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Railroad Injuries Litigation If you or someone close to you was injured in a train crash you may be entitled to compensation. These damages can cover future and past medical expenses as well as lost wages, permanent disability, disfigurement, and lost wages. FELA (Federal Employers' Liability Act) is an act of the federal government that protects railroad workers. It provides financial compensation for suffering and pain that is not covered by state laws governing workers' compensation. Prompt Reporting An injury claim that isn't reported could have a significant impact on an employee's ability receive medical treatment. NCCI research has found that the longer an injury stays unreported, the greater the likelihood that a claim will remain open and unpaid. The railroad is responsible to ensure that its employees are in a safe place of work and that all of its tools and equipment is utilized in a safe manner. If it is found to be in violation of this duty, then the employee can file a lawsuit against the railroad to recover damages. Railroad safety regulations require railroad employees to report any injuries. However, it can be difficult to convince an injured worker to do this. It is essential that the worker immediately report the injury to the employer and seek legal advice from an attorney. In addition to a railroad's obligation to ensure that its employees have a safe working environment railways are also required to provide efficient and prompt medical care. Accidents can be prevented from becoming more expensive and severe by providing medical attention promptly. Furthermore under FELA railroads are also required to pay the cost of medical treatment offered to employees injured while working. This includes transportation to and from the doctor's office as well as prescription medication and treatment for any resulting physical and mental conditions. The railroad must keep track of these records, as well as any other evidence that it gathers during the investigation and handling of claims. Failure to follow the rules of the railroad could result in serious discipline and even termination from the employment. Federal Railroad Safety Act is another important federal law that protects railroad workers. It is unlawful for railroads to take adverse actions against railroad employees who engage in “protected activities,” which includes whistleblowing. Rossi Vucinovich, PC is available to assist you in the event that you have been a whistleblower and are being targeted for retaliation. Our knowledgeable attorneys can help fight railroad retaliation. In general, railroads must be given the opportunity to report any accident or incident that involves an employee to the FRA or the National Transportation Safety Board (NTSB). Although the majority of railroads are diligent in reporting, it's not uncommon for accidents or other incidents to occur that aren't required to be reported. FELA In the United States, railroad workers are protected by the Federal Employers' Liability Act (FELA). The law was designed to protect workers from deaths and injuries by shifting the financial burden from individual workers to railroads. The FELA sets out the legal obligations that railroads have to meet, including providing safe work environments, properly training employees, inspecting for hazards and enforcing safety standards. A railroad company that fails to meet these requirements can be found to be negligent and may be sued for negligence under the FELA. FELA is a powerful tool to protect injured workers however it also has its challenges. First, the railroad has to be found to be negligent by the worker. This is often easier in an FELA case than in a traditional personal injury lawsuit. Second, a railroad employee must show that their employer violated an act of the federal or state legislature or safety rule. A railroad that violates one of these laws can easily demonstrate that it caused the injury and is therefore liable under the FELA. In Accident Injury Lawyers , a railroad worker must prove that the injury they sustained was permanent. This is important because an injury that is permanent is typically of greater value than one that is not. Many workplace accidents may cause long-term injuries, like broken bones, joint sprains and lacerations and even lacerations. Also repetitive motion injuries like carpal tunnel syndrome and tendinitis can cause a worsening or acceleration of existing medical ailments. It is important to consult an experienced FELA attorney when you have an intricate, costly and possibly expensive claim against a railroad. A typical personal injury lawyer who isn't specialized in this field will be overwhelmed by the resources and expertise that railroads have in place behind the case. Comparative Negligence One of the most crucial issues in railroad injury litigation is how to determine who is responsible for an accident. Although it may be difficult to assign blame in certain instances, comparative negligence can assist the parties to reach an agreement that benefits everyone. Comparative negligence allows for those involved in car accidents to share responsibility in proportion to their part in the incident. This makes it easier for you to determine the amount of damages in the event of multi-car collisions and pile-up accidents. Drivers who fail or refuses to obey traffic laws like stop signs, could be held accountable under the comparative negligence rule. This is particularly relevant when it comes to railroad injury lawsuits in cases where the failure of the company to maintain or repair its equipment can be considered to be an important factor in the worker's injuries. Three types of comparative negligence are found in the United States: modified, pure and contributory. Although all three of them apply in some way, the most prevalent is the modified approach. Under the modified system of comparative negligence, an injured party may recover monetary damages as long as their percentage of fault is not more than 50% or is greater than the responsibility of a defendant or group of defendants. In most states however, this rule is only applicable to personal injury and wrongful death claims. This system is based on a concept of negligence, and it examines the four fundamental elements of negligence: duty of care, breach of duty of care, causation and damages. An experienced attorney must demonstrate these elements to obtain a favorable result for the plaintiff. Pure comparative negligence is a law in most states, in contrast to contributory negligence which is only recognized by five states. This allows an injured party to recover even if they're found to be 99% at fault. This is known as pure comparative negligence in New York, but only thirteen other states apply it. Damages If a railway worker is injured on the job they are entitled to compensation. The law that governs workers' rights is known as the Federal Employers Liability Act (FELA). An employee must prove that their employer was negligent in FELA cases. If this is the case, the employee may be entitled to compensation for medical expenses, lost earnings and other damages. As opposed to state-run workers' compensation systems that use damage caps to limit the amount an employee can receive, FELA allows injured workers to be compensated for all non-economic losses. This includes the suffering and pain as well as loss of enjoyment of life, emotional distress and disability. The nature of the accident or death will determine the amount of damages a railroad worker can be able to sue for. For instance in the event that a train operator dies in an accident on tracks, the family members of the deceased may seek compensation for the wrongful death of the deceased and damages for loss of companionship and support. In addition, if the train driver died because of carelessness on the part an other party, then the person responsible for the accident may be held accountable for the death of the train driver. This could be a car operator or owner or pedestrian or even family members of the driver. In addition, if a railway worker was injured while fixing the track or a train itself, then the employer could be responsible for the injury. Employers could also be held accountable for injuries suffered by workers who were under the influence of alcohol or drugs at the time that the accident occurred. There are also some specific federal laws that pertain to railroad safety, like the Boiler Inspection Act and the Railroad Safety Act. These laws set safety standards for trains and rail cars. For example The Railroad Safety Act requires that railroads examine their trains to make sure that they're operating safely and in accordance with their specifications. This is to ensure the safety and wellbeing of the public when trains travel on tracks.