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Railroad Injuries Compensation If youve been injured in a train accident you could be entitled to compensation under the Federal Employers Liability Act FELA This law permits injured workers to receive financial compensation for medical expenses loss of wages pain and suffering To win a FELA case you must prove that the employer was negligent in any way This means that the company did not adhere to safety regulations or made unreasonable demands of the employee The FELA Statute of Limitations Railroad workers who have suffered injuries on the job may be able to sue their employers under the Federal Employers Liability Act Congress created the Federal Employers Liability Act FELA in response to the increasing number of rail accidents and to encourage uniform equipment standards To be able to claim compensation under FELA in order to recover under FELA you must demonstrate that your employer acted negligently This could mean that they did not adhere to reasonable safety standards or did not comply with a federal or state law regarding locomotive inspection or maintenance Under FELA it is the right of an employee to have three years from the date when they were injured or diagnosed with an occupational illness to make a claim For injuries resulting from toxic exposure this can be extended It is important to note that railroads often try to avoid their obligations to injured employees by delaying or minimizing details that could be useful in the event of a FELA lawsuit It is particularly important for injured employees to fill in the proper accident report form that is supplied by the railroad company and to provide precise and specific answers to any questions regarding what caused the injury FELA claims are usually defeated or reduced when an injured employee does not carefully fill out these forms or when they do not fully comprehend the questions that are asked An experienced FELA lawyer to assist you with these issues can make the difference between an effective claim and a loss of compensation The time it takes to contact an attorney can also impact the claim You will likely lose the right to claim if you dont speak with an attorney as soon as possible A knowledgeable FELA attorney can help you determine if your claim is likely to be subject to a three year statute of limitations He or she will also be able inform you of what steps to take after an accident to ensure your claim is secured and maximized Medical Treatment If youre injured while working for the railroad the railroad your employer isnt only required to provide medical attention under the FELA as well as cover all the related costs Railroad employees may still suffer problems as a result of workrelated injuries The primary concern many railroad workers face is whether or not the railroad will control their medical treatment They are worried that the railroad will pick their doctor and then authorize their treatment under FELA however this is not necessarily true Although you should contact your insurance company for information about your insurance coverage the person who handles your case should not direct you to a medical or other medical facility Instead be your own advocate and seek the most exemplary treatment for your injuries After you have been injured it is important to keep a record of all medical expenses and treatments you received This will be helpful in assessing your claim in the future Talking to your doctor about the best way to treat your injuries is important Your doctor might suggest that you seek medical attention immediately at a hospital or clinic Once youve been admitted to the hospital Your doctor will conduct an MRI or other tests They will use these tests to determine the extent of your injury and also help determine the time to recover Your doctor may recommend surgery to correct any injuries or fractures found on your MRI It can be a difficult procedure but it is vital to your physical and mental wellbeing Your doctor might recommend therapy or counseling to help you cope with the effects of an accident These treatments are crucial to your recovery However it is not a good idea to do this if you dont speak with your attorney first It is essential to keep an eye on the medical expenses you incur when youve been injured This includes any copays or deductibles This will aid you in the future when you review your case If the medical bills you incur exceed the amount covered by your FELA coverage you should not settle your case until after you have talked with an attorney Lost Wages The Federal Employers Liability Act FELA provides railroad workers with protections that are unique and permits them to bring lawsuits against their employers for damages This includes compensation for lost wages medical expenses as well as pain and suffering The FELA was passed in 1908 to protect workers and their families from unsafe working conditions at the workplace In the event of railroad accidents the most typical form is lost wages This refers to how much money an injured worker could have earned if still working This could include wages bonus commissions and tips and other wages that an employee may have received When a railroad worker is injured the first thing that their attorney will do is negotiate with the employer and try to obtain an acceptable settlement for them This is usually done by arbitration or mediation In both cases an agreement is reached between parties in a neutral venue You can also make a claim in court However the process will usually be longer than that for state workers compensation claims When a case goes to trial the jury will decide the final amount of compensation which will be given In general workers who are injured are entitled to 100 of the lost wages It can differ depending on the specific situation In addition an injured employee can also seek compensation for intangibles such as emotional distress and a diminished quality of life An injured railroad worker who is completely disabled by an accident at work could claim compensation for lost wages both past and future in addition to the cash value of their earnings They can also seek reimbursement for any medical expenses that are a result of their claim railroad accident lawyer near me vancouver are available to railroad employees who are ineligible or unwilling to work for extended periods of time These benefits are offered by most states and will pay for the major of the loss in wages for an injured worker in the event that they are unable to work for a long time Damages Railroad workers are often injured when they are involved in accidents on the job These accidents can result in serious lifealtering effects that could even cause death Fortunately there is a law that protects workers Federal Employers Liability Act FELA protects railroad workers who have been injured in workrelated accidents FELA differs from workers comp because it allows railroad employees to sue their employers for damages caused by negligence on the part of their employers This law was passed by Congress to ensure that railroad employees are treated fairly in the event of a workplace injury The damages in a FELA suit are greater than those in workers compensation These damages include lost earnings benefits pain suffering disability disfigurement and medical expenses It is crucial to have a reputable attorney by your side throughout the process of filing an FELA claim An experienced FELA lawyer is familiar with the law governing railroad injuries and will be able to present the evidence required to get the highest amount of damages If you have been injured in a railroad accident it is imperative to take action quickly If you dont your claim will be denied by the FELA statute of limitations Make sure that your supervisor is able to submit an official report about the incident This will aid in your case by proving that the railroad was accountable for the incident Be aware that the railroad will almost always try to convince the public that they are not responsible for your injuries through making statements and asking questions that are not true It is important that your doctor assess your injury Typically railroads will try to lower the value of your claim by trying to claim that your injury was not result of the train accident that you were treated for your injuries that were not substantiated by medical evidence or that you deliberately fudged the incident Because your employer isnt an advocate for you when it comes to handling your injury claim its crucial to have a seasoned attorney on your side to ensure that you receive the full amount of damages for your injuries For cases involving longtermand serious injuries its crucial to have an attorney on your side