A railroad foreman is critical to the function of all work performed on a railroad and the continued safe operation of the trains. The supervision and direction of a railroad foreman can make all the difference in whether the railroad employees work safely and get the job done. However, railroad work is dangerous for all employees, including railroad foremen. If you were injured in a railroad work accident or diagnosed with an occupational illness due to toxic exposure, you might be able to recover compensation for your injuries and damages. A lawyer experienced in railroad foreman injuries in Ohio is well-versed in the laws and regulations that govern railroad injuries and understands how to best fight for your rights.
FELA Benefits for Railroad Foreman Injuries
The Federal Employer’s Liability Act (FELA) was put in place to help provide benefits and compensation to railroad workers who are injured during the scope of their employment. FELA benefits are similar to state workers’ compensation benefits; however, qualifying for benefits under FELA benefits has increased requirements and can be significantly more difficult.
In workers’ compensation, an injured worker does not have to prove fault on the part of an employer or other party because it is a no-fault system. Recovering FELA benefits is different in that an injured foreman is required to prove that a railroad employer’s negligence caused the accident or condition that resulted in the railroad foreman’s injuries or diseases.
Injuries Covered by FELA
FELA covers most injuries sustained by railroad foremen in the course of their employment. The four most common types of injuries that may result in benefits and compensation under FELA include:
- Traumatic and traditional injuries such as broken bones, sprains and strains, lacerations, burns, muscle and tendon pulls, and other types of sudden injuries
- Repetitive stress injuries which develop over time and are not the result of a specific accident, such as carpal tunnel syndrome, hearing loss, bursitis, epicondylitis, and tendinitis
- Aggravation or acceleration of a pre-existing condition may be considered a new injury under FELA
- Occupational diseases developed while on the job and due to an employer’s negligence, including cancer, lung diseases, skin diseases, and asbestos-related diseases.
The FELA can provide protections for injured railroad foremen if it is utilized appropriately. When attempting to establish a FELA claim, the main problem injured individuals find is the many requirements they must prove. For that reason, a knowledgeable Ohio railroad foreman accident attorney could assist in fighting for an injured individual’s best interests.
Time for Filing a FELA Claim
When a railroad supervisor suffers an injury or illness, strict deadlines apply to when a case must be filed under the Federal Employer’s Liability Act (FELA). According to 45 United States Code § 56, an injured manager must file a FELA case in court within three years of the date on which the accident.
There are exceptions to the general three-year statute of limitations, such as occupational illnesses and repetitive stress injuries. For these situations, the three-year statute of limitations starts on the date when the injured railroad foreman knew or reasonably should have known that they sustained a work-related injury or illness.
If an injured individual does not file a FELA case within the three-year statute of limitations, they may permanently lose their rights as an injured worker. Before a case can be appropriately evaluated, an extensive investigation must be performed. Therefore, it is essential to contact a seasoned railroad foreman accident attorney in Ohio to get started on the process as soon as possible following an injury.
Call Today to Speak with an Ohio Railroad Foreman Injury Attorney
When you suffer severe injuries or illness, you may immediately think about the trouble you may have paying bills and earning an income. Railroad work accidents can be serious and life-changing. Do not face the uncertainties following an accident alone, instead, speak with an attorney knowledgeable in railroad foreman injuries in Ohio to understand your legal options and potential recovery better. Schedule a consultation for your trackman injury today.