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Are Railroad Injuries Legal? If you or a loved one was injured in a train accident, it's vital to seek legal assistance. To ensure your rights it is essential to seek legal representation as soon as possible. Federal Employers' Liability Act (FELA) A federal law, permits railroad workers who are injured to file lawsuits against their employers. They can hire their own lawyers, collect evidence and depose witnesses. Federal Employers Liability Act (FELA) The Federal Employers' Liability Act was enacted by Congress in 1908 to address the inherent dangers of the railroad industry. FELA is different from state workers' compensation laws in that it permits injured workers to sue their employer for injuries incurred on the job. FELA allows injured employees to sue railroad companies, their agents and other employees for injuries caused by negligence. Contrary to claims for workers' compensation however, an employee must prove that the railroad was accountable for the injury. The major difference between the regular workers' compensation claim and an FELA case is that the FELA settlement will or judgment be based on pure comparative negligence rules. If you are found to be partially at fault for the injury, then any settlement or judgment will be reduced by that percentage. A railroad worker injured should not settle their FELA case without consulting an experienced FELA lawyer. An experienced lawyer can evaluate your case and help you get all the damages you are entitled to. Moreover, an experienced FELA lawyer can help you recover the maximum amount of money you can under the law. A seasoned FELA lawyer will be able to defend your rights and make sure you receive the benefits you deserve. The FELA is in force for more than a century. It has been a key factor in encouraging railroad companies to adopt safer equipment, and better work practices. Unfortunately, despite these advances railroad tracks, rail yards and machine shops remain among the most dangerous work environments in the United States. However, the FELA gives legal protection to millions of railroad workers injured on the job every year. Work-related Diseases Anyone who is employed in dangerous jobs is susceptible to occupational diseases. They can lead to serious injuries and illnesses that require medical attention or a loss of income, or other financial damages. The most prevalent types of occupational disease are those that require exposure to harmful chemicals, including beryllium, lead and other heavy metals. There are, however, diseases that are caused by repetitive movements or poor ergonomics. Other causes include exposure to extreme temperatures, pressures, vibrations and noise. Other occupational illnesses that are common include skin conditions hearing loss, alopecia, and respiratory illnesses. If you suffer from an injury or illness that you believe is connected to your work in the railroad industry is crucial to seek medical attention promptly. If you have a medical issue, your doctor will diagnose the problem and determine if a suit against your employer is the right thing to do. A skilled railroad injury lawyer can help you determine whether the harm to your health is sufficient to warrant compensation. If so, you may be eligible for compensation for lost earnings, medical expenses, pain and suffering, disfigurement or inconvenience, as well as other damages. Another thing to consider is that workers are only given a only a limited time to submit workplace injuries or illnesses to their employers. The time limit for reporting workplace injuries and illnesses varies from one state to the next. It's important to understand that if you do not submit your claim within the prescribed period, your right get compensation for your injury will be lost. This means it's more difficult to collect evidence and preserve witness testimony about the accident than if you put off filing your claim. This is especially true if do not have an attorney on your side to help you deal with the railroad company's claims agents. Those agents are professionals who are paid to reduce the burden of the railroad to you and who often aren't willing to consider all the damages you have suffered. It is crucial to seek legal counsel by a railroad injury lawyer as soon you become aware that your work caused you to become sick or injured. A knowledgeable attorney will ensure that all injuries suffered are covered in any FELA lawsuit. Cumulative Trauma Injury (CTI) Railroad workers are at high risk of serious injuries that could have long-lasting consequences for their careers and lives. These injuries can result from specific accidents , such as a fall and breaking a bone or repeated stress , such as exposure to loud noises and whole body vibrations. Railroad employees can seek compensation through the Federal Employers' Liability Act. It states that railroad employers are required to provide safe working conditions and eliminate unsafe conditions. Cumulative trauma injury (CTI) is a common type of railroad injury legal that can be the result of years of exposure working conditions. These conditions could include noise, vibrations, and toxic substances. Negative working conditions can result in permanent and chronic injuries that restrict a railroad worker's ability to perform their work and have a negative impact on their living standards. Some of the most common CTIs include tendinitis, carpal tunnel syndrome and shoulder injuries. It is important to immediately notifying any CT injuries. This will allow your doctor to identify the problem and begin the treatment process. Symptoms of Cumulative Trauma Disorders can be present months or even years after the initial injury and could include tenderness, pain, swelling, tingling, numbness, loss of mobility or coordination, inflammation, and stiffness in the area affected. To diagnose the disorder X-rays, MRI or magnetic resonance imaging are helpful. A physician can identify the problem if a detailed medical history and review of symptoms are provided together with thorough physical examination of the affected area. Based on the severity of the problem the diagnostic procedures could include Xrays for determining bone involvement, MRI or magnetic resonance imaging as well as ultrasound to examine soft tissues. If a doctor is able to correctly diagnose an employee suffering from an injury that causes cumulative trauma, they'll be eligible for benefits under FELA. These claims may be difficult to prove, and could be more difficult for employers and insurance companies due to the possibility of a lack of a link between the injury and the job. Comparative Fault When a railroad employee is injured on the job, they may be entitled to compensation for their injuries. This is covered under the Federal Employers' Liability Act. In order to be compensated, the railroader must prove that the employer was negligent and led to injuries. This could be as a result of the railroad not providing the workers with a safe working area, appropriate equipment, training , or support. The FELA has a comparative negligence program which attempts to determine who is responsible for their injuries. This is done to decrease the amount the railroad must pay in the event of a lawsuit. Railroads often attempt to reduce the amount of compensation they have to pay in a lawsuit by saying that the worker was in part at blame. They'll have to pay less in a verdict of a jury. However it is important to keep in mind that this may not always the situation. Sometimes the railroad is 100 100% accountable for injuries sustained by their employees. This is due to the fact that railroads often infraction to safety laws that have to be adhered to. These include the Locomotive Inspection Act, Safety Appliance Act and other regulations that pertain to engines, cars and safety of railroads. A contributory liability is another common legal issue that could have an impact on the outcome of a case involving a railroad crash. This is a doctrine that states that an injured worker can't recover if they knew about or accepted workplace hazards or acted in a manner that could increase their risk of being injured. In Georgia railroaders are able to recover for their injuries if they show that the railroad was in some way negligent. This can be as a result of not giving them a safe place to work, proper equipment or tools, poor job instructions or the proper assistance or training.