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Are Railroad Injuries Legal? If you or a loved one was injured in a railroad accident, it's vital to seek legal assistance. It is important to do this immediately to ensure that your rights are secured. Federal Employers' Liability Act (FELA) which is a federal law that allows railroad workers who are injured to file lawsuits against their employers. This gives them the chance to hire their own lawyers to gather evidence and depose witnesses. Federal Employers Liability Act (FELA) The Federal Employers' Liability Act was passed by Congress in 1908 to address the inherent dangers inherent to the railroad industry. FELA is different from the laws of state workers' compensation in that it allows injured workers to sue his or her employer for injuries suffered during work. Under FELA an injured worker can sue a railroad company or its agents or employees for injuries that resulted from negligence. Contrary to claims for workers' compensation however, an employee must prove that the railroad was liable for their injuries. One of the major differences between a regular workers' comp claim and an FELA case is that a FELA settlement will or judgment be based on strict comparative negligence rules. This means that any settlement or judgment that you receive will be reduced if held partially responsible for your injury. An injured railroad worker should not settle their FELA case without consulting an experienced FELA lawyer. An experienced attorney will be able to assess your case and ensure you receive all damages you deserve. Additionally, a seasoned FELA lawyer can help you get the highest amount of money that is possible under the law. An experienced FELA attorney can also fight for your rights and ensure you are able to get the benefits you need. The FELA has been in effect for more than a century and played a significant role in pushing railroad companies adopt safer work methods and equipment. However, despite these advancements trains as well as rail yards and machine shops remain among the most hazardous workplaces in the country. But, the FELA provides legal protection to the millions of railroad employees who suffer injuries on the work site every year. Diseases of the workplace Any worker who works in hazardous jobs could be affected by occupational diseases. They can lead to serious injuries and illnesses which could require medical care or loss of income or other financial damages. The majority of occupational diseases involve exposure to toxic chemicals such as lead, beryllium and other heavy metals. There are other diseases that are caused by repetitive movement and poor ergonomics. Other causes include noise, vibration extreme temperatures, and pressure. Other occupational diseases that are common include skin conditions, hearing loss, and respiratory diseases. It is important to seek medical attention immediately in the event that you suspect you are suffering from an injury or illness related to railroad work. Your doctor will be able identify the problem and determine whether the filing of a lawsuit against your employer is appropriate. A knowledgeable lawyer who has experience in railroad accidents will help you determine if the injury to your health is significant enough to warrant compensation. If it is, you could be able to recover lost wages and medical expenses as well as pain and suffering, disfigurement, inconvenience and more. Another thing to think about is that employees have an incredibly short time to report a workplace accident or illness to their employers. This window of time differs by state. It's important to be aware that when you fail to submit your claim within the specified deadline, your right collect for the injury is lost. This means that the longer you delay the more difficult it will be to collect evidence and preserve testimony about the way your accident happened. This is especially true when you don't have an attorney on your side to assist you with the railroad's claims agents. They are experts who are paid to reduce the burden of the railroad to you and who often aren't willing to consider all your damages. This is why it's important to seek legal representation by a trained railroad injury lawyer as soon as you realize that your work has caused you to become sick or injured. An experienced lawyer will ensure that all the losses you sustained are covered in any FELA lawsuit. Cumulative Trauma Injury (CTI) Railroad workers are typically at risk for serious injuries that could cause long-term damage to their lives and careers. These injuries may result as a result of particular accidents, such as falling and breaking a bone or as a result of repeated stress, such as exposure to loud noises or whole body vibrations. Railroad employees can seek compensation through the Federal Employers' Liability Act. It stipulates that railroad employers are required to give their employees an environment that is safe and eliminate unsafe conditions. Cumulative trauma injury (CTI) is a common type of railroad accident that is legal that can be caused by years of exposure to harmful working conditions. This can be due to exposure to vibrations, toxins and noise. Unhealthy working conditions can result in chronic and lasting injuries that could limit a railroad worker’s ability to perform their duties and impact on their quality of living. The most frequent CTIs include carpal tunnel syndrome, tendinitis, and shoulder injuries. It is crucial to immediately notify your doctor of any CT injuries. This will enable your doctor to identify the condition and begin the treatment process. Symptoms of Cumulative Trauma Disorders can manifest months or even years following the initial accident and may include pain, tenderness, swelling, tingling or numbness, loss mobility or coordination, inflammation, and stiffness in the area affected. X-rays and MRI or magnetic resonance imaging are a good option to determine the cause of the disorder. A thorough medical history and examination of the symptoms is needed for the diagnosis of the condition. This should be accompanied by a thorough examination of the affected area. Depending on the severity of the problem the diagnostic methods could include X-rays to identify bone involvement, MRI or magnetic resonance imaging and ultrasound to see soft tissues. If a doctor correctly diagnoses an employee suffering from an injury that is cumulative, the employee will be entitled to receive benefits under FELA. However these claims are typically difficult to prove and could be more challenging for insurance companies and employers because the link between the work and the injury is not always clear. Comparative Fault Railroad workers may be eligible for compensation if they are injured on the job. This is done under Federal Employers' Liability Act. To be eligible for compensation, the railroader has to prove that the railroader was negligent and caused their injuries. This could be due to the fact that the railroad failed to provide them with adequate support in training, support, or a safe and secure place to work. Under the FELA statute, there is a scheme of comparative negligence that tries to determine the extent to which a worker was responsible for their injuries. This is used to lower the amount that railroads must pay in a lawsuit. The railroad usually tries to reduce the amount of compensation they have to pay out in a lawsuit , by claiming that the worker was in part at the fault. This is due to the fact that they then be required to pay less in a verdict. It is important to keep in mind that this may not be the case. Sometimes, the railroad could be entirely responsible for the injuries they cause their employees. This is because railroads typically violate safety laws that must be adhered to. This includes the Locomotive Inspection Act, the Safety Appliance Act and other regulations related to automobiles, engines and railroad safety. Another legal issue that can impact the case of a railroad accident is the concept of contributory negligence. This doctrine states that injured workers cannot recover if they have been exposed to workplace hazards or have done something that increases their chances of injury. In Georgia the state of Georgia, railroaders can get compensation for their injuries when they prove that the railroad was in any way negligent. This could be because they failed to provide a safe work environment and the appropriate equipment or tools or inadequate job instructions, or they did not receive adequate assistance or training.