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Railroad Injuries Litigation If you or a loved one was injured in a train collision you could be entitled to compensation. These damages can include the future and past medical costs and lost wages, permanent disability, disfigurement and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It permits monetary compensation for injuries and suffering that are not covered by the state workers' compensation laws. Prompt Reporting An injury claim that is unreported could make a significant difference in an employee's ability to receive medical treatment. NCCI research shows that the longer an injury is not reported, the greater the likelihood that it will remain unpaid. The railroad is responsible to ensure that its employees are in the safety of their workplace and that all its tools and equipment is used in a safe way. If it fails to meet this obligation, then the employee can sue the railroad to recover damages. Most railroads have safety guidelines that require employees to report any accident that causes injuries. However, it's usually difficult to convince an injured worker to do this. It is essential that an employee immediately disclose the injury to the employer and seeks legal advice from an attorney. In addition to a railroad's obligation to ensure that employees have a safe working environment, railroads are also required to provide prompt and effective medical care. Injury can be prevented from becoming more costly and expensive through prompt medical care. Furthermore under FELA railroads are obliged to pay for the cost of medical treatment for an employee who is injured while on the job. This includes transportation to and from the doctor's office , as well as prescription medication and treatment for any resulting physical and mental conditions. The railroad must keep the records of these along with any other evidence it collects during the investigation and handling of an claim. Failure to comply with the rules of the railroad could result in severe discipline including the termination of the employment. Another important federal law that protects railroad workers is the Federal Railroad Safety Act. According to this law, it is illegal for railroads to take 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, call Rossi Vucinovich PC right away. Our experienced lawyers can help fight railroad retaliation. Railroads must allow sufficient time to report any accident or other incident involving an employee to the FRA (National Transportation Safety Board) (NTSB). While the majority of railroads are meticulous in reporting incidents, it is not unusual for incidents or accidents to occur that are not required to be reported. FELA In the United States, railroad workers are protected by the Federal Employers' Liability Act (FELA). This law was created in order to prevent worker injury or death by shifting the burden of economic responsibility off of individual employees and onto railroads. The FELA defines the legal obligations that railroads must adhere to by providing safe working areas, properly educating workers in the workplace, examining for hazards, and enforcing safety regulations. If a railroad fails to adhere to these rules is considered to be negligent and held liable in a lawsuit for negligence under the FELA. While FELA is a very effective 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 actions caused their injury. This is typically much simpler in an FELA case as opposed to an ordinary personal injury claim. A railroad employee must prove that their employer has violated any safety rules or laws in the state or federal. If a railroad violates one of these laws, an employee can easily show that it caused their injury and therefore is responsible under FELA. A railroad worker must be able to prove that their injury is permanent. This is important because an injury that is permanent is generally more valuable than one that is not. Additionally, many kinds of workplace accidents could cause permanent damage that lasts for a long time, including fractures, such as bones, pulled muscles, lacerations and joint sprains. Additionally, repetitive motion injuries such as carpal tunnel syndrome and tendinitis can cause a worsening or acceleration of existing medical ailments. If you have to deal with a a large, complex and possibly expensive claim against a railroad, it is crucial to work with an skilled FELA attorney. An average personal injury lawyer is not able to deal with the huge amount of knowledge and resources railroads have. Comparative Negligence One of the biggest issues in the field of railroad injury litigation is to determine who was at fault for an accident. Although it may be difficult to assign blame in some cases, comparative negligence can assist the parties to reach an agreement that benefits all. Comparative negligence is a legal procedure that allows parties involved in a car crash to apportion liability in proportion to their contribution to the causes of the accident. This helps in calculating damages in the case of multi-car collisions or pile-up crashes. A driver who fails or fails to obey traffic rules such as stop signs, can be held accountable under a comparative negligence rule. This is particularly helpful in cases involving railroad injuries, where the failure of the company to properly maintain or repair its equipment can be considered to be a contributing cause to the injuries sustained by the injured worker. There are three different types of comparative negligence in the United States, including pure, modified, and contributory. Although all three of them apply in some way, the most common is the modified approach. A modified comparative negligence system enables an injured party to claim compensation in the form of money, provided their percentage of fault is not greater than 50% or is greater than the percentage of a different defendant or group. In most states the rule only applies to personal injury claims and wrongful death claims. This system is based on a concept of negligence and considers the four established elements of negligence: duty of care, breach of duty of care, causation and damages. An experienced attorney must prove these elements to achieve a favorable outcome for the plaintiff. In contrast to contributory liability, which is only recognized in five states and the District of Columbia, pure negligence in a comparative manner is the law in all states. This law allows an injured person to recover even if they're found to be 99% at fault. This is referred to as pure comparative negligence in New York. Only thirteen other states have it. Damages Railroad workers are entitled to compensation in the event of being injured while working. Federal Employers Liability (FELA) is the law that governs workers' rights. In FELA cases, the employee 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 receive compensation for all economic and non-economic losses. This includes the loss of pain and suffering as well as loss of enjoyment of life, emotional distress and disability. The nature of the injury or death will determine what damages a railroad worker could pursue. For example when a train driver dies in an accident on the tracks, the family of the deceased can sue for wrongful death and damages for the loss of companionship and financial support. If the train driver dies by negligence of another party, the person responsible can be held accountable for the death. railroad injury attorneys could include a vehicle owner or operator as well as pedestrians, or even the family members of the driver. The employer may also be liable in the event that a railway worker gets injured while working on a train or track. Employers could also be held accountable for injuries sustained by workers who were under the influence of alcohol or drugs when the accident occurred. There are also some specific federal laws that pertain to railway safety, including the Boiler Inspection Act and the Railroad Safety Act. These laws establish standards for the safety of trains and rail cars. Railroad Safety Act, for example, requires railroads to inspect their trains to ensure they are operating safely and in accordance to their specifications. This is done to ensure the safety and well-being of the public whenever trains are on tracks.