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Railroad Injuries Litigation If you or someone close to you was injured in a train accident you may be entitled to compensation. These damages could include the future and past medical costs as well as lost earnings permanent disability, disfigurement, and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It allows for monetary payouts for pain and suffering that are not permitted under the state workers' compensation laws. Prompt Reporting An injury claim that is unreported can make an enormous difference in an employee's capacity to receive medical treatment. NCCI research has proven that the longer an injury stays unreported, the greater the likelihood that a claim will remain unpaid and open. The railroad is responsible to ensure that its employees are in a safe place of work and that all of its equipment and tools are used safely. The railroad can be sued by an employee for damages in the event of a violation of this duty. The majority of railroads have safety regulations that require employees to report any accidents that cause injuries. It isn't always easy for injured workers to report injuries. It is crucial that the employee immediately report the injury to the employer and seek legal advice from an attorney. In addition to their obligation to ensure employees have a safe and secure working environment railways are also required to provide quick and efficient medical treatment. Accidents can be avoided from becoming more costly and expensive through prompt medical care. Railroads are also required by FELA to pay for all medical treatment that an employee receives while on the job. This includes transportation to and from the doctor's office as well as prescription medications and treatment for any resulting physical or mental illnesses. The railroad must keep an eye on these records and any other evidence it gathers in the course of investigating and the treatment of a claim. Infractions to the railroad's rules could result in severe disciplinary action which could include dismissal from the job. Federal Railroad Safety Act is another important federal law that protects railroad workers. According to this law, it is illegal for railroads to take a negative action against a railroad worker who is engaged in “protected activities,” which include whistleblowing. Rossi Vucinovich, PC is available to assist you if have been a whistleblower, and are being subject to reprisals. Our experienced lawyers can help fight railroad retaliation. Generally, a railroad is required to provide an appropriate time to submit any accident or incident involving employees to the FRA or National Transportation Safety Board (NTSB). While most railroads are diligent in reporting, it is not uncommon for accidents or other incidents to occur that are not required to be reported. FELA In the United States, railroad workers are protected under the Federal Employers' Liability Act (FELA). This law was passed to protect workers from death and injuries by shifting the financial burden from individual employees to the railroads. FELA provides legal obligations that all railroad companies must fulfill, such as providing safe workplaces as well as adequately training employees, inspecting for hazards and enforcing safety guidelines. If a railroad fails to meet these requirements can be found to be negligent and could be found liable in a lawsuit for negligence under the FELA. While FELA is a powerful tool to protect injured workers, it comes with its own set challenges. First, a worker must demonstrate that the railroad was negligent and their negligence caused their injury. This is often easier in an FELA case than in a typical personal injury lawsuit. Second, a railroad worker must prove that their employer broke any state or federal statute or safety rule. A railroad that violates any of these laws can easily establish that it caused the injury and is therefore accountable under the FELA. Finally, a railroad worker must prove that the injury they sustained was permanent. This is important because an injury that is permanent is often more valuable than an injury that isn't. Furthermore, a variety of workplace accidents could cause severe long-term damage, such as traumatic injuries such as broken bones, pulled muscles, lacerations and joint sprains. Repetitive motion injuries, like tendinitis or carpal tunnel syndrome may also aggravate or intensify existing medical ailments. It is imperative to speak with an experienced FELA attorney when you have an intricate, costly, and potentially costly claim against a railroad. A typical personal injury attorney who is not specialized in this area will be overwhelmed by the amount of resources and expertise that railroads are prepared to put behind the case. Comparative Negligence One of the biggest issues in the field of railroad injury litigation is to determine who was responsible for an accident. While it can be challenging to determine who is at fault in certain circumstances, comparative negligence could assist the parties to reach an agreement that benefits everyone. Comparative negligence is a legal procedure that allows the parties in a car crash to share the burden of liability according of their contributions to the cause of the accident. This makes it easier for you to determine the amount of damages in the event of collisions involving multiple cars and pile-up accidents. Drivers who fail to observe traffic conditions like a stop sign, can be held liable for the accident under a rule of comparative negligence. This is especially useful in cases involving railroad injuries in cases where the failure of a company to maintain or repair its equipment may be considered to be a contributing factor to the worker's injuries. There are three types of comparative negligence in the United States, including pure or modified, as well as contributory. Although all three of them apply in some way, the most prevalent is the modified approach. A modified comparative negligence system enables the victim to seek monetary damages, provided their percentage of responsibility is not greater than 50% or surpasses that of a different defendant or group. This rule does not apply to personal injury claims in the majority of states. This system is based on a concept of negligence and examines the four fundamental elements of negligence that include duty of care, breach of duty of care, causation, and damages. An experienced attorney must prove these elements to obtain a favorable result for the plaintiff. Contrary to contributory negligence which is only recognized in five states pure comparative negligence is the law in all states. Under this rule it is possible for an injured party to be compensated even if they're found to be 99% responsible. It is known as pure comparative negligence in New York. Only thirteen other states have it. Damages If a railway worker is injured while on the job, they are entitled to compensation. Federal Employers Liability (FELA) is the law that regulates the rights of workers. An employee must show that the employer was negligent in FELA cases. If this is the case, the employee can get compensation for medical expenses along with lost wages and other damages. Contrary to state workers' compensation systems that rely on damage caps to limit the amount that an employee can receive, FELA allows injured workers to receive compensation for all losses that are not economic. This includes pain, suffering and loss of enjoyment, emotional distress, disability, and other losses. The damages railroad workers can claim depend on the nature of the injury or death. For example the case where a train driver dies in a crash on the tracks, the family members of the deceased can be sued for wrongful deaths and damages for the loss of companionship and financial support. Additionally, if the train driver was killed because of carelessness on the part another party, then that person who caused the accident may be held liable for the death of the train driver. This could be a car owner or operator as well as pedestrians, or even the driver's family members. The employer may also be liable when a railway employee is injured while working on a track or train. Employers can also be held responsible for injuries sustained by employees who were under the influence of alcohol or drugs at the time the accident occurred. There are also some specific federal laws which apply to railroad safety, like the Boiler Inspection Act and the Railroad Safety Act. These laws establish standards for the safe operation of rail cars and trains. Railroad Safety Act, for example requires railroads inspect their trains to ensure they are operating in a safe manner and according to their specifications. This is to ensure the safety and welfare of the public when trains are on tracks.