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Railroad Injuries Litigation If you or a loved one was injured in a train accident you could be entitled to compensation. These damages include the future and past medical expenses as well as lost wages, permanent disability, and disfigurement. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides monetary compensation for injuries and pain that are not covered by state workers' compensation laws. Prompt Reporting An injury claim that isn't filed can have a significant impact on an employee's capability to receive medical treatment. NCCI research indicates that the longer an injury is not reported, the greater the likelihood that it will remain unpaid. The railroad has a responsibility to ensure that its employees are in a safe place of work and that all its tools and equipment are utilized in a safe manner. If it does not meet this requirement the employee may sue the railroad to recover damages. Railroad safety regulations require railroad employees to report any injuries they suffer. However, it's often difficult to convince an injured worker to do so. In these instances it is essential that the employee report the injury immediately and seek legal advice from an attorney. In addition to their obligation to ensure that their employees have a safe working environment railroads are also required to provide efficient and prompt medical treatment. Injury can be prevented from becoming more serious and costly by providing prompt medical treatment. Railroads are also required by FELA to pay for all medical services that employees receive on the job. This includes transportation to and from the doctor's office , as prescription medications and treatment for any resulting physical or mental illnesses. The railroad must keep track of these records along with any other evidence it collects during the investigation or treatment of claims. Failure to follow the railroad's rules can cause serious discipline which could include the removal from job. Another federal law which protects railroad workers is the Federal Railroad Safety Act. According to this law, it is unlawful for railroads to take an adverse action against a railroad employee who is engaged in “protected activities,” which include whistleblowing. If you've been a whistleblower or facing retaliation due to your actions, you should contact Rossi Vucinovich PC right away. Our knowledgeable attorneys can help combat railroad retaliation. Generally, a railroad is required to provide an appropriate time to report any accident or other incident that involves an employee to the FRA or the National Transportation Safety Board (NTSB). While railroads are generally mindful about reporting incidents and accidents, it is not uncommon for them not to report these incidents. FELA In the United States, railroad workers are protected under the Federal Employers' Liability Act (FELA). This law was enacted 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 must adhere to, including providing safe work areas, properly educating workers as well as examining for hazards and enforcing safety rules. Failure to meet these regulations could result in railroad companies being held responsible for negligence. While FELA is a great tool to protect injured workers, it comes with its own set of issues. First, the worker must demonstrate that the railroad was negligent and that their negligence caused their injury. This is often much easier to do in an FELA case than it is in the traditional personal injury case. A railroad worker must also prove that their employer has violated any safety regulations or laws of the federal or state. A railroad that violates any of these laws may easily prove that it caused the injury and therefore is accountable under the FELA. Then, a railroad employee must prove that the injury they sustained was permanent. This is crucial because an injury that is permanent is typically more valuable than one that is not. Furthermore, many types of workplace accidents could cause severe long-term damage, such as traumatizing injuries such as broken bones, pulled muscles, lacerations and joint sprains. Additionally, repetitive motion injuries like carpal tunnel syndrome and tendinitis can cause a worsening or acceleration of existing medical conditions. If you're dealing with a an extensive, complicated and possibly costly claim against railroads, it's important to work with an experienced FELA attorney. A typical personal injury lawyer who isn't an expert in this area will be overwhelmed by the resources and expertise that railroads are prepared to put behind an action. Comparative Negligence In the litigation involving railroad injuries, one of the major questions is who was at fault in an accident. Although it may be difficult to assign blame in some cases, comparative negligence can help the parties come to an agreement that benefits all. Comparative negligence is a legal concept that permits parties involved in a car accident to apportion liability in proportion of their contributions to the incident. This allows for a more precise calculation of damages in the case of multi-car collisions or pile-up crashes. A driver who fails to pay attention to traffic rules, such as a stop sign, may be held responsible for the accident in a case of comparative negligence. This is particularly relevant in cases involving railroad injuries, where the failure of the company to properly maintain or repair its equipment may be considered to be an important factor in the worker's injuries. Three kinds of comparative negligence exist in the United States: modified, pure, and contributory. All three are applicable in a specific way but the most commonly used is the modified approach. Under the modified comparative negligence system, an injured party may get compensation for their losses as the percentage of blame is not greater than 50% or is greater than the fault of a different defendant or group of defendants. railroad injury attorneys does not apply to wrongful death and personal injury claims in most states. This system is based on a theory of negligence and takes into account the four elements of negligence which are duty of care breach of duty of care, causation and damages. It is essential for an experienced lawyer to prove these factors for an appropriate outcome for the plaintiff. In contrast to contributory negligence, which is only recognized in five states and the District of Columbia, pure comparative negligence is the norm in the majority of states. In this case, an injured party can get compensation even if found 99% at fault. It's known as pure comparative negligence in New York, but only thirteen other states utilize it. Damages If a railway worker is injured on the job they are entitled to compensation. The law governing workers' rights is referred to as the Federal Employers Liability Act (FELA). An employee must show that the employer was negligent in FELA cases. If that is the situation, the employee may get compensation for medical expenses as well as lost wages and other damages. Contrary to state workers' compensation systems, which use damage caps to limit the amount of compensation an employee is entitled to, FELA allows an injured worker to receive compensation for all non-economic and economic losses. This includes the cost of suffering as well as loss of enjoyment of life, emotional distress, and disability. The damages that a railroad worker can claim depend on the nature of the injury or death. If a train driver is killed in an accident on the tracks, the family can sue for wrongful deaths and damages for loss of companionship or support. Additionally, if the train driver was killed due to carelessness on the part another party, then that person who caused the accident is accountable for the death of the train driver. This could include a car owner or operator or pedestrian, or even the family members of the driver. The employer may also be held accountable for a railway worker who is injured while working on a track or train. The employer could also be liable if the worker was under the influence of alcohol or other drugs at the time of the accident and could result in an higher risk of injury. There are also some specific federal laws that apply to railway safety, including the Boiler Inspection Act and the Railroad Safety Act. These laws establish standards for safety for trains and rail cars. Railroad Safety Act, for example requires railroads to examine their trains to make sure that they are operating in a safe manner and in accordance with their standards. This is to ensure the safety and welfare of the public when trains are on tracks.