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Are Railroad Injuries Legal? The railroad industry is among the most hazardous industries to work in. This is because employees are subject to long hours, physical labor and dangerous working conditions. It is imperative to retain an attorney in the event that you have been injured while working for the railroad. This is particularly true if the accident was caused by a safety violation. FELA If you've been injured as a railroad worker, you are covered by a unique federal law called the FELA. This law imposes strict responsibility on railroad companies when they do not fulfill their obligation to provide employees with a safe working environment. The FELA is similar to state workers compensation in that it grants an amount of compensation for any injury that is a result of work or illness. It doesn't limit your ability to receive compensation for pain and permanent injuries, disfigurement lost wages, economic loss or any other losses in contrast to state workers' compensation. FELA is also more strict than state workers' compensation, in that it requires proof of negligence on the part of a railroad company. This is a contentious type of lawsuit. Railroads will try to prove your fault even if you're negligent. An experienced attorney is required to help you make a FELA claim. You stand the best chance of getting the maximum compensation if you contact an experienced lawyer for railroad injuries as soon as you can. In a FELA claim, you need to show that someone at the railroad was negligent and this negligence caused your accident , or even aggravated an existing problem. This is done in a variety of ways. One of the most common ways a railroad worker is found to be negligent is by ignoring their responsibilities under a safety plan. This could include not observing safety guidelines, using ineffective equipment or being pressured into working excessively or at a high speed and not receiving the proper training, or failing to provide an environment that is safe to work in. Violation of the minimum safety standards set by the federal government is another way railroad employers can be found negligent. These standards cover everything from design of railroad cars and trains to maintenance and repair. The Federal Employers Liability Act also gives you the right to bring a lawsuit for your personal injuries. This means that you can claim compensation from the rail company you worked for as well as any other parties that could be negligent in causing your injuries. FELA claims are also very time-sensitive, so it is important to talk to an attorney as soon as you can. This is due to the fact that railroads may employ a variety of forms to collect information that could be used to limit or eliminate your claim. BIA The BIA requires railroad operators to ensure that their locomotives and tenders are safe to use. This is a requirement to protect the public from the dangers caused by railroads. It also imposes a strict liability upon carriers if the BIA violation causes an injury to an employee. The majority of BIA violations are caused by failure to keep the locomotive and tender free of dangers of tripping. This includes spilled oil, grease , and loose tools and parts. Ice or liquid spills are also common. In addition, the BIA requires that all equipment of the locomotive are properly maintained to ensure they are in good working order and safe for operation. There are however railroads who don't abide by the BIA guidelines. For instance, the Burlington Northern Railroad (“the Railroad”) allegedly violated the BIA by placing an the ice chest in an unsafe place on the engine cabins. The ice box was bolted to the engine's floor and the railroad was responsible for maintaining it in good condition so that its workers could safely operate it. The BIA did not consider the Vaillancourt Ice chest to be as a “tripping danger”. The BIA only covers dangers to tripping that are directly connected to work, and that may have some connection with the railroad's work tasks. In contrast, the Ice chest in Vaillancourt was not attached to the floor or an integral part of the engine which the railroad was responsible. Similar to this the Fourth Circuit has held that the BIA requires that a “luggage grip” to be stored in a safe location on the rail car , so that it doesn't cause tripping injuries when the train is moving at a reasonable speed. The grip may include an engineer's manual, brakemen's tools or other equipment that train workers may require to perform their job duties in the event the employee is asked to fulfill the duties of a train worker. Negligence Railroad workers frequently suffer catastrophic injuries as a result of accidents on the job. Congress passed the Federal Employers Liability Act (FELA). FELA allows railroad employees who suffer injuries or even death on the job to seek damages from their employers in an action in civil court. To prove negligence, you need to establish that the defendant committed something different from what an average person would do in similar circumstances. You must establish that the railroad employee in a negligent manner violated safety rules or procedures. The next step is to prove that the deviation was the cause of your injury. Your lawyer will be required to present evidence from witnesses or company records to support this. Negligence is a complicated legal concept, especially in the context of a personal injury lawsuit. In this case the jury or judge will determine whether the defendant's actions were different from what an ordinary reasonable person would have done in the same situation. This is a far more difficult job than it is for an employer to prove that its employees were negligent in their work. This is why it is essential to have a highly experienced and skilled attorney representing you. If an employee gets hurt during a train crash, it can be hard to determine who is responsible. This is due to the many moving parts that could contribute to the crash. A copy of the accident report is among the best methods of determining the responsibility. This is a written report that the person who was injured should complete as soon as possible after having suffered an injury. The accident report should contain specific details about the incident and the way it occurred, including the date, time, location, and type and train involved. It is important to fill in the report accurately and include any relevant information regarding your situation. If you're a union member, it is crucial to ensure that your representative is present when you sign the report. Damages Railroad employees are able to sue their employers for railroad injuries that are covered under the Federal Employers Liability Act (FELA). FELA provides injured workers with the right to seek damages for injuries or illnesses that they suffered while working. This applies to both non-economic and economic types. Economic damage claims cover things like medical bills, prescriptions, physical and mental therapy as well as lost wages resulting from the injury. These costs can be difficult for an attorney or lawyer to quantify. An attorney who is experienced in train accident injuries may be able to help you determine your damages claim's value. Non-economic damages are more difficult to quantify, but they may include emotional distress and loss of consortium. Depending on the severity of your injuries, you could also be eligible to claim compensation for loss of enjoyment of life or a diminished potential earnings. To determine the proper amount of compensation for your railroad injury case requires an extensive investigation conducted by a competent trial lawyer who can demonstrate that the employer's negligence was the cause of the injury. This could involve failing to provide a safe working environment, breaking safety regulations or performing unsafe tasks that put you and your co-workers in danger. Your employer may deny that it placed you and your coworkers in danger, or argue that your injuries were caused by other factors such as your own negligence. These arguments can be difficult to overcome and that's why you should hire an skilled FELA attorney on your side who can present a thorough investigation and prove that the employer committed negligence. Railroad companies will do all they can to limit their liability and reduce the value of your FELA case however, they are not able to ignore their obligation to you to pay reasonable damages. They will use any information or appraisals they gather from you to defend themselves against claims. It is important to be aware that FELA cases have a three-year Statute of Limitations, which means you should submit your FELA case within three years from the date of injury. In the event that you fail to do this, it could make your claim null and prevent you from having it re-opened.