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Railroad Injuries Compensation If you are an employee of a railroad you may be protected by the Federal Employers Liability Act (FELA). A successful FELA claim may be able to pay for medical treatment, lost earnings, suffering and pain. Railroad workers may suffer injuries that can be severe and last a lifetime. They can also have a significant impact on your financial and personal life. FELA If you are an employee of a railroad firm, or are the survivor family member of a person who passed away due to a injuries sustained in the workplace, you could be eligible for financial compensation under the Federal Employers Liability Act (FELA). You can seek compensation for future or past suffering, pain, mental distress, or loss of companionship. To be able to bring a claim under FELA it is necessary to prove that the employer was negligent in the causing of your injuries. This standard is lower than what you'd need for a personal injury claim. It is often called a “featherweight burden of evidence”. Railroad companies are required by FELA to ensure that their employees are safe in all situations and at all times. They must also adhere to safety standards set by state and federal laws. Therefore, if you've suffered an injury on the job and believe that your injuries were the result of the railroad's negligence, it is important to seek medical attention as soon as possible. This is essential since the sooner your injuries are evaluated and treated, the less severe they are likely to be. After you've received the care you require, you should consult an experienced FELA attorney to help navigate the process. Legal counsel in your corner will assist you to receive the compensation you deserve. It can also improve your chances of winning a lawsuit against the railroad company. Another reason to have designated counsel is the fact that there are several time limits to file claims under the FELA. Most claims cannot be filed within three years from the date of injury. If you or someone you know has been injured at work, workplace, it is important to discuss your options with an experienced FELA attorney whenever you can. These lawyers can assist you navigate the legal process, clarify your rights and whether you're in a position to pursue a claim. Federal law FELA covers all employees of interstate railroads, as well as anyone who works on railroad property. It offers a higher level than traditional workers' compensation for railroaders and is designed to help railroad companies to make their workplaces safer. Occupational Safety and Health Administration The Occupational Safety and Health Administration is a federal agency. It was established by Congress in 1970 to reduce accidents and illnesses caused by work. Its goal is to safeguard workers' rights to work in a safe environment and training, as well as outreach and education. OSHA is an organization that regulates. This means that it is dependent on the compliance of employers to enforce its regulations. If an employer violates OSHA rules, they could be fined or face legal penalties. In addition to enforce OSHA standards, OSHA also conducts inspections of industrial facilities within the United States. These inspections can be done in response to serious workplace incidents, multiple worker hospitalizations, worker complaints, referrals, as a well as other issues that could threaten the safety of workers. Depending on the location of the industrial facility, OSHA will issue warnings or citations to employers not in compliance with OSHA's laws and guidelines it establishes. OSHA provides grants for employers to assist with expenses like safety equipment and training. AccidentInjuryLawyers with employers, labor unions and other stakeholders to formulate standards and requirements that can be applied to specific workplaces. These standards and requirements are result of research conducted in the workplace and also on the input of experts in the field. These guidelines and standards should be adhered to by all employers to minimize or eliminate the risk of job-related hazards and prevent workplace injuries and illnesses. Employers should also train their employees on how to recognize and report hazardous conditions, and also how to take precautions to avoid accidents. As OSHA regulates the majority of private-sector companies and their employees and their employees, it applies its standards to a wide range of industries. However, it doesn't regulate employees who are self-employed or who work for immediate family members that do not have jobs outside of their home. Railroad workers are among the most prone to illness and injury in the United States, with a death rate that is more than twice the rate of other types of workers. This is due to the fact that their jobs require long hours of work, strenuous activities and physically demanding work. Despite advances in technology that have decreased the number of deaths at work, railroad injuries still pose serious danger to workers' lives. Railway Workers' Compensation Act (RWP) The Railway Workers' Compensation Act (RWPA) provides railroad employees the option of receiving compensation for any work-related injury and illnesses that they sustain. It is applicable to all railroad employees, including those who work on the property of their company or for interstate companies. The law permits injured or fatally injured workers to claim damages for their physical, mental and emotional suffering, as well as non-economic losses. This includes lost wages, medical expenses lost income, rehabilitation and training. Also, it covers intangibles like mental anguish or a lower quality of life. The primary difference between workers' compensation and the FELA is that injured workers must be able to prove that their employer caused the accident. Workers' comp benefits aren't automatically available to them. This is crucial because in some cases, the injured worker might not have enough evidence to prove that their employer negligence caused the injury, and therefore aren't eligible to receive benefits under workers' comp. Another difference between FELA and workers' compensation is that FELA cases are typically decided by juries whereas workers' compensation cases are usually resolved through the settlement process. This is because FELA is an act of strict liability, which means that the person who was injured must prove that their employer's negligence was the sole cause of the accident. These cases can be complex and difficult, so they should be handled by an experienced lawyer who knows the details of these types of cases. It is imperative to speak with an attorney right away if you or someone you are caring for has been injured working in the railroad industry. In the aftermath of the deadly Norfolk Southern train derailment in December 2017 Congress has introduced a bill that would tighten regulations for freight trains carrying dangerous materials. Railroads are required to develop emergency response plans and inform the state emergency commissions that trains are carrying hazardous material. It could also increase the maximum fine that railroads can be hit with for safety violations from $225,000 to 1percent of its annual operating revenue. Statute of Limitations The Federal Employers Liability Act (FELA) gives railroad employees with an legal basis to claim compensation for injuries and illnesses caused by the negligence of their employer. FELA is not worker's comp. Instead of state workers' compensation laws, railroad employees must prove that the railroad acted negligently or recklessly and caused their injuries. Railroad claims are subject to a 3-year statute of limitations starting from the date of injury. Failure to submit a claim within this timeframe will result in the denial of your claim and you may not be awarded any compensation for your injuries. Railroad accidents and illnesses can develop over a long period of time. Cancers that are caused by exposure to toxic chemicals such as asbestos or diesel fumes, as well as creosote, for example, won't develop until a few decades after the railroad worker was exposed. This period of latency is the reason the statute of limitations does not apply to these types of situations. For instance when an employee was diagnosed with lung cancer in 2015 (outside the statute) however, he or she has recently received an diagnosis of acute myeloid leukemia. In addition the time limit for occupational ailments does not start until a railroad employee has been diagnosed with an occupational illness and it is clear that the railroad's negligence contributed to the development of the disease. This is the case for lung cancer, lungfibrosis, and other asbestos-related diseases. Railroad workers are vital because the Statute of Limitations ensures that they can receive compensation for their injuries if an negligence lawsuit is filed. It also ensures that the evidence is not lost over time. This is one of the main reasons why railroads must inform injured employees of any injuries that could occur within a specific period of time after the injury occurs.