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Railroad Injuries Compensation If you are railroad employee Your rights may be protected under the Federal Employers Liability Act (FELA). railroad accident lawyer could pay for medical treatment loss of wages, suffering and pain. Railroad workers can suffer injuries that could be severe and last for a lifetime. They can also cause serious life-threatening and financial consequences. FELA If you are an employee of a railroad company or are the survivor family member of someone who passed away due to a workplace injuries, you may be entitled to financial compensation under the Federal Employers' Liability Act (FELA). You may be eligible for compensation for past or future suffering, pain, mental distress, or loss of companionship. To file a claim under FELA it is necessary to prove that the employer was negligent in the way that caused your injuries. This standard is lower than what you would need to meet in a traditional personal injury lawsuit, and is often called a “featherweight” burden of evidence. Railroad companies are required by FELA to ensure that their employees are safe in all conditions and at all times. They must comply with the safety standards set by state and federal laws. If you have been injured while working and believe that your injuries were caused by railroad's negligence, it is important to seek medical attention as quickly as you can. This is important since the sooner your injuries are evaluated and treated, the less severe they are likely to be. After you have received the treatment you require, you should consult an experienced FELA lawyer to guide you through the process. Legal counsel can help you obtain the money you need and increase your chances of winning a case against the railroad company. Another reason for naming counsel is the fact that there are certain time limits for filing claims under FELA. Most claims can only be filed within three years of the date of injury. It is essential to speak with an experienced FELA attorney if you or someone you love has been hurt at work. These lawyers can assist you navigate the legal process, clarify your rights, and determine whether you're entitled to a case. FELA is a federal law that applies to railroad employees and anyone who works on the railroad's property. It provides higher levels than traditional workers pay for railroad employees and is intended to encourage railroad companies to make their workplaces more secure. Occupational Safety and Health Administration (OSHA) The Occupational Safety and Health Administration (OSHA) is an agency in the federal government established by Congress in 1970 with the purpose to reduce the incidence of workplace injuries and illnesses. Its mandate is to defend workers' rights by providing safe working conditions , as well as providing training, outreach and education. OSHA is a regulatory agency. This means that it is reliant on employers to abide by its rules. If an employer does not comply with OSHA rules, they could be fined or face legal consequences. In addition to enforce OSHA standards, OSHA also conducts inspections of industrial facilities in the United States. These inspections are carried out in response to serious workplace accidents, multiple worker hospitalizations, worker complaints, and referrals in addition to other issues that could compromise the safety of workers. OSHA can issue citations or warnings depending on the location of an industrial facility to employers that aren't following the guidelines and laws it has set. OSHA also offers grants for employers to help them in the cost of safety equipment and training. OSHA works in partnership with employers, unions, and other stakeholders in the development of standards and requirements that apply to specific workplace environments. These standards and requirements are result of research conducted in the workplace, and also on the input of experts in the field. Employers must follow these standards and regulations to minimize or eliminate workplace hazards, and prevent injuries and illnesses. Employers should also educate their employees on how to identify and report dangerous situations, and to prevent accidents. As OSHA regulates the majority of private sector businesses and their employees It applies its standards to a variety of industries. It does not regulate employees who are self-employed or working for family members who have no other employment. Railroad workers are among the most prone to injury and illness in the United States, with a death rate twice as high as other types of workers. Because their jobs require them to work for extended periods, do strenuous activities, and physically demanding, this is the reason they are at risk. Despite the technological advances that have decreased the number of workplace deaths however, railroad injuries remain serious danger to workers' lives. Railway Workers' Compensation Act (RWP) Railroad workers have the right to claim compensation for work-related injuries and illnesses under the Railway Workers' Compensation Act (RWPA). It applies to all railroad employees, not just those who work on the premises of their company , or for interstate companies. Workers who are fatally or seriously injured may seek compensation for their emotional, mental physical, and emotional suffering. This includes loss of wages, medical expenses loss of income, rehabilitation and retraining, and intangibles like mental stress and diminished quality of life. One of the main differences between the FELA and workers' compensation is that the injured person has to demonstrate that the negligence of their employer caused the injury, rather than being automatically entitled to the benefits of the workers' comp system. This is crucial because injured workers may not have sufficient evidence to prove that their employer was responsible for the injury. Workers therefore cannot receive benefits from workers' compensation. Another difference between FELA & workers' comp is that FELA cases are usually resolved by juries whereas workers' compensation cases are usually resolved through settlement. This is due to the fact that FELA is the strict liability law requires injured workers to prove that their employer was negligent in the cause of the accident. These cases can be complex and difficult, so it is recommended to hire an expert attorney who is familiar with these kinds of cases. If you or someone close to you is injured while working in the railroad industry, you need to speak with an attorney as soon as possible to understand your rights and protect them. In the aftermath of the fatal Norfolk Southern train derailment in December 2017 Congress has introduced a bill that would tighten regulations for freight trains that carry hazardous materials. It would require railroads create emergency response plans and inform state emergency commissions if trains are carrying dangerous material. It will also increase the maximum fine a railroad could be subject to for safety violations from $225,000 to one percent of its annual operating income. 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. However, FELA is not worker's compensation, and unlike state laws on workers' compensation the law requires employees to show that the railroad acted in a negligent or reckless manner that led to the injury. The statute of limitations for railroad claims is three years from the date of injury. Failure to make a claim within the time period will result in the dismissal of your claim and you may not be awarded any compensation for your injuries. Railroad injuries 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 instance, do not manifest until after a few decades have passed since the railroad worker was exposed. This is the reason the statute of limitations for these types of cases does not start until the employee has actually been diagnosed with an illness or injury that was related to his work. This could happen, for instance, if an employee is diagnosed with lung cancer in 2015 however, he has been recently diagnosed with acute myeloidleukemia. In addition the time limit for occupational ailments does not start until a railway worker has been diagnosed with an occupational disease and it is obvious that negligence of the railroad was a factor in the progress of the disease. This applies to lung cancer, lungfibrosis, as well as other asbestos-related ailments. Railroad workers are important because the Statute of Limitations ensures that they can be compensated for their injuries in the event of a negligence lawsuit is brought. It also ensures that the evidence is not lost over time. Railroads are legally required to inform injured employees within a predetermined time period after an injury occurs.