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Are Railroad Injuries Legal? If you or a loved one has been injured in a train accident, it is crucial to seek legal representation. To protect your rights to claim legal representation as soon as possible. Federal Employers' Liability Act (FELA) A federal law that allows railroad workers injured to file lawsuits against their employers. They are able to hire their own lawyers, gather evidence, and interview witnesses. Federal Employers Liability Act (FELA) The Federal Employers' Liability Act was enacted by Congress in 1908 to tackle the inherent dangers inherent to the railroad industry. FELA differs from the state laws on workers' compensation in that it permits injured workers to sue their employer for injuries sustained during work. Under FELA the injured employee can sue a railroad company, its agents or other employees for injuries resulting from negligence. Unlike workers' compensation claims however, an injured employee must prove that the railroad was accountable for his or her injuries. Another significant difference between a regular workers compensation claim as well as an FELA claim is that the FELA settlement or judgment will be decided by pure comparative negligence rules. This means that any settlement or judgment you receive will be reduced if you're found partially responsible for your injury. In the end, an injured railroad worker should never settle his or the FELA claim before consulting with an experienced FELA lawyer. A seasoned attorney will be able to assess your case and ensure you receive all damages you are entitled to. Furthermore, an experienced FELA lawyer can help you get the highest amount of money allowed by the law. A seasoned FELA lawyer can defend your rights and ensure that you get the benefits you deserve. The FELA has been in place for more than a century, and has played a pivotal role in urging railroad companies to adopt safer equipment and work practices. Despite these advances machines shops, rail yards, and railroad tracks remain some of the most dangerous locations in the United States. But the FELA provides legal protection for millions of railroad workers injured on the job each year. Work-related Diseases Work-related illnesses can be a problem for anyone who works in a job that is hazardous. They can cause serious injuries and illnesses which could require medical treatment and loss of income or other financial damages. The most common kinds of occupational diseases are those that involve exposure to hazardous chemicals such as lead, beryllium and other heavy metals. There are other diseases that can be caused by repetitive movements and poor ergonomics. Other causes include exposure to extreme temperatures, pressures, vibration and noise. Other common occupational ailments include hearing loss, skin conditions and respiratory illnesses. If you're suffering from an illness or injury that you believe is due to your railroad work it is important to seek medical attention right away. If you have a medical issue, your doctor will diagnose the problem and determine whether a lawsuit against your employer is appropriate. A knowledgeable lawyer who has experience in railroad accidents can assist you in determining if the damage to your health is sufficient to merit compensation. If so, you may be eligible for compensation for lost earnings, medical expenses, disfigurement and pain or inconvenience, as well as other damages. Another thing to think about is that employees have only a short period of time to report an injury or illness to their employers. This time limit differs from one state to the next. It is important to know that your right to claim for the injury will be forfeited if you do not submit your claim within the time limit. This means that the longer you sit the more difficult it will be to gather evidence and preserve evidence about the way your accident happened. This is especially true if do not have an attorney to help you deal with the railroad's claims agents. These are professionals who are paid to decrease the liability of the railroad to you and frequently refuse to take into account the full extent of your damages. It is essential to seek legal representation from a railroad accident lawyer as soon as you are aware that your work has caused you to fall ill or injured. A seasoned attorney will make sure that all of the damages you've suffered are covered in any FELA lawsuit. Cumulative Trauma Injury (CTI) Railroad workers are at an increased risk of serious injuries that could have long-lasting consequences for their careers as well as their lives. These injuries may be caused by specific accidents like a fall and breaking a bone, or repeated stress such as exposure to loud noises and whole body vibrations. The Federal Employers' Liability Act (FELA) is one method railroad workers can seek compensation for injuries. It states that railroad employers are required to provide safe working conditions and remove unsafe conditions. Cumulative trauma injury (CTI) is a frequent type railroad injury, can be caused through years of working in hazardous conditions. The conditions can be a result of exposure to vibrations, toxins, and noise. These adverse working conditions could cause permanent and chronic injuries that could affect the ability of railroad workers to complete their work and enjoy their life. CTIs that are most common include tendinitis and carpal tunnel syndrome and shoulder injuries. It is important to immediately notify your doctor of any CT injuries. This will allow your doctor to properly identify the problem and begin the treatment process. The symptoms of Cumulative Trauma Disorders can manifest months or even years following the initial accident and may be accompanied by tenderness, pain swelling, tingling or numbness, loss mobility or coordination, inflammation, and stiffness in the area affected. For railroad injuries of the disorder, X-rays, MRI or magnetic resonance imaging are useful. A complete medical history and examination of the symptoms is needed to determine the condition. This should be followed by an extensive examination of the affected area. Based on the severity of the problem the diagnostic tests could include Xrays for determining bone involvement, MRI or magnetic resonance imaging and ultrasound to see soft tissues. If a doctor is able to correctly diagnose an employee suffering from a chronic trauma disorder the worker is entitled to receive benefits under FELA. These claims may be difficult to prove and can be more difficult for insurance companies and employers due to the possibility of a lack of a link between the injury and the job. Comparative Fault When a railroad employee is injured while working they could be entitled to compensation for their injuries. This is covered under the Federal Employers' Liability Act. To be qualified for compensation, the railroader must show that the employer was negligent and that they caused their injuries. It could be because the railroad failed to provide them with adequate assistance, training, or a safe and secure place to work. Under the FELA law, there is a system of comparative negligence which attempts to determine just how much the worker is responsible for their injuries. This scheme is used to lower the amount that the railroad must pay in the event of a lawsuit. Railroads often attempt to reduce the amount compensation they have to pay in a lawsuit, by claiming that the worker was partly at fault. This is because they would then be required to pay less in a verdict. However it is important to be aware that this is not always the situation. Sometimes, the railroad is 100 percent responsible for injuries sustained by their employees. This is because railroads typically violate safety laws that must be followed. This includes the Locomotive Inspection Act, the Safety Appliance Act and other regulations that pertain to cars, engines, and railroad safety. Another legal issue that could impact an injury case involving railroads is the concept of contributory negligence. This is a doctrine that states that an injured worker cannot recover if they knowingly accepted workplace hazards or acted in a manner that would increase their risk of injury. In Georgia, a railroader can recover for their injuries if they prove that the railroad was in some way negligent. This could be as result of failing to provide them a safe place to work, proper equipment or tools, poor job briefings or assistance or training.