How to File a Railroad Injuries Claim If you or someone you love was injured in a railroad accident and you are injured, you may be eligible to make an insurance claim This can be done through federal or state court The Federal Employers Liability Act FELA allows railroad employees to sue their employers for injuries that result from safety violations or unsafe working conditions This law is unique to the federal level and has helped millions of people recover from their losses FELA The FELA is federal law that protects railroad employees who are injured or killed while on the job They are exempt from the state workers' compensation laws and are able to sue their employer for any damages they sustain due to their injuries The time-limit for filing a FELA claim is three years from the date of injury, however, it could take longer for an employee to recognize an injury or believe it was due to work Railroad employees who do not submit a claim within the prescribed time will likely lose their case Under FELA, you do not need to prove negligence on the part of the employer; all you have to show is that they violated a safety statute or regulation This reduces the burden of evidence and makes it simpler to prove liability It also eliminates the defense of taking on the risk, which can be a obstacle to recovering It is important to have an attorney on your side that has prior experience in these kinds of claims Shawn Carey is known for his ability to take cases to trial and is familiar with the intricacies of FELA claims He can demonstrate that the railroad did not provide safe places to work If needed the attorney will maximize your compensation via a settlement or trial The Carey Firm can assist you and your loved ones if you have been injured in an accident Contact us now to set up an appointment for a no-cost consultation The firm represents railroad employees in FELA claims and has more than 20 years of experience helping them pursue compensation for their losses FELA is a powerful legal tool that can be used to maximize your payout for injuries or losses of a loved one You should speak with an FELA attorney right away after an accident to ensure you receive the fullest amount of compensation for your injuries and losses FELA is different from workers' compensation it requires that you show that the employer acted negligently in the event It isn't easy to prove especially if not in the presence of witnesses It can be challenging to prove that your employer did not provide a safe working environment It is crucial to talk to an experienced FELA attorney to assist you in overcoming these challenges and maximize the value of your claim Negligence Railroad workers can submit a FELA claim against their employer when they are injured during the course of work In contrast to workers' compensation, which only covers injuries that occur during work, FELA provides damages for any type of death or injury caused due to the negligence of a railroad company To be successful in a FELA injury claim, the plaintiff must demonstrate that their employer or railroad was negligent and that their negligence led to their injury This is a challenging standard to establish, and it's one that a lot of FELA lawyers fail to properly argue To successfully pursue your FELA injury claim, it is essential to have a seasoned FELA attorney on your side A qualified attorney can assist you to "make your case" to prove that your employer was negligent and that their actions were the main cause of your injuries In many cases, railroads attempt to cover up or erase evidence that indicates negligence on their employees This is why it is crucial to have a seasoned FELA lawyer on your side, who will make use of aggressive representation to get you the evidence that you need to demonstrate your case Another crucial aspect in a FELA claim is how much the fault you're responsible for If you find yourself partially responsible for your injury then you will receive a reduced compensation You can still get full compensation if the railroad was negligent or played a significant part in your injury Railroad workers can also bring a claim against the manufacturer of a defective train or track component that caused their accident This is particularly applicable when a mechanical problem is at fault for an accident, which could be caused by an unmaintained train or defective parts on railroad tracks Damages You have the right to claim compensation if injured in a train crash or while working on trains You are entitled to claim damages for medical expenses, lost earnings, and permanent disability You are also entitled to compensation for suffering and pain emotional distress, loss of enjoyment of life To be able to claim compensation under FELA in order to recover under FELA, you must show that the railroad was obligated to provide a safe place of work , and that it did not fulfill this obligation This includes the railroad's obligation to ensure that vehicles, locomotives as well as machinery and appliances are safe from dangerous conditions or dangers This includes ensuring workers have access to tools, equipment and other necessities However, in the immediate aftermath of an accident involving employees of railroads it is quite common for the claim agents and the attorneys of the company to immediately start trying to decrease the value of the injury victim's case The more the railroad can claim contributory negligence or any other defense the less worth of the case and it is likely that the railroad will not be held responsible for all the damages awarded at an appeal to a jury Therefore, it is vital that the worker report all of the facts to his attorney This may include any dangerous or hazardous conditions that were present at the time of the incident like accumulated oil pools in the locomotives or other equipment After you have provided all details to an attorney, the lawyer will determine the amount of damage you can claim These include economic damages, like medical bills and lost wages and also non-economic damages such as pain and suffering The type of damages you can recover depends on the severity of the injury, as well as the statute of limitation in your state In most cases, a claim must be filed within three years from the date of the accident https//vimeocom/708466536 to meet this deadline could result in the rejection of your claim and losing any compensation Time limit The Federal Employers Liability Act FELA which stipulates a three-year period of limitations on railroad injury claims, imposes a three-year time limit on filing them Failure to submit a claim within the period of time could permanently stop you from recovering compensation for your injuries FELA compensates injured workers for damages which are greater than the workers' compensation portion FELA compensates injured workers for their suffering, pain and loss of quality life and future medical expenses This can include rehabilitation, medical costs inconvenience, lost wages and funeral expenses should you be killed in an accident at work FELA is a great choice for catastrophic injuries such as spinal cord injuries as well as traumatic brain injuries It will cover your long-term medical costs and also your lost income The courts consider a number of factors when determining the time when the FELA statute runs out If you were not able to seek treatment because of stress at work, this delay is able to be removed from the three-year statute Another important consideration is how to detect an illness or injury and when it begins to impact your quality of life A majority of these injuries and illnesses develop over time , as a result of repeated trauma or exposures within the workplace This is why you must seek medical attention as soon as possible after an accident A timely diagnosis will help you determine how the railroad and its insurance firms view your case You should also keep track of how long you're absent from work due to the injury, what kinds of treatments you need and when you will be able to return work This will help your lawyer in looking into your claim in the future The three-year FELA statute of limitations is identical to the time limit set by state law for personal injury claims in Tennessee Therefore, it's essential to have your railroad accident claim filed within this period An experienced lawyer on your side will aid in ensuring that you're entitled to all the compensation you're due