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Are Railroad Injuries Legal? If you or a loved one was injured in a railroad accident, it's crucial to seek legal assistance. To protect your rights to claim legal representation as soon a possible. The Federal Employers' Liability Act (FELA) is an act of the federal government that permits railroad workers who have been injured to bring lawsuits against their employers. This gives them the option to hire their own lawyers as well as gather evidence and interview witnesses. Federal Employers' Liability Act, (FELA). In recognition of the inherent dangers associated with the railroad industry, Congress passed the Federal Employers' Liability Act (FELA) in 1908. FELA is different from the state laws on workers' compensation in that it permits injured workers to sue his or her employer for injuries suffered while working. Under FELA an injured employee could sue a railroad, its agents or other employees for injuries resulting due to negligence. The injured person must prove that the railroad was responsible for his or her injury, which is not the case with workers' compensation claims. Another significant difference between a traditional workers' compensation claim and an FELA claim is that the FELA settlement or judgment will be decided in accordance with pure comparative negligence rules. If you are found to be partially responsible for your injury, then any settlement or judgment will be reduced by the percentage. As a result, railroad workers who have been injured should never settle his or the FELA claim before consulting with an experienced FELA lawyer. An experienced attorney can evaluate your case and ensure you receive all the compensation you are entitled to. An experienced FELA attorney can help you get the maximum amount of the money permitted by law. An experienced FELA lawyer will be able to defend your rights and make sure you get the benefits you deserve. The FELA is in effect for more than a century and has played a pivotal role in influencing railroad companies to adopt safer equipment and work practices. Despite these advancements machine shops, rail yards, and train tracks remain some of the most dangerous locations in the nation. But the FELA provides legal protection to millions of railroad workers injured at work every year. Work-related Diseases Anyone who is employed in dangerous work environments can be affected by occupational diseases. They can result in serious injuries and illnesses, that may require medical attention as well as loss of income or other financial losses. Most occupational diseases are caused by exposure to toxic chemicals such as lead, beryllium and other heavy metals. However, there are diseases that are result of repetitive movements or poor ergonomics. Other causes include exposure to extreme temperatures, pressures, vibrations and noise. Other occupational diseases that are common include hearing loss, skin conditions and respiratory illness. It is imperative to seek medical attention promptly if you suspect that you have an injury or illness related to work in the railroad. If you do, your doctor can provide a medical diagnosis and evaluate whether a lawsuit against your employer is the right thing to do. A skilled railroad injury lawyer can help you determine whether the injury to your health is sufficient to warrant compensation. If it is, you could be eligible to receive compensation for lost wages, medical expenses , disfigurement, pain and suffering, inconvenience, and other damages. Another thing to be aware of is that employees only have a a short time frame to report workplace injuries or diseases to their employers. This time limit differs from one state to the next. It is important to know that your right to file a claim for the injury will be forfeited if you do not make a claim within the specified timeframe. This means it's more difficult to gather evidence and preserve witness testimony about the incident than if you put off filing your claim. This is especially true when you do not have an attorney on your side to help you deal with the railroad's claims agents. Those agents are professionals who are paid to minimize the railroad's obligation to you and who often refuse to take into account all of your damages. This is why it's essential to seek legal advice from a professional railroad accident lawyer the moment you realize that your work has caused you to become sick or injured. A knowledgeable attorney will ensure that all losses sustained 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 effects on their careers and lives. These injuries can result because of specific accidents, such as breaking or falling on a bone or as a result of repetitive stress, such as exposure to loud noises or even body vibrations. The Federal Employers' Liability Act (FELA) is one of the ways that railroad employees can seek compensation for injuries. It states that railroad employers are obliged to provide safe working conditions and remove unsafe conditions. Cumulative trauma injury (CTI), a common type of railroad injury, could be caused through years of working in unsafe conditions. These conditions could include exposure to toxins, vibrations, and noise. Working conditions that are unsafe can result in permanent and long-term injuries that could restrict a railroad worker's ability to do their job and have a negative effect on their quality of living. Some of the most common CTIs include carpal tunnel syndrome, tendinitis, and shoulder injuries. If you suffer from a CT injury, it's important to report the injury immediately. This will enable your doctor to diagnose the problem and begin the treatment process. The symptoms of Cumulative Trauma Disorders can manifest months or even years following the initial injury and could include tenderness, pain, tingling, edema in the legs, numbness or loss of mobility or coordination, inflammation and stiffness in the affected area. X-rays as well as MRI or magnetic resonance imaging are a good option to determine the cause of the condition. A thorough medical history and review of symptoms is required in order to diagnose the condition. This should be accompanied by an exhaustive examination of the affected limb. Based on the severity of the problem the diagnostic procedures could include X-rays to identify bone involvement, MRI or magnetic resonance imaging, and ultrasound to visualize soft tissues. If a doctor is able to correctly diagnose a worker suffering from an injury that causes cumulative trauma, they'll be eligible for benefits under FELA. These claims may be difficult to prove and may be more difficult for insurance companies and employers due to the absence of a link between the injury and the job. Comparative Fault If a railroad worker is injured while working, they may be entitled to compensation for their injuries. This is governed by the Federal Employers' Liability Act (FELA). In order to receive compensation the railroader has to prove that the employer was negligent and this caused them to be injured. This could be the result of the railroad not providing the workers with a safe working location, the right equipment, or training, or support. Under the FELA law, there is a system of comparative negligence that attempts to determine how much the worker is responsible for their injuries. This scheme is used to reduce the amount railroads have to pay in a suit. railroad worker injury is usually able to limit the amount of compensation that they must pay out in a lawsuit , by claiming that the worker was partially at blame. They'll have to pay less in a jury verdict. However it is crucial to keep in mind that this is not always the situation. Sometimes, the railroad could be 100% at fault for injuries they cause their employees. This is due to the fact that the railroad is usually in violation of several of safety laws that are required to be followed by the railroad. This includes the Locomotive Inspection Act, Safety Appliance Act and other regulations related to engines, cars and safety of railroads. Another legal issue that can impact a railroad injury case is the concept of contributory negligence. This doctrine holds 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 the state of Georgia, railroaders can be compensated for their injuries if they can prove that the railroad was in some way negligent. This could be a result of not giving them a safe area to work, the right equipment or tools, or a poor job briefing or adequate help or training.