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How the Federal Employers Liability Act FELA Protects Railroad Employees The FELA procedure may seem overwhelming but knowing how it works can aid injured railroad workers Railroad workers who have been injured should employ an experienced lawyer to represent them in the FELA process Unlike workers insurance FELA claims can cover injuries caused by exposure to toxic substances such as asbestos diesel exhaust creosote silica sand welding fumes and chemical solvents It is important for these workers to find an experienced FELA attorney to assist them in obtaining the maximum amount of compensation FELA is a faultbased statute The Federal Employers Liability Act FELA is a law that protects railroad workers if they are injured on the job It is a law that is founded on fault and is applicable to all injuries that happen on any railroad that participates interstate commerce In the event of a FELA claim the burden of proof is lower than in a negligence case The plaintiff must prove that the employer was negligent in performing their obligations and that this negligence caused the injury This is known as the featherweight standard of evidence If a railroad employee gets injured while at work they must prove that the negligence of their employer caused their injury This is different from the burden of proof needed for a workers compensation claim which is not faultbased It is important that railroad employees seek legal advice from an experienced lawyer prior to making a FELA complaint A successful FELA case could result in damages for medical expenses lost wages future loss of earnings emotional distress and medical bills The award is a compensation for pain suffering and permanent impairment These awards are calculated by a persons present and past impairment the nature of injury and its impact on their everyday life Railroad workers who suffer injuries are entitled to the full amount their employer is expected to pay in damages due to a particular injury Unlike workers comp FELA is a statute which covers cumulative trauma injuries as well as specific incident injuries Cumulative trauma injuries include repetitive stress injuries and vibrationrelated injuries These injuries can be a major blow to a railroad worker and often take time before they are fully apparent It is essential to find an attorney as soon as you can following a workrelated accident When the railroad learns of your injury it starts to gather statements photographs documents records and other evidence that they could use to support your claim A FELA lawyer who is experienced can defend you against these tactics and gather the evidence necessary to support your claim The most important aspect of the FELA case is to prove that the railroad was negligent It can be difficult but not impossible A competent attorney will be able to determine the most important issues and any relevant laws that might have been in violation This includes laws such as the Locomotive Inspection Act and the Railroad Safety Appliance Act It covers a wide range of injuries FELA is a law that covers a wide range of injuries from serious physical impairments to mental stress and loss of wages It also permits railroad employees who are injured to recover damages that are not covered under workers compensation such as discomfort and pain Contact a knowledgeable FELA lawyer if you have suffered an injury at work While the FELA offers specific protections for railroad workers it is required for a railroad worker to prove their injury was caused by negligence on the part of their employer their officers employees or agents Additionally the railroad must prove that it violated a statutory safety standard or did not provide adequate equipment tools or appliances These violations can include failure to create a safe working area failure to maintain railroad equipment or a lack of supervision The legal process for a FELA lawsuit is similar to that of a personal injury case because the focus is on filing lawsuits against the railroad rather than filing claims for WC This includes discussions regarding possible settlements with the railroad as well as thorough investigations by attorneys A FELA claim might seem daunting however with the right representation and knowledge an injured railroad worker will receive the best possible outcome It is essential to find an experienced FELA lawyer immediately following an injury This is because the railroad right away begins assembling statements photographs and other documents as well as records and evidence to present against railroad employees who have been injured A qualified attorney can prevent falling victim to these tactics by launching the investigation in advance and gathering the necessary evidence to create an effective FELA case One of the most frequent mistakes that railroad workers who are injured is not filling in accident reports correctly or in a timely manner These forms are created by the railroads claims department and lawyers to collect information that they could alter or use to thwart or limit a FELA claim An experienced lawyer will make sure that all the necessary information is included in the accident report and that it is filed in time Railroad workers who are injured are entitled to compensation for the following types of losses including future and past medical expenses pain and suffering mental distress loss of enjoyment life and permanent and complete disability The amount of these losses will vary according to the severity of the injury It has a threeyear statute of limitations If youve been injured while working as a railroad worker FELA could provide financial compensation It covers a range of ailments and injuries including traumatic injuries such as joint sprains broken bones and repetitive strain injuries such as carpal tunnel syndrome and tendonitis FELA also covers noneconomic damages like pain and discomfort Contrary to traditional workers compensation laws which limit these damages FELA allows for full and fair compensation of losses It also takes future losses into account when determining damages making sure that you receive compensation for ongoing medical expenses and lost earnings potential and other financial difficulties A FELA lawsuit also has a statuteoflimitations which is a time limit that the plaintiff has to bring their case Its typically three years but the exact date depends on your injury and whether or whether its a cumulative injury or occupational disease case Contact an experienced FELA lawyer if unsure when your statute of limitations begins The statute of limitations in FELA is a federal law that establishes the period within which railroad employees injured can file a lawsuit This is vital to ensure that you receive the most compensation In addition a failure to comply with the statute of limitations could halt your claim entirely According to FELA the threeyear statute of limitations begins when a railroad employee was aware or should have been aware that their jobrelated injuries or illnesses were caused by their job It can be difficult to determine in the case of occupational trauma or cumulative illness that involves longterm toxic exposures such as the exhaust fumes of diesel engines and chemical exposures A FELA lawsuit in addition to statutes of limitations must be filed in the state where an accident occurred Workers compensation can be filed from any location To maximize your chances of winning your claim you should employ an experienced FELA attorney Look for a firm with an established track record of obtaining substantial settlements and verdicts You should also ask whether they are knowledgeable about railroad law and their experience with FELA cases This includes the possibility of wrongful death Contrary to workers compensation FELA allows railroaders to claim compensation for all of their injuries This includes past and upcoming medical expenses lost benefits and wages as well as pain and discomfort loss of enjoyment of living aggravation or preexisting ailments and more In addition a jury will decide FELA claims which means you have a higher chance of winning an amount It is essential to have a knowledgeable FELA attorney to assist you A lawyer can assist you comprehend the full extent of your injury and help make sure that youre compensated for all the losses associated with it A lawyer can assist you to avoid the pitfalls that arise when dealing directly with a railroads claim representative For instance the railroad will have its own expert medical who may question the legitimacy of your injuries Your lawyer can challenge this doctors testimony and bring your own medical experts to strengthen your case Another important consideration is that FELA has no cap on the amount of wages that can be recouped fela law firm has an upper limit on wage loss If you are unable to return to work an FELA attorney can calculate your income loss and determine the amount that are entitled to A FELA attorney who is skilled in this field can help you This calculation is based upon your lifetime earnings as well as the future earnings potential The calculation is then multiplied by the percentage of fault for the injury that is determined by an jury It is essential that railroad workers speak with an experienced attorney as soon as they have a work injury A FELA attorney can provide a free consultation to help you determine the best way to obtain compensation for your injuries They can also help navigate the complex process of filing awrongful death lawsuit The Carey Firm has a thorough knowledge of the risks railroaders face while working and can help you maximize your damages through a settlement that you negotiate or by bringing the case to trial if necessary They are committed to defending the rights and interests of railroad workers who have been injured as well as their families