How to File a Railroad Injuries Claim If you've been injured while working for a railroad company, you may have a claim under the Federal Employers Liability Act FELA Although it's not the same as standard Illinois workers' compensation laws, FELA protects railroad employees and can provide much more money than state workers' compensation benefits Damages in a FELA case can include past and future medical expenses, lost wages, pain and suffering, permanent disability, and emotional distress The amount of your damages depends on a variety of factors, including whether the railroad can prove you contributed to your injuries Proving Negligence In order to prevail in a railroad accident case the injured person must prove that their employer was negligent and that the negligence caused the injury In most instances, this can be accomplished by proving that the employer failed to provide safe working conditions and equipment, or the proper methods of working This could be as simple as the presence of oil or other debris that creates hazards for slip and fall or a malfunctioning railcar, locomotive track switch, handbrake that can cause accidents with trains Another instance could be failing to inspect the workplace on a regular basis, or to provide adequate training The process of proving liability can be a complicated procedure that could take months or even years This is why it is important to talk to an attorney the earliest time possible following the accident Remember that FELA laws have lower burdens of evidence than personal injury lawsuits Railroad workers are in danger and employers must be extremely cautious If the negligence is established, the plaintiff can proceed with the lawsuit to recover the amount of medical bills as well as lost wages and other expenses It is vital to prove the railroad's negligence An experienced FELA attorney can assist you throughout your case Neglecting to take action is similar to ignoring any legal action You'll require the assistance of an experienced lawyer to win your case https//vimeocom/708468791 is imperative to act quickly following an accident at work, as evidence tends to fade with time Additionally, the amount of fault railroaders may affect their damages award The amount of fault assigned to a railroader is typically proportional to the claimant's total claim for losses Modified comparative negligence is well-known and could dramatically impact the amount of compensation that is awarded in an FELA case A jury will allocate damages to the percentage of blame determined by them The jury may reduce the total compensation if it finds excessive fault The jury can reduce the amount of blame when the incident is less severe However, the person who is suing will still be able to receive their full damages FELA If you suffer injuries while working on an railroad, you could be eligible for compensation under the Federal Employers Liability Act FELA While you can file a work comp claim with an agency of the state but an FELA lawsuit requires more evidence of negligence on the part of the railroad or its employees FELA was created to hold railroad companies accountable for providing safe working conditions This includes safe locomotives, cars tools, appliances and safe work areas FELA also requires railroads to take reasonable safety precautions to prevent injuries, whether they occur at the work place or on the job site It is essential that you immediately report any injuries you suffer while working to your employer Inability to report the injury could result in a lack evidence should you decide to pursue your case lateron, because witnesses may forget details and evidence may fade with time It is essential to get in touch with an FELA attorney as soon as you've been injured while working Your attorney will examine the accident scene and equipment, read your medical records and speak with your treating physicians and assist you in preparing your first FELA case The damages in a typical FELA case include lost earnings and benefits, and out-of-pocket medical expenses; disfigurement and pain and economic loss to family members in the event of your die or permanent impairment The amount of damages is often significant in the event that a railroad worker loses his or her job and/or career due to an injury Even in the event that the employee is partially responsible for their own injuries but they are still entitled to be compensated under FELA In reality, FELA claims are typically easier to prove than standard workers' comp cases An FELA attorney can prove that the railroad company has violated a federal safety regulation, law, or standard These regulations and laws usually include those enacted by the Occupational Safety and Health Administration or the Federal Railroad Administration or the Boiler Inspection act These violations can directly impact the amount of money due to the injured employee as part of their FELA settlement This could lead to a reduction of a railroad worker’s Railroad Retirement Board pension This can have a significant impact on the family Railroad workers who have sustained injuries at work should consult an experienced FELA lawyer to discuss their rights to compensation Damages There are many variables that can affect the amount of damages you are entitled to for railroad-related injuries These include your present and past loss of wages, medical expenses , and permanent disability or disfigurement They also include suffering and pain In addition to compensation for injuries Additionally, you may pursue punitive damages in order to punish negligent parties and make them pay more These penalties can be based upon a variety of factors, such as the severity of your injuries as well as the failure to provide safe working conditions for you Another critical aspect in determining the worth of your railroad injury case is the way your doctor writes his reports and the evidence witnesses he gives during trial The ability of your doctor to clearly connect your work-related accident to your medical condition will make it more difficult for the railroad to reduce the value of your claim It is important to seek immediate medical attention and to record your injuries with photographs and copies of accident reports An attorney for railroad injuries can assist you in understanding the law and how it will apply to your particular case It is crucial to understand that railroads have a team consisting of investigators as well as claims agents, lawyers, and doctors who are accountable for minimizing your financial damages This means that you need to work with an experienced Federal Employers Liability Act FELA attorney to ensure that you are on the same playing field FELA is different than workers' compensation, in that you have to prove that the railroad caused your injury FELA also permits the application of the doctrine of comparative negligent This means that an injured railroad worker could be awarded financial damages even if the worker was partially negligent Time Limits If you are an employee of a railroad and have been injured while working You should be aware that there are certain deadlines to file a claim You must file your claim within three years from the date of the accident, as that is the time limit set by FELA Federal law FELA was created to safeguard railroad workers from injury at work and death Railroad employees are able to sue their employers to recover the loss of wages, pain, mental anguish and other damages under the FELA To file a lawsuit under FELA you must prove that the railroad was responsible for your injuries This is a difficult procedure that requires an attorney who has experience in FELA cases to help you make the right choice Be aware that railroads could attempt to discredit or dismiss you if your on-the-job injuries are reported It is important to contact your union representative and an experienced FELA attorney to safeguard your rights Another problem that could arise is the attempt by railroads to stop you from returning to work once your doctor has cleared you to return to the job you were in previously This is not just illegal, but also violates the whistleblower's statute The railroad's claims department as well as medical agents are trained to combat injury cases whenever they arise in an effort to stop or minimize the worker's claim for compensation This can be accomplished by encouraging the worker or making it difficult to get medical treatment The railroad could also employ private investigators to observe the employee's actions, in an effort to prove that the worker is not seriously injured and cannot do his job This isn't a common practice however it has happened in the past and may happen when the railroad doesn't believe that the worker is truly injured or when they do not believe they will be able to prevail in their case