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Railroad Injuries Compensation The Federal Employers Liability (FELA) could protect railroad workers. A successful FELA claim could pay for medical treatment as well as lost wages and suffering and pain. Injuries to railroad workers are common, and they can have lasting effects on your body. They can also have a serious impact on your life and finances. FELA If you are an employee of a railroad firm, or are the surviving family member of someone who passed away due to a work-related injuries, you could be eligible for financial compensation under the Federal Employers Liability Act (FELA). You may be eligible for compensation for future or past pain, suffering, mental anxiety or loss of companionship. To file a claim under the FELA you must demonstrate that the employer was negligent in the way that caused your injuries. This standard is less stringent than what you'd need for a personal injury claim. It is sometimes referred to as 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 are also required to adhere to certain safety standards laid out by federal and state laws. If you've been injured on the job and believe that your injuries were caused by the railroad's negligence, it is important to seek medical attention as quickly as possible. This is important as the sooner you are treated for your injuries, the less severe they'll be. After you've received the care you require, you should consult an experienced FELA lawyer to help you navigate the process. The presence of a legal advisor at your side can make it easier for you to obtain the amount of compensation you're entitled to, and can also improve your chances of winning a lawsuit against the railroad company. Another reason to choose counsel is that there are certain deadlines for filing an action under FELA. The majority of claims cannot be filed within three years of the date of injury. It is important to talk to 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 help you determine 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 provides a higher level of financial compensation than traditional workers who are not railroaders, and is intended to encourage railroad companies to take action to ensure that their workplaces are secure. Occupational Safety and Health Administration The Occupational Safety and Health Administration is a federal agency. It was established by Congress in 1970 to help reduce accidents and illnesses caused by work. Its mandate is to protect workers' rights by providing safe working conditions in the workplace, through training, outreach and education. OSHA is a regulatory agency, which means that it depends on the compliance of employers to enforce its rules. Employers who do not comply with OSHA rules can be punished or fines. OSHA inspects industrial facilities in the United States, in addition to enforcing OSHA standards. These inspections can be conducted in response to serious workplace accidents and hospitalizations for multiple workers, worker complaints and referrals, as a well as other issues that could compromise the safety of employees. Depending on the location of the industrial facility, OSHA will issue warnings or citations to employers not in compliance with the laws and guidelines it establishes. OSHA provides grants for employers to help pay for expenses such as safety equipment and training. OSHA works with labor unions, employers and other stakeholders to formulate standards and requirements that can be applied 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 adhere to these standards and regulations to reduce or eliminate workplace hazards and to prevent injuries and illnesses. Employers must instruct their workers in the ways to recognize hazards and report them, as well as how to avoid accidents. As OSHA regulates the majority of private-sector companies and their employees It applies its standards to a wide range of industries. It does not regulate employees who are self employed or work for family members who have no other employment. Railroad workers are among the most vulnerable to injury and illness in the United States, with a death rate that is double that of other workers. Their jobs require long hours, intense work and physical exertion. Despite advances in technology that have decreased the number of deaths at work and illnesses, injuries sustained by railroad workers are still a major danger to the lives of workers. Railway Workers' Compensation Act (RWP) Railroad workers are entitled to claim compensation for work-related injuries and illnesses under the Railway Workers' Compensation Act (RWPA). It applies to all railroad employees, including those who work on the company's property, and those who work for interstate companies. The law allows injured or fatally injured workers to recover damages for their mental, physical and emotional suffering, as well as non-economic losses. This includes medical expenses, lost wages as well as rehabilitation and training. Additionally, intangible losses like mental anguish or a lowered quality life. One of the major differences between the FELA and workers' compensation is that the injured worker must to demonstrate that the negligence of their employer caused the accident, instead of being automatically eligible to benefits of the comp system. 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 can't receive any benefits under workers' compensation. Accident Injury Lawyers of cases FELA and workers' compensation is that FELA cases are typically decided by juries, while workers' compensation cases are typically resolved through a settlement with the employer. This is due to FELA is a strict liability law which means that the injured worker must demonstrate that the negligence of their employer was the sole cause of the accident. These cases are often complicated and complex, so they are best handled by an experienced attorney who knows the ins and outs of these types of cases. It is crucial to consult an attorney as soon as you or someone you are caring for has been injured working in the railroad industry. A bill was introduced by Congress to tighten rules for freight trains that transport hazardous materials. This follows the derailment that occurred in December 2017 on the Norfolk Southern train. Railroads would be required to create emergency response plans and inform the state emergency commissions whenever a train carries hazardous material. It will also increase the maximum penalty a railroad could be subject to for safety violations from $225,000 to 1 percent of its annual operating income. Statute of Limitations The Federal Employers Liability Act (FELA) provides railroad employees with the legal right to seek compensation for injuries and illnesses caused by the negligence of their employer. However, FELA is not worker's compensation, and unlike state laws regarding workers' compensation that require an employee to show that the railroad acted in a negligent or reckless manner , and that this caused the injury. Railroad claims are subject to a three-year statute of limitations starting from the date of injury. Failure to file a claim within this time frame will result in the dismissal of your lawsuit and you may not be awarded any compensation for your injuries. Many of the railroad-related injuries and illnesses are a result of long periods of time. For instance cancers that result as a result of exposure to toxic chemicals such as asbestos, diesel fumes, creosote and silica will not appear until some time after an employee of a railroad was exposed to these dangers in the workplace. This latency period is the reason that the statute of limitations does not apply to these cases. This could happen, for instance when an employee was diagnosed with lung cancer in the year 2015 but was recently diagnosed with acute myeloidleukemia. Furthermore, the limitation period for occupational diseases does not start until a railroad employee has been diagnosed with an occupational disease and it is clear that negligence on the part of the railroad was a factor in the formation of the disease. This is applicable to lung cancer, lungfibrosis, and other asbestos-related diseases. The Statute of Limitations is important for railroad employees because it ensures that they can be compensated for injuries if a negligence suit is filed. It also ensures that evidence is not lost in the course of time. This is an important reason why railroads are required to inform their employees injured of any injuries that could occur within a specific time frame after the injury has occurred.