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Railroad Injuries Litigation If you or someone close to you was injured in a train collision, you may be entitled to compensation. These damages include 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 the pain and suffering that is not covered by state laws governing workers' compensation. Prompt Reporting A claim for injury that goes unreported could make a significant difference in an employee's capacity to receive medical treatment. NCCI research has shown that the longer an employee's injury is not reported, the higher chance it is that it will remain unpaid. Railroads are accountable to ensure their employees have safe working environments and that all of their tools and equipment are safe used. If it is found to be in violation of this duty, then the employee can bring a lawsuit against the railroad to recover damages. Most railroads have safety rules that require employees to report any accidents that cause injuries. However, it can be difficult to convince an injured worker to do so. In these instances it is essential that the worker notify the employer of the injury as soon as possible and that he or she seek legal advice from an attorney. Railroads must ensure that employees are safe at work and offer prompt and effective medical attention. Injury can be prevented from becoming more expensive and severe by providing prompt medical treatment. Railroads are also required by FELA to cover all medical expenses employees receive while working. This includes transportation to and from the doctor's appointment as well as prescription medication and treatment for any resulting physical and mental ailments. The railroad must keep track of these records and any other evidence it gathers during the investigation and treatment of the claim. Failure to follow the railroad's rules could result in severe disciplinary action and even dismissal from employment. Another federal law that protects railroad employees is the Federal Railroad Safety Act. According to this law, it is illegal for a railroad to take adverse action against a railway worker who engages in “protected activities,” which include whistleblowing. If you've been a whistleblower or facing retaliation due to your actions, contact Rossi Vucinovich PC right away. Our experienced attorneys can help fight railroad retaliation. In general, a railroad must be given a reasonable time to report any accident or incident that involves an employee to the FRA or the National Transportation Safety Board (NTSB). Although railroads are generally conscientious regarding reporting accidents and incidents however, it is not uncommon that they fail to report them. FELA Railroad workers in the United States are protected by the Federal Employers' Liability Act. This law was enacted to protect workers from deaths and injuries by shifting the economic burden from individual workers to the railroads. FELA sets out legal duties that all railroad companies must fulfill, such as providing safe working environments, properly training employees, examining for dangers and enforcing safety regulations. Infractions to these regulations could result in railroad companies being held liable for negligence. While FELA is a powerful tool to protect injured workers, it does come with its own set-of challenges. First, the railroad must be found to be negligent by the worker. This is often easier in an FELA case than in a traditional personal injury claim. A railroad worker must also show that their employer breached any safety regulations or statutes in the federal or state. If AccidentInjuryLawyers violates any of these laws, the worker is able to prove that it caused injury and therefore is liable under FELA. Then, a railroad employee must prove that their injury is permanent. This is crucial because an injury that is permanent is typically more valuable than one that is not. Additionally, many kinds of workplace accidents can result in serious long-term damage, including fractures, such as bones, pulled muscles, lacerations and joint sprains. Also repetitive motion injuries like carpal tunnel syndrome and tendinitis can cause a worsening or acceleration of existing medical conditions. It is important to consult an experienced FELA attorney if you have a an intricate, costly and possibly expensive claim against a railroad. A typical personal injury attorney who isn't an expert in this field will be overwhelmed by the amount of resources and expertise that railroads are prepared to put behind the case. Comparative Negligence One of the most crucial issues in railroad injury litigation is to determine who was accountable for the accident. It can be difficult to assign blame in certain cases but with the aid of comparative negligence parties, they are able to work together to a fair and accurate conclusion that benefits both. Comparative negligence allows for parties to car accidents to share liability in proportion to their part in the accident. This allows you to calculate damages in the case of pile-ups and multi-car crashes. Drivers who fail or refuses to obey traffic signals such as stop signs, could be held accountable under a law of comparative negligence. This can be particularly useful in cases involving railroad injuries, where the company's failure to properly maintain or repair its equipment could be considered to be a contributing factor to the injured worker's injuries. There are three kinds of comparative negligence in the United States, including pure, modified, and contributory. All three are applicable in some way, but the most common is the modified version. Under the modified comparative negligence system, an injured party may receive monetary compensation as long as their percentage of fault is not more than 50% or exceeds the fault of another defendant or group of defendants. In most states, however, this rule only applies to personal injury and wrongful deaths. This system is based on the theory 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. In contrast to contributory liability, which is only recognized in five states and the District of Columbia, pure negligence by comparison is the law of the majority of states. This law allows an injured person to recover even if they're determined to be 99% at fault. This is referred to as pure comparative negligence in New York. Only thirteen other states use it. Damages Railroad workers are entitled to compensation in the event of being injured on the job. The law that governs workers' rights is called the Federal Employers Liability Act (FELA). In FELA cases, employees must be able to prove that the employer was negligent. If this is the situation, the employee may 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 non-economic losses. This includes pain, suffering, loss of enjoyment, emotional distress, disability and other losses. The nature of the accident or death will determine the damages that a railroad worker can be able to sue for. If a train driver is killed in an accident on the tracks, the family can sue for damages resulting from wrongful deaths as well as for loss of companionship or support. Furthermore, if the train driver died due to inattention on the part of someone else, then the person who caused the accident could be held accountable for the death the train driver. This could include a vehicle operator or owner as well as pedestrians, or even the driver's family members. In addition, if a railway worker was hurt while repairing the track or a train itself, the employer may be liable for the injuries. The employer may also be liable if the worker was under the influence of alcohol or other drugs at the time of the incident which could have led to higher risk of injury. Federal laws that regulate railroad safety include the Boiler Inspection Act, and the Railroad Safety Act. These laws set standards for safety for trains and rail cars. For instance for instance, the Railroad Safety Act requires that railroads inspect their trains in order to make sure they're operating properly and in line with their specifications. This is to ensure the safety and security of the general public when trains travel on tracks.