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Railroad Injuries Compensation If you are railway worker, your rights may be protected by the Federal Employers Liability Act (FELA). A successful FELA claim could pay for medical expenses or lost wages as well as pain and suffering. Railroad workers can suffer injuries that are severe and last a lifetime. They can also have severe life-threatening and financial consequences. FELA If you are an employee of a railroad firm, or are the surviving family member of a person who passed away as a result of an workplace injury, you may be entitled to financial compensation under the Federal Employers Liability Act (FELA). You can seek compensation for the past or future suffering, mental anxiety or loss of companionship. In order to file an action under the FELA, you must prove that the employer was negligent in the way of causing your injuries. This standard is lower than what you'd need to make a personal injury claim. It is sometimes referred as a “featherweight burden of evidence”. AccidentInjuryLawyers are required by FELA to ensure that their employees are protected in all conditions and at all times. They must also follow certain safety guidelines set forth by state and federal laws. Therefore, if you have suffered an injury on the job and believe that your injuries were caused by railroad's negligence, you must seek medical attention as fast as you can. This is important as the more you get treated for your injuries the less severe they will be. Once you've received the treatment you need, consult with an experienced FELA lawyer to help you navigate the process. Legal counsel can assist you in obtaining the compensation you need and increase the chances of winning a lawsuit against the railroad company. Another reason to choose counsel is the fact that there are specific deadlines for filing a claim under FELA. Most claims can only be filed within three years from the date of injury. It is essential to speak to an experienced FELA attorney if you or someone you love was injured at work. These lawyers can assist you navigate the legal process, explain your rights and if you have a case. FELA is an act of the federal government that covers employees of interstate railroads and those who work on railroad's property. It offers a higher amount of financial compensation than traditional workers who are not railroaders, and is designed to encourage railroad companies to take measures to ensure their workplaces are safe. Occupational Safety and Health Administration The Occupational Safety and Health Administration (OSHA) is a federal agency that was created by Congress in 1970 with the aim of reducing the number of work-related injuries and illnesses. Its mission is to protect workers' rights to work in a safe environment and training, as well as outreach and education. OSHA is a regulatory agency. This means that it relies on employers to adhere to its regulations. Employers who violate OSHA regulations can face penalties or fines. In addition to the enforcement of OSHA standards, OSHA also conducts inspections of industrial facilities in the United States. Inspections are conducted in response to serious workplace accidents, multiple employee hospitalizations, worker complaints and referrals, as well as other issues that threaten the safety of employees. OSHA can issue warnings or citations depending on the location of an industrial facility to companies that aren't following the guidelines and laws that it has enacted. OSHA also provides grants to employers to help with costs such as safety equipment and training. OSHA collaborates closely with labor unions, employers and other stakeholders to develop standards and requirements that are applicable to specific workplace environments. These standards and requirements are based on studies conducted in the workplace, with the assistance of experts in technical fields. These guidelines and standards must be adhered to by all employers to reduce or eliminate the chance of workplace hazards and help prevent workplace injuries and illnesses. Employers must also train their employees on how to spot and report hazardous situations, and to take precautions to avoid accidents. OSHA regulates all private-sector employers and their employees. It applies its standards to a wide range of industries. However, it does not regulate employees who are self-employed or who work for family members of the immediate vicinity who do not work outside of their home. Railroad workers are among those most susceptible to illness and injury in the United States, with a mortality rate that is twice as high as other types of workers. This is because their jobs require long hours, strenuous work and physical labor that is difficult. Despite advances in technology that have decreased the number of deaths at work and injuries, railroad accidents continue to pose a serious threat to workers' lives. Railway Workers' Compensation Act (RWP). The Railway Workers Compensation Act (RWPA) gives railroad workers the opportunity to receive compensation for any work-related injuries and illness that they suffer. It is applicable to all railroad employees, including those who work on their company's property, and those employed by interstate companies. Workers who are fatally injured can seek damages for their emotional, mental physical, and emotional suffering. This includes wage loss, medical expenses, lost income, rehabilitation and retraining, and intangibles, such as mental anxiety and a diminished quality of life. One of the most significant differences between FELA and workers' comp is that injured workers have to prove that their employer's negligence caused the accident, instead of being automatically entitled to the benefits of the workers' comp system. This is crucial because in certain instances, injured workers may not have enough information to establish that their employers negligence caused the injury and consequently, they aren't eligible for benefits under the workers' compensation system. Another difference between FELA & workers' comp is that FELA cases are usually decided by juries whereas workers' compensation cases are usually resolved through settlement. This is because FELA, the strict liability law requires injured workers to demonstrate that the employer was negligent in the causing of the accident. These cases are often complicated and complex, so they are best handled by an experienced lawyer who understands the particulars of these types of cases. If you or a loved one was injured when working in the railroad industry, you need to speak with an attorney immediately to understand your rights and to protect them. In the aftermath of the fatal Norfolk Southern train derailment in December 2017, Congress has introduced a bill that will make stricter regulations for freight trains transporting hazardous materials. It will require railroads to create emergency response plans and inform the state emergency commissions when trains are carrying dangerous material. It would also increase the maximum penalty that 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) gives railroad employees with legal grounds 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 on workers' compensation, it requires the employee to prove that the railroad was acting in a reckless or negligent way that caused injuries to them. The time limit for railroad claims is three years from the date of injury. Failure to submit a claim within this time frame could result in the denial of your claim and you could not receive any compensation for your injuries. Railroad injuries and illnesses can develop over a long period. For example cancers that arise as the result of exposure to toxic chemicals like asbestos creosote, diesel fumes and silica will not appear until about a year after an employee from the railroad has been exposed to these hazards in the workplace. This period of latency is the reason the statute of limitations doesn't apply to these kinds of situations. This could be, for example in the event that an employee was diagnosed with lung cancer in 2015 however, he has been recently diagnosed with acute myeloidleukemia. The statute of limitations for occupational ailments is not set until an employee of a railroad has been diagnosed with a condition and it is evident that the railroad's negligence contributed to the development the illness. This rule applies to lung cancer, lung fibrosis and other asbestos-related diseases. Railroad workers are essential because the Statute of Limitations ensures that they can be compensated for their injuries in the event of an negligence lawsuit is filed. It also ensures that evidence is not lost over time. This is an important reason why railroads are required to inform injured employees of any injuries that could occur within a specified period of time following the injury occurs.