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Railroad Injuries Litigation If you or someone close to you was injured in a train crash you may be entitled to compensation. The damages may include future and past medical expenses 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 workers' compensation laws. Prompt Reporting An injury claim that is not filed can have a significant impact on an employee's ability receive medical treatment. NCCI research indicates that the longer an injury is not reported, the higher the chance that it'll remain unpaid. The railroad is responsible to ensure that its employees have the safety of their workplace and that all of its equipment and tools are used safely. The railroad may be sued by an employee for damages when it fails to comply with this obligation. Railroad safety rules require railroad employees to report any injuries they suffer. It isn't always easy for injured workers to report injuries. In these instances it is essential that the employee report the injury immediately and seek legal advice from an attorney. In addition, to a railroad's obligation to ensure that employees are in a safe working space railways are also required to provide efficient and prompt medical treatment. Accidents can be avoided from becoming more costly and expensive by providing timely medical treatment. In addition, under FELA, railroads are obliged to pay for the cost of all medical treatment provided to employees injured on the job. This includes transportation to and from doctor's offices, prescription medication and treatment for any physical or mental ailments. These records and all other evidence collected during an investigation or treatment of a claim should be maintained by the railroad. Infractions to railroad rules could result in severe disciplinary action, including dismissal from employment. Federal Railroad Safety Act is another important federal law that protects railroad workers. Under this act, it is illegal for a railroad to take an adverse action against a railroad worker who is engaged in “protected activities,” which include whistleblowing. If you've been a whistleblower or are being subjected to retaliation for your actions, contact Rossi Vucinovich PC right away. Our experienced attorneys can help combat railroad retaliation. In general, railroads is required to provide a reasonable time to report any accident or incident involving 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 these incidents. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. The law was passed in order to prevent worker injury or death by shifting the financial burden away from individual employees and onto the railroads. FELA sets out legal duties that all railroad companies must meet, including providing safe workplaces by properly training employees, examining for hazards, and enforcing safety rules. Failure to meet these requirements can lead to railroad companies being held accountable for negligence. While FELA is a great tool for protecting injured workers, it does come with its own set of challenges. First, the railroad must be proven to be negligent by a worker. This is usually much simpler to prove in an FELA case than in the traditional personal injury case. A railroad worker must demonstrate that their employer has violated the law of the state or federal or safety regulation. If a railroad is found to have violated any of these laws, the worker is able to prove that it caused their injury and is therefore liable under FELA. Then, a railroad employee must prove that their injury was irreparable. This is important because an injury which is permanent is typically of greater value than one that isn't. Furthermore, many types of workplace accidents can result in permanent damage that lasts for a long time, including fractures, such as bones and muscles, pulled muscles, lacerations and joint strains. Repetitive motion injuries, like carpal tunnel syndrome or tendinitis, can also aggravate or intensify existing medical conditions. If you're dealing with a an extensive, complicated and possibly costly claim against a railroad, it is important to work with an skilled FELA attorney. An average personal injury lawyer isn't able to manage the massive amount of knowledge and resources railroads have. Comparative Negligence In the field of railroad injury litigation one of the most crucial concerns is determining who was responsible for an accident. While it can be difficult to assign blame in some situations, comparative negligence may assist parties in coming to an agreement that benefits all. Comparative negligence permits those involved in car accidents to share responsibility according to their contribution to the accident. This makes it easier to calculate damages in the event of pile-ups or multi-car crashes. A driver who fails or refuses to obey traffic laws like stop signs, can be held accountable under a comparative negligence rule. This is particularly helpful in the case of railroad injuries where the failure of the company to properly maintain or repair its equipment could be considered a contributing factor to the injury suffered by the injured worker. There are three different types of comparative negligence in the United States, including pure or modified, as well as contributory. While all three apply in some way, the most popular is the modified approach. A modified comparative negligence system allows an injured party to recover damages in cash, provided that their percentage of fault is not greater than 50% or surpasses that of a different defendant or group. In most states however, this rule is only applicable to personal injuries and wrongful death claims. This system is based on the theory of negligence. It takes into account the four elements of negligence: duty of care, breach of duty of care, causation and damages. It is crucial for an experienced lawyer to prove these elements in order to secure a favorable outcome for the plaintiff. Pure comparative negligence is the law in the majority of states, whereas contributory negligence , which is only recognized by five states. Under this rule, an injured party can be compensated even if they're found to be 99% responsible. This is referred to as pure comparative negligence in New York, but only thirteen other states apply it. Damages When a railroad worker is injured on the job they are entitled to compensation. Federal Employers Liability (FELA) is the law that governs workers' rights. In FELA cases, employees must be able to prove that the employer was negligent. If this is the case, the employee is entitled to be compensated for medical expenses along with lost wages and other damages. In contrast to state workers' compensation systems, which rely on damage caps to limit the amount of compensation that an employee can claim, FELA allows an injured worker to receive compensation for all non-economic and financial losses. This includes suffering, pain and enjoyment loss, emotional distress, disability, and other losses. The nature of the death or injury will determine what damages a railroad worker can sue for. For example, if a train driver dies in an accident that occurs on the tracks, the family of the deceased may claim wrongful death and damages for the loss of companionship and support. Additionally, if the train driver died because of negligence on the part of another party, then that person who caused the accident is responsible for the death of the train driver. This could include the car 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 responsible for the injuries. Employers can also be held responsible for injuries sustained by employees who were under the influence of alcohol and drugs at the time that the accident occurred. Federal laws that regulate safety for railroads include the Boiler Inspection Act, and the Railroad Safety Act. accidentinjurylawyers.claims set standards for the safe operation of rail cars and trains. Railroad Safety Act, for instance requires railroads to check their trains to make sure that they operate safely and in accordance with their standards. This is to ensure the safety and wellbeing of the public when trains travel on tracks.