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Railroad Injuries Litigation If you or someone close to you was injured in a train accident you could 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 provides financial compensation for the pain and suffering that is not covered by state laws on workers' compensation. Prompt Reporting Having an injury claim go unreported can make a big difference in an employee's capacity to receive medical treatment. NCCI research shows that the longer an employee's injury is not reported, the higher chance it is that it will remain unpaid. The railroad has a responsibility to ensure that its employees have an area of work that is safe and that all its equipment and tools are used safely. The railroad can claim damages against an employee for breaching this duty. Most railroads have safety standards that require employees to report any accident that causes injuries. However, it can be difficult to get an injured worker to make this report. In these instances, it is imperative that the employee report the injury immediately and that he or she seek legal advice from an attorney. Railroads must ensure that employees are safe at work and provide timely and effective medical treatment. Accidents can be avoided from becoming more costly and serious by providing prompt medical treatment. railroad injury lawyers are also required by FELA to pay for all medical care employees receive on the job. This includes transport to and from doctors' office, prescription medication and treatment for any physical or mental ailments. The railroad must keep all of these records and any other evidence that it gathers in the course of investigating and the treatment of an claim. Infractions to railroad rules could result in severe punishment and even dismissal from employment. Another federal law that protects railroad workers is the Federal Railroad Safety Act. In accordance with this law, it is illegal for railroads to take adverse action against a railway worker who is engaged in “protected activities,” which include whistleblowing. Rossi Vucinovich, PC is available to help you if you have been a whistleblower and are being subject to reprisals. Our experienced lawyers can help combat railroad retaliation. In general, railroads must be given the opportunity to report any accident or incident involving employees to the FRA or National Transportation Safety Board (NTSB). While railroads are generally diligent regarding reporting accidents and incidents however, it is not uncommon for them to not report these incidents. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. This law was established to prevent worker deaths or injuries by shifting the burden of economic responsibility away from individual employees and onto railroads. The FELA sets out the legal obligations that railroad companies must meet in order to provide safe work environments, properly training workers as well as examining for hazards and enforcing safety regulations. Any railroad company that fails to meet these requirements will be found negligent and can be found liable in a lawsuit for negligence under the FELA. While FELA is a great tool for protecting injured workers, it comes with its own set challenges. First, the railroad has to be found negligent by the worker. This is typically easier in an FELA case than in a traditional personal injury claim. Second, a railroad worker must prove that their employer broke the law of the state or federal or safety regulation. If a railroad breaks any of these laws, the worker can easily prove that it caused their injury and therefore is responsible under FELA. A railroad worker must be able to be able to prove that their injury is permanent. This is important as an injury that is permanent can be more valuable than an injury that isn't. Furthermore, a variety of workplace accidents can result in serious long-term harm, including traumatic injuries such as broken bones, pulled muscles, lacerations and joint sprains. Repetitive motion injuries, such as carpal tunnel syndrome or tendinitis can also worsen or intensify existing medical conditions. If you have to deal with a an extensive, complicated and possibly expensive claim against railroads, it is essential to consult an experienced FELA attorney. A standard personal injury attorney cannot handle the vast amount of expertise and resources that railroads have. Comparative Negligence One of the most important issues in the field of railroad injury litigation is to determine who was accountable for an accident. While it can be challenging to assign blame in certain cases, comparative negligence can assist parties in coming to an agreement that benefits all. Comparative negligence permits parties to car accidents to be liable depending on their contribution to the incident. This allows you to determine the amount of damages in the event of multi-car collisions and pile-up accidents. Drivers who fail or fails to obey traffic signs like stop signs, may be held accountable under a common negligence rule. This is especially useful when it comes to railroad injury lawsuits in which the failure of an organization to maintain or repair its equipment may be considered to be a factor that contributed to worker's injuries. There are three different kinds of comparative negligence in the United States, including pure or modified, as well as contributory. All three types of comparative negligence are applicable in some way, the most popular is the modified one. A modified comparative negligence system allows an injured party to claim compensation in the form of money, provided the percentage of fault is not more than 50% or is greater than the percentage of another defendant or group. This rule is not applicable to wrongful death and 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 which are duty of care breach of duty of care, causation, and damages. It is crucial for an experienced lawyer to prove these factors for a favorable settlement for the plaintiff. In contrast to contributory liability, which is only recognized in five states, pure negligence by comparison is the law of most states. Under this rule an injured person can be compensated even if they're found to be 100% at fault. It is known as pure negligence by comparison in New York. Only thirteen other states have it. Damages Railroad workers are entitled to compensation if injured while working. The law that governs workers' rights is referred to as the Federal Employers Liability Act (FELA). In FELA cases, employees must be able to demonstrate that the employer was negligent. If this is the situation, the employee could be entitled to compensation for medical expenses, lost earnings and other damages. Unlike state workers' compensation systems, which rely on damage caps to limit the amount of compensation that an employee is entitled to, FELA allows an injured worker to be compensated for all non-economic and economic losses. This includes pain, suffering as well as loss of enjoyment, emotional distress, disability, and other losses. The nature of the death or injury will determine the damages that a railroad worker can seek. For instance when a train driver dies in an accident on the tracks, the family members of the deceased can sue for wrongful death and damages for loss of companionship and financial support. If the train driver dies because of the negligence of someone else the person who was 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, the employer could be held accountable for the injuries. The employer may also be held accountable if the worker was under the influence of alcohol or other drugs at the time of the accident which could have led to more risk of injury. There are also specific federal laws that apply to railway safety, including the Boiler Inspection Act and the Railroad Safety Act. These laws set standards for the safe operation of trains and rail cars. For example The Railroad Safety Act requires that railroads inspect their trains to be sure that they operate safely and in accordance with their specifications. This is done to ensure that the safety of the public and well-being are not compromised when a train travels along the tracks.