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Are Railroad Injuries Legal? If you or someone close to you was injured in a train accident, you must get legal representation. It is important to do this immediately to ensure your rights are protected. Federal Employers' Liability Act (FELA) is a federal law, permits railroad workers who are injured to file lawsuits against their employers. They are able to hire their own lawyers, gather evidence, and depose witnesses. Federal Employers Liability Act (FELA) In recognition of the inherent dangers inherent to the railroad industry, Congress passed the Federal Employers' Liability Act (FELA) in 1908. FELA is a different law than state workers' compensation laws because it allows injured employees to sue their employer for injuries sustained during their work. FELA allows injured employees to sue railroad companies, their agents and other employees for injuries resulting from negligence. Unlike workers' compensation claims however, an employee must prove that the railroad was liable for his or her injury. Another major distinction between a regular workers compensation claim and an FELA claim is that a FELA settlement or judgment is determined by pure comparative negligence rules. If you are found to be partially responsible for your injury, any settlement or judgment will be reduced by the percentage. An injured railroad worker should not settle their FELA case without consulting an experienced FELA lawyer. An experienced lawyer can evaluate your case and make sure you get all the damages you are entitled to. An experienced FELA attorney can help you recover the maximum amount of the money permitted by law. A seasoned FELA attorney will also be able to fight for your rights and make sure that you are able to get the benefits you need. The FELA has been in force for more than a century and played a significant role in urging railroad companies to adopt safer methods of working and equipment. Unfortunately, despite these advances, train tracks as well as rail yards and machine shops remain among the most dangerous workplaces in the United States. However the FELA provides legal protection for millions of railroad workers who are injured on the job every year. Occupational Diseases Anyone who is employed in dangerous jobs can be affected by occupational diseases. They can lead to serious injuries and illnesses, which could require medical care, loss of income, or other financial damage. Most occupational diseases involve exposure to hazardous chemicals such as beryllium, lead and other heavy metals. There are also diseases that can be caused by repetitive movements and poor ergonomics. Other causes include noise, vibration, extreme temperatures and pressure. Other occupational diseases that are common include hearing loss, skin conditions, and respiratory illness. Whether you have an illness or injury that you believe is due to your railroad job is crucial to seek medical attention promptly. If you have a medical issue, your doctor will make a medical diagnosis and determine whether a lawsuit against your employer is appropriate. A skilled railroad accident lawyer can assist you in determining if the damage to your health is sufficient to qualify for compensation. If so, you may be eligible to receive compensation for lost wages, medical costs, the pain and suffering, disfigurement or inconvenience, as well as other damages. Another thing to take into consideration is that workers have only a short period of time to report a workplace injury or disease to their employers. This time limit varies from one state to the next. It is important to know that in the event that you don't submit your claim within the time period, your right to collect for the injury is forfeited. This means that the longer you delay the more difficult it will be to collect evidence and preserve the testimony of the way your accident happened. This is especially true when you do not have an attorney to help you deal with the railroad's claims agents. These are professionals who are paid to limit the liability of the railroad to you and will often not take into account the totality of your losses. This is why it's important to seek legal representation from a professional railroad accident lawyer the moment you realize that your work has caused you to become sick or injured. A skilled attorney will make sure that all damages that you suffer are covered in any FELA lawsuit. Cumulative Trauma Injury (CTI) Railroad workers are at a high risk of serious injuries that can have long-lasting consequences for their careers and lives. These injuries can result because of specific accidents, such as falling and breaking a bone, or because of repeated stress, such as exposure to loud noises or body vibrations. The Federal Employers' Liability Act (FELA) is one of the ways railroad workers can seek compensation for injuries. It states that railroad employers have a duty to give their employees an environment that is safe for them to work in and eliminate unsafe conditions. Cumulative trauma injury (CTI), a common type railroad injury, can be caused by years of work in unsafe conditions. These conditions can include exposure to toxins, vibrations and noise. Negative working conditions can cause chronic and lasting injuries that can limit a railroad worker’s ability to perform their duties and have a negative effect on their quality of living. CTIs which are the most common include tendinitis, carpal tunnel syndrome, and shoulder injuries. If you're suffering from an CT injury, you must to report the incident immediately. This will allow your doctor to properly identify the problem and begin the treatment process. Cumulative Trauma Disorders symptoms can appear weeks or even years after an accident. They may manifest as the appearance of edema, tenderness and weakness. To determine the severity of the disorder, X-rays MRI or magnetic resonance imaging are useful. A doctor can correctly diagnose the problem if a detailed medical history and a review of symptoms are given as well as an extensive physical examination of the affected area. Based on the severity of the condition the diagnostic methods could include Xrays to determine bone involvement, MRI or magnetic resonance imaging as well as ultrasound to examine soft tissues. If a doctor correctly diagnoses a worker suffering from a chronic trauma disorder, they will be eligible for benefits under FELA. However these claims are usually difficult to prove and can be more difficult for insurance companies and employers due to the fact that the connection between the work environment and the injury is not always clear. Comparative Fault Railroad employees may be entitled to compensation if injured on the job. This is governed by the Federal Employers' Liability Act (FELA). To be railroad accident lawyer near me georgia for compensation, the railroader must prove the employer was negligent and that they caused their injuries. This could be as a result of the railroad not providing workers with a safe work place, proper equipment, or training, or support. Under the FELA statute, there is a comparative negligence system which tries to determine the extent to which a worker was responsible for their injury. This is used to reduce the amount the railroad must pay in the event of a lawsuit. The railroad usually tries to limit the amount compensation that they must pay out in a lawsuit by alleging that the worker was in part at blame. They will then have to pay less in a jury verdict. However it is crucial to keep in mind that this may not always the situation. Sometimes railroads are 100 100% accountable for injuries sustained by their employees. This is because the railroad is often in violation of a range of safety laws that have to be adhered to by the railroad. These include the Locomotive Inspection Act, Safety Appliance Act, and other regulations regarding engines, cars, and railroad safety. A contributory fault is another common legal issue that could affect the case of a railroad accident. This doctrine states that injured workers cannot be compensated if the injured worker is knowingly exposed to hazards at work or have acted in a way that increases their chances of suffering injury. Railroaders in Georgia may be compensated for their injuries when the railroad is found to have been negligent. It could be because they failed to offer a safe workplace or the right equipment or tools or poor job briefing, or if they didn't receive the proper assistance or training.