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How the Federal Employers Liability Act FELA Protects Railroad Employees Understanding the FELA process can aid injured railroad employees Railroad workers who have been injured should employ an experienced lawyer to represent them during the FELA process Contrary to workers compensation FELA claims can cover injuries caused by exposure to toxic substances such as asbestos diesel exhaust silica sands creosote welding fumes and chemical solvents The injured workers must seek an FELA attorney with experience to help them obtain the most compensation FELA is a statute founded on fault The Federal Employers Liability Act is a law that safeguards railroad employees who suffer injuries at work It is a law dependent on fault and applies to all injuries that occur on any railroad that participates interstate commerce The burden of evidence in a FELA case is lower than an ordinary negligence claim The plaintiff only needs to prove that the employer was negligent in the performance of their duties and that the negligence caused the injury This is referred to as the featherweight standard of evidence If a railroad worker is injured at work they must prove that their employers negligence caused their injury This is different than the burden of proof needed for workers compensation claims that is not based on fault This is the reason it is crucial for railroad employees to seek legal advice from an experienced lawyer prior to filing a FELA claim A successful FELA claim can result in damages for medical bills and lost wages as well as future loss of earnings and emotional anxiety The award also includes the compensation for suffering and pain as well as permanent impairment These awards are calculated according to a persons current and past impairment the nature of injury and its impact on their daily lives Railroad workers who suffer injuries are entitled to the full amount their employer is expected to pay for damages resulting from an injury Unlike workers compensation FELA covers both cumulative trauma injuries and specific incidental injuries Cumulative trauma injuries may include vibrationrelated injury These injuries can be devastating for railroad workers and they often take time to fully manifest Engaging an attorney as quickly as you can following a workrelated injury is critical As soon as the railroad is informed of the injury they begin to gather statements photos documents records and other evidence they can use to defend your claim A FELA lawyer with experience can defend you against these tactics and gather the evidence needed to prove your claim The most important aspect of a FELA case is to prove that the railroad was negligent Its not easy but not impossible A competent lawyer will be able to identify the key issues and any relevant laws that might be in violation This could include laws such as the Locomotive Inspection Act or the Railroad Safety Appliance Act It covers a broad range of injuries FELA is an act that covers a variety of injuries ranging from mental anguish and wage loss to grave physical impairments It also allows railroad employees who are injured to recover damages not covered by workers compensation such as pain and discomfort Contact an experienced FELA lawyer if you have been injured at work While the FELA offers specific protections for railroad workers it is still required for a railroad worker to prove their injury was caused by negligence on the part of their employer their officers employees agents or other employees Additionally the railroad must have violated a safety standard set by law or did not provide the proper equipment tools or appliances This includes failing to provide a safe work area or failing to maintain railroad equipment or ignoring the need for supervision The legal procedure in the process of a FELA lawsuit is similar to a personal injury case since the primary focus is on filing lawsuits against the railroad rather than filing WC claims This involves thorough investigations by attorneys and discussions of a potential settlement with the railroad A FELA claim may seem intimidating but with the right representation and details the railroad worker who has been injured will get the best outcome It is important to hire a FELA lawyer experienced in the earliest time you can following an injury This is because the railroad immediately begins assembling statements photographs documents records and evidence to use against railroad workers who have been injured An experienced attorney can help you avoid being a victim to these tactics by beginning the investigation early and accumulating the evidence needed to establish a strong FELA case One of the most frequent mistakes made by injured railroad workers is not filling out accident reports correctly or promptly These forms are designed by the claims department of the railroad and lawyers to obtain information they could alter or use to thwart or reduce the value of a FELA claim An experienced attorney will ensure that all the necessary information is included in an accident report and that its filed in a timely manner Injured railroad workers may be entitled to compensation for the following kinds of losses that result from medical expenses suffering and mental distress loss of enjoyment of life as well as permanent and total disability The amount of these damages will differ based on the degree of the injury It has a limitation period of three years If youve suffered an injury in the course of work as a railroad employee FELA may be able to provide financial compensation fela settlements covers a range of ailments and injuries including traumatic injuries like joint sprains broken bones and repetitive strain injuries like carpal tunnel syndrome and tendonitis FELA also provides noneconomic damages like pain and discomfort In contrast to traditional laws governing workers compensation which typically restrict these damages FELA allows claimants to get full and fair compensation for their losses It also considers future losses when determining damages This ensures that you are covered for any ongoing medical expenses and loss of earning capacity and any other financial difficulties A FELA lawsuit also has the statuteoflimitations This is a time limit that a plaintiff can bring their case within The statute of limitations typically ranges from three to five years However the exact date will depend on whether your injury is a cumulative injury or an occupational illness Consult an experienced FELA lawyer if unsure when your statute of limitation starts The FELA statute of limitations is a federal act that sets the time limit in which a railroad employee injured on the job can bring a lawsuit This is essential to receive the maximum amount of compensation Failure to follow the statute of limitations could also bar your claim According to FELA the threeyear statute of limitations starts when a railroad employee was aware or should have known that their jobrelated injuries or illnesses were caused by their work In cumulative trauma and occupational disease cases which require longterm exposure to toxic substances such as asbestos diesel exhaust fumes and chemical substances this could be a challenge to determine A FELA lawsuit in addition to statutes of limitations must be filed in the state where an accident occurred This differs from workers compensation which can be filed in any state To increase your chances of filing a successful claim hire an experienced FELA lawyer Search for a law firm that has a track record of obtaining significant settlements and verdicts from juries It is also important to inquire about their knowledge of railroad law and their experience with FELA cases This includes the possibility of death by wrongful cause Contrary to workers compensation FELA allows railroad employees to sue for all of their injuries This includes future and past medical expenses as well as loss of wages and benefits along with pain and suffering as well as loss of enjoyment life aggravation or aggravated ailments and more In addition a jury decides FELA claims meaning that you have a higher chance of winning an award It is essential to have an FELA attorney with experience to be on your side A lawyer can assist you to comprehend the full extent of your injury and ensure that you are compensated for the expenses incurred by the injury A lawyer can also help avoid the pitfalls of dealing directly with the railroads claim agent For instance the railroad will have its own medical expert who can question the validity of your injuries Your lawyer may contest the evidence of this doctor and call your medical experts to strengthen your claim A second important point to consider is that FELA does not have a cap on the amount that can be recovered Workers compensation also has an upper limit on wage loss If you cannot return to work then an FELA lawyer can estimate your income loss and determine how much should be paid A FELA attorney who is knowledgeable in this field can assist you The calculation is based on your lifetime earnings as well as your current and future earning potential The calculation is multiplied by the percentage of fault which is determined by a jurys verdict If youre working for a railroad company is important to consult with a seasoned attorney as soon as possible after a workrelated injury An experienced FELA lawyer will be able to provide a free consultation and will assist you in determining the best method to receive compensation for your injuries They can also guide you through the complicated process of filing a lawsuit for wrongful death The Carey Firm has a deep understanding of the risks railroaders face in their jobs and can help you maximize your damages through a settlement negotiation or by bringing the case to trial if necessary They are committed to protecting the rights and interests of injured railroad workers as well as their families