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How to File a Railroad Injuries Claim If you or someone you love has been injured in an accident on the railroad, you may be able to file an action. This is possible in the federal or state courts. Railroad employees can sue their employers under the Federal Employers Liability (FELA) for injuries that result from unsafe working conditions, or safety violations. This unique federal law has helped tens of millions of people recover from their losses. FELA Federal law, the FELA safeguards railroad workers who suffer injuries or even death while working. They are exempt from state laws on workers' compensation, and can sue their employer for any damages they sustain as a result. The statute of limitations for filing a FELA claim is three years from the date of injury although it may take longer for an employee to notice an injury or claim it was caused by work. Railroad employees who fail to submit a claim within the specified time frame will likely lose their claim. Under FELA the law, you don't need to demonstrate negligence on the part of the employer; all you have to show is that they violated a safety law or regulation. This reduces your burden of proof and makes proving liability simpler. It also eliminates the defense of assumption of risk, which is a further bar to recovery. It is essential to have a seasoned lawyer representing you in these types of cases. Attorney Shawn Carey has a reputation for going to trial in cases and is knowledgeable about the nuances of FELA claims. He can demonstrate that the railroad did not provide a safe place to work. If necessary, he can maximize your compensation through an agreement or trial. If AccidentInjuryLawyers or a loved one was injured in a railroad accident, contact the Carey Firm today to receive a no-cost consultation and to discuss your legal options. The firm represents railroad workers in FELA claims. They have more than 20 years of experience in helping railroad workers seek compensation for their losses. FELA is an important legal tool that will allow you to maximize your compensation for injuries or the loss of a loved one. To ensure that you receive the maximum amount of compensation for your losses or injuries it is imperative to speak with an FELA lawyer immediately following an accident. FELA is different from workers' compensation , and it requires that you prove that the employer acted negligently in the incident. It can be difficult to do especially if you were not in the presence of witnesses. It can be a challenge to prove that the employer failed to offer a reasonably secure working environment. This is why it's crucial to seek out the advice of an experienced FELA attorney who understands how to get over these hurdles and maximize your claim. Negligence Railroad workers are able to make an FELA lawsuit against their employer in the event that they are injured while working. Contrary to workers' compensation which only covers injuries sustained at work, FELA provides damages for any type of injury or death caused by the negligent conduct of the railroad company. In order to succeed with a FELA injury claim the plaintiff must demonstrate that their employer/railroad was negligent and that their negligence was the cause in causing their injury. This is a difficult standard to prove and one that many FELA attorneys fail properly to argue. An experienced FELA attorney is crucial to your success when pursuing the FELA injury case. Having a qualified attorney will help you “make your case” for the fact that your employer was negligent and their actions were the primary cause of your injuries. A lot of railroads try to cover up or erase evidence that suggests negligence on their employees. It is essential to have a seasoned FELA lawyer by your side to help you find the evidence you require. Another important factor in the process of preparing a FELA claim is how much fault you are liable. The award will be a lesser amount of compensation in the event that you're found partially responsible for your injuries. You can still get full compensation in the event that the railroad was negligent or played a significant role in your injury. Railroad workers can also assert a claim against a manufacturer of a defective track or train component that caused their accident. This is particularly the case when a mechanical issue is responsible for an accident, which could be caused by a poorly maintained train or defective parts on the railroad tracks. Damages You are entitled to seek compensation if injured in a train accident or while working on trains. You can claim damages for medical expenses, lost wages and permanent disability. You also have the right to damages for suffering, pain, emotional distress, and loss of enjoyment of your life. To be able to recover under FELA you must demonstrate that the railroad was obligated to you for safety and that it breached this obligation. This includes the obligation of the railroad to ensure that cars, locomotives or other machinery are free from hazardous conditions or hazards. This includes ensuring workers have access to tools, equipment and other items that are essential. However, in the immediate following an accident involving an employee of the railroad it is quite common for the claim representatives and the attorneys of the company to immediately begin working to lower the value of the victim's case. The more the railroad is able to argue that it is responsible for the accident or other defenses that it can, the less value of the case and it is likely that the railroad will not be held responsible for all the damages awarded in a jury trial. In the end, it is essential that the worker report all of the facts to his attorney. This includes any potentially dangerous or hazardous conditions that were present at the time of the incident like accumulated oil pools in the locomotives or other equipment. After you have provided all the details to an attorney an attorney will determine the amount of damage you can recover. This includes economic damages like medical bills or lost wages. The amount you are entitled to depends on the severity of the injury, and also the statute of limitations for your state. In most cases, a claim must be filed within three years from the time of the accident. Failure to comply with this deadline could lead to the rejection of your claim and you losing any compensation. Time limit The Federal Employers Liability Act (FELA) which provides a three-year statute of limitations for railroad injury claims, places a three-year time limit on filing them. Failure to make a claim within the deadline could result in your inability to recover compensation for your injuries. FELA compensates injured workers for damages that are more than the workers' compensation portion. Rather, FELA compensates them for their suffering and pain, loss of quality of life, and the costs of medical care in the future. If you are killed in an accident at work, it can be used to pay medical expenses, rehabilitation costs, funeral expenses, lost wages and funeral expenses. FELA is also a great option for claims involving catastrophic injuries, like traumatic brain injuries and spinal cord injuries since it covers the cost of long-term care as well as the loss of your wages. The courts take into consideration a variety of factors in determining the date at which the FELA statute runs out. For instance, if you were unable to seek treatment due to stress at work, the delay can be taken off of your three-year statute of limitations window. Another important aspect to consider is how to recognize an illness or injury, and when it will begin to affect your quality of life. A lot of these kinds of injuries and illnesses occur over time as a result of repeated trauma or exposures within the workplace. It is important to seek medical attention immediately after an accident. An early diagnosis can aid in determining the opinion of the railroad and its insurers on your case. It is also important to keep track of the time you're absent from work due to the injury, what kinds of treatments you require and when you can return to work. This information will help your attorney in the process of looking into your claim. The three-year FELA statute is similar to the Tennessee state law time frame for personal injury claims. It is crucial that your railroad injury claim is filed within the timeframe. A knowledgeable attorney can assist you recover all damages.