pocket medical expenses as well as pain and suffering disfigurement, disability; economic loss to your family members if you die or suffer a permanent impairment Damages can be substantial particularly when a railroad worker loses his or her job and/or career due to an accident Even the employee is partially at fault for their injuries however, they still have the right of compensation under FELA FELA claims are usually simpler to prove than traditional workers' compensation cases An FELA attorney can establish that the railroad company violated any federal safety regulation or law or standard These rules and laws usually include those set forth by the Occupational Safety and Health Administration OSHA and the Federal Railroad Administration, or the Boiler Inspection Act These violations can have a direct effect on the amount due to the injured employee under their FELA settlement This can include a reduction in the amount of a railroad employee's Railroad Retirement Board pension, which could have a significant impact on their family If you're an employee of a railroad who has been injured in the workplace, you should consult an experienced FELA lawyer regarding your rights to compensation as fast as possible after you have been injured Damages There are a variety of factors that can affect the amount of damages you can claim for railroad-related injuries They include your current and past losses in wages, medical expenses and permanent disability or disfigurement Also, they include the cost of suffering and pain In addition to compensation for your injuries Additionally, you may pursue punitive damages to punish the negligent parties and force them to pay even more These penalties can be determined by a variety of factors, such as the severity of your injuries , and the company's inability to provide you with safe working conditions The doctor's report and testimony during trial are significant in determining the value of your railroad injury claim The ability of your doctor to clearly relate your work-related accident to your medical condition makes it much more difficult for the railroad to lower the value of your claim When you are seeking compensation for railroad-related injuries it is essential to seek medical attention as soon as possible and keep a record of your injuries with photos and copies of accident reports A lawyer who specializes in railroad accidents can help you understand the law and how it applies to your particular case You should be aware the fact that railroads have a team of claims agents investigators, attorneys, and doctors who are tasked to minimize your financial damages To ensure that the playing field is level you must engage an experienced Federal Employers Liability Act attorney FELA FELA is different from workers' compensation in that you must prove that the railroad caused your injury FELA also allows for the application of the doctrine of comparative negligent This means that an injured railroad worker may be awarded monetary damages even if the worker was partially negligent Time Limits If you are an employee of a railroad and you were injured while working, you need to know that there are deadlines for filing your claim You must file your claim within three years from the date of the accident, since this is the deadline set by FELA Federal law FELA was established to protect railroad workers from injuries resulting from their work and death Railroad employees are able to sue their employers to recover lost wages and pain, mental anguish and other damages under the FELA You must prove that the railroad was responsible for your injuries in order to file a claim under FELA This is a difficult procedure and requires an experienced lawyer with experience with FELA cases to help you make a decision It's important to be aware that the railroad could attempt to dissuade or dismiss you if you complain about an injury that occurred on the job, therefore it's important to speak with your union representative as well as an experienced FELA attorney to ensure that your rights are secured Another issue that can arise is the railroad's attempt to prevent you from returning to work once you are cleared by your physician to return to your former position This is not just illegal, but also violates the whistleblower statute The claims team of the railroad and medical agents are trained to fight injury cases as soon they occur They also attempt to limit or even stop workers' claims for compensation This is often done by urging the worker to see a certain medical professional from the company that they feel is supportive of the claim or by making it difficult for the employee to get medical treatment Finally, the railroad may employ private investigators to record the employee's activities, in order to prove that the worker isn't severely injured and unable to perform his job This is not common however it has happened in the past, and it can happen when the railroad does not believe that the employee is injured or when they do not think they are going to win their case