While FELA (Federal Employers Liability Act) is a US federal law protecting railroad workers, similar legal principles apply in Georgia regarding the protection of railway employees. This service involves defending the rights of railway staff (locomotive engineers, technicians, track workers) in cases of injuries or occupational diseases sustained during work. Railway work is categorized as heavy, harmful, and hazardous involving high risk. Georgian legislation strictly protects railway workers and imposes an obligation on the employer ("Georgian Railway") to ensure a safe environment. If a railway worker is injured while performing their duties, they have the right to claim substantial compensation, which often exceeds standard insurance payouts.
What does this service cover?
Compensation services for railway workers include:
- Accident Investigation: Reviewing official inquiry materials and conducting an alternative investigation to prove that the injury occurred due to employer fault (faulty equipment, inadequate safety).
- Occupational Disease Recognition: Legal recognition of diseases caused by vibration, noise, or hazardous substances (e.g., hearing loss).
- Labor Code Compensation: Claiming treatment costs, rehabilitation expenses, and lost wages as per the Labor Code.
- Civil Liability: Demanding additional compensation based on the Civil Code (source of increased danger), which implies moral damages and lifetime maintenance (in case of disability).
- Union Collaboration: Coordinating with railway trade unions to secure benefits provided by collective agreements.
Common Real-World Scenarios
Railway workers are often injured in the following situations:
- Track Work: Workers repairing tracks injured by rolling stock collisions or machinery malfunction.
- Depot Incidents: Technicians injured by touching high-voltage wires or falling heavy parts during maintenance.
- Vibration Disease: Train drivers developing spinal or joint diseases over years due to constant vibration.
- Toxic Cargo: Personnel poisoning caused by leaks during the transport of hazardous materials (oil, chemicals).
Georgian Legal Framework
Although FELA is not applicable in Georgia, our laws offer comparable protection. The Labor Code of Georgia and the Law on Labor Safety oblige the employer to fully compensate for damages received during duty. For railways, Article 999 of the Civil Code is particularly important, establishing strict liability. This means the employer is liable in almost all cases unless they prove the employee intentionally harmed themselves.
Process: How does a specialist work?
The lawyer first gathers evidence of safety violations at the incident scene. A Labor Inspection report is requested. Then, a precise calculation of damages is made: not just current medical expenses, but also future lost income (if the person can no longer work). The lawyer conducts tough negotiations with the railway's legal department and, if necessary, goes to court.
Why Legal.ge?
Railway work is hard and responsible. When workers get injured, the system often works against them. On Legal.ge, you will find lawyers specializing in labor disputes and workplace injuries. They will help you avoid unjust dismissal and receive decent compensation for your health. Protect your rights with professionals.
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