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Railroad Injuries Litigation You could be eligible for compensation if you or a loved one was injured in a train crash. These damages can include past and future 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 pain and suffering that is not covered by state workers' compensation laws. Prompt Reporting An injury claim that is not reported could have a significant impact on an employee's capacity to receive medical treatment. NCCI research has proven that the longer an injury remains unreported, the greater likelihood that a claim will remain open and unpaid. The railroad has a responsibility to ensure that its employees have an area of work that is safe and that all of its equipment and tools are utilized in a safe manner. If it does not meet this requirement the employee may bring a lawsuit against the railroad for damages incurred. Railroad safety rules require railroad employees to report any injuries. It isn't always easy for injured workers to report injuries. In these instances it is essential to notify the injured party as soon as they can and that he or she seek legal advice from an attorney. Railroads need to ensure that employees are safe at work and offer timely and effective medical treatment. A prompt medical treatment can help prevent injuries from becoming more serious and more expensive to treat. 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 track of these records in addition to any other evidence that it gathers during the investigation or treatment of a claim. Failure to adhere to the railroad's rules could result in severe discipline and even dismissal from employment. Federal Railroad Safety Act is another important federal law that protects railroad workers. In accordance with this law, it is illegal for railroads to take an adverse action against a railroad employee who engages in “protected activities,” which include whistleblowing. If you have been a whistleblower or are being subjected to retaliation for your actions, get in touch with Rossi Vucinovich PC right away. Our knowledgeable attorneys can help combat railroad retaliation. In general, railroads must be given an adequate time to submit any accident or incident involving an employee to the FRA or National Transportation Safety Board (NTSB). While railroad injury lawyer are diligent in reporting, it's not common for accidents or incidents to occur that aren't required to be reported. FELA In the United States, railroad workers are protected under the Federal Employers' Liability Act (FELA). This law was created to protect workers from deaths and injuries by shifting the financial burden from individual workers to railroads. The FELA provides the legal requirements that railroads must adhere to, including providing safe work environments, properly training workers as well as examining for hazards and enforcing safety rules. Failure to comply with these regulations can result in railroad companies being held accountable for negligence. FELA is a powerful tool to protect injured workers however it is not without its problems. First, a worker must prove that the railroad was negligent and their negligence caused their injury. This is usually easier in an FELA case than in a standard personal injuries claim. A railroad worker must also prove that their employer has breached any safety regulations or laws in the federal or state. If a railroad is found to have violated any of these laws, the worker can easily prove that it caused injury and is therefore liable under FELA. A railroad worker must also demonstrate that their injury is permanent. This is important because an injury that is permanent can be more valuable than one that doesn't. Many workplace accidents may cause long-term injuries including broken bones, joint sprains, lacerations, and even lacerations. Also repetitive motion injuries like carpal tunnel syndrome and tendinitis can aggravate or accelerate existing medical conditions. It is important to consult an experienced FELA attorney if you have a complicated, expensive, and potentially costly claim against railroad. An average personal injury attorney is not able to handle the vast amount of expertise and resources available to railroads. Comparative Negligence One of the most significant issues in the field of railroad injury litigation is how to determine who was responsible for the accident. It may be difficult to assign blame in some instances however, with the help of comparative negligence, the parties can work together to come to a fair conclusion which will benefit both. Comparative negligence is a legal process that permits parties involved in a car accident to apportion liability in proportion of their contributions to the cause of the accident. This makes it easier for you to calculate damages in the event of collisions involving multiple cars and pile-up accidents. A driver who fails or refuses to obey traffic rules like stop signs, can be held accountable under a relative negligence rule. This is particularly relevant in cases involving railroad injuries in which the failure of the company to properly maintain or repair its equipment can be considered as an element that contributed to the worker's injuries. Three types of comparative negligence exist in the United States: modified, pure and contributory. All three can be applied in a different way however the most prevalent is the modified one. Under the modified system of comparative negligence the injured party can receive monetary compensation as long as their percentage of fault is not greater than 50% or is greater than the responsibility of a defendant or group of defendants. In the majority of states, however, this rule is only applicable to personal injury and wrongful deaths. This system is based on a concept of negligence and takes into account the four elements of negligence such as duty of care breach of duty of care, causation and damages. It is essential for an experienced attorney to prove these elements for a favorable settlement for the plaintiff. In contrast to contributory liability, which is only recognized in five states, pure comparative negligence is the law of most states. Under this law an injured person can be compensated even if they're found to be 100% at fault. This is referred to as pure comparative negligence in New York. Only thirteen other states utilize it. Damages Railroad workers are entitled to compensation if injured while working. Federal Employers Liability (FELA) is the law that governs workers' rights. An employee must prove that their employer was negligent in FELA cases. If this is the situation, the employee could be entitled to compensation for medical expenses, lost earnings and other damages. In contrast to state workers' comp systems, which rely on damage caps to limit the amount of compensation that an employee is entitled to, FELA allows an injured worker to receive compensation for all non-economic and financial losses. This includes the loss of pain and suffering and loss of enjoyment life, emotional distress, and disability. The nature of the death or injury will determine the damages a railroad worker can pursue. If the train driver dies in an accident on the tracks and family members can sue for damages resulting from wrongful deaths as well as for loss of companionship or support. If the train driver is killed because of the negligence of someone else the person responsible could be held accountable for the death. This could include the car's owner driver, operator, pedestrian or even the family members of the driver. Additionally, if a railroad worker was injured while fixing the track or a train itself, then the employer could be accountable for the injury. Employers can also be held responsible for injuries sustained by workers who were under the influence of alcohol and drugs at the time the accident occurred. There are also some specific federal laws that apply to railroad safety, for instance the Boiler Inspection Act and the Railroad Safety Act. These laws establish safety standards for trains and rail cars. For instance The Railroad Safety Act requires that railroads inspect their trains in order to make sure that they're operating properly and in line with their specifications. This is done to ensure that the safety of the public and well-being is not at risk when a train runs on tracks.