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Railroad Injuries Litigation If you or someone close to you was injured in a rail accident you may be entitled to compensation. The damages may include past and future medical expenses and lost wages, permanent disability, disfigurement, and lost wages. FELA (Federal Employers' Liability Act) is a federal law protecting railroad workers. It provides monetary compensation for suffering and pain that is not covered by state laws on workers' compensation. Prompt Reporting An injury claim that is not disclosed can have a major impact on an employee's capability to receive medical treatment. NCCI research has proven that the longer an injury goes unreported, the greater the risk that a claim will remain unpaid and open. The railroad has a responsibility to ensure that its employees have an environment that is safe for work and that all its equipment and tools are used in a safe way. If it fails to meet this obligation and the employee is not satisfied, they can make a claim against the railroad for damages incurred. Railroads have safety rules that require railroad employees to report any injuries. AccidentInjuryLawyers isn't always easy for injured workers to report injuries. It is imperative that the worker immediately report the injury to the employer and seeks legal advice from an attorney. Railroads must ensure that workers are safe at work and offer prompt and efficient medical treatment. Injury can be prevented from becoming more costly and serious by providing prompt medical treatment. Furthermore, under FELA railroads are obliged to pay for the cost of all medical care provided to employees injured while working. This includes transportation to and from the doctor's office as well as prescription medications and treatment for any resulting physical or mental ailments. These records and any other evidence collected during an investigation or the treatment of a claim should be maintained by the railroad. Failure to follow the rules of the railroad could cause serious discipline including the termination of the job. Federal Railroad Safety Act is another important federal law that protects railroad workers. It is unlawful for railroads to take negative actions against railroad workers who engage in “protected activities,” which includes whistleblowing. Rossi Vucinovich, PC is available to help you if you have been a whistleblower, and are being subject to retaliation. Our skilled attorneys can assist you to fight railroad retaliation. Railroads must provide a reasonable amount of time to report any accident or incident involving an employee to the FRA (National Transportation Safety Board) (NTSB). While railroads are generally diligent regarding reporting accidents and incidents but it is not unusual for them not to report them. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. This law was passed to protect workers from deaths and injuries by shifting the financial burden from individual workers to railroads. The FELA outlines the legal obligations that railroads must adhere to, including providing safe work environments, properly training workers in the workplace, examining for hazards, and enforcing safety rules. Failure to meet these requirements can lead to railroad companies being held responsible for negligence. While FELA is a powerful tool to protect injured workers, it comes with its own set of issues. First, the injured worker must prove that the railroad was negligent and that the railroad's negligence caused their injury. This is often much simpler to prove in an FELA case as opposed to an ordinary personal injury claim. Second, a railroad worker must prove that their employer violated any state or federal statute or safety regulation. If a railroad violates one of these laws can easily demonstrate that it caused the injury and therefore is accountable under the FELA. A railroad worker must also demonstrate that their injury is permanent. This is crucial since an injury that is permanent is often more valuable than one that doesn't. Moreover, many types of workplace accidents could cause serious long-term harm, including traumatic injuries such as broken bones, pulled muscles, lacerations and joint strains. Additionally repetitive motion injuries like tendinitis and carpal tunnel syndrome can make it more difficult or worsen existing medical conditions. It is imperative to speak with an experienced FELA attorney when you have a an extensive, costly and possibly expensive claim against a railroad. A typical personal injury lawyer who does not specialize in this area will be overwhelmed by the expertise and resources that railroads are prepared to put behind a claim. Comparative Negligence One of the most significant issues in the field of railroad injury litigation is to determine who was at fault for an accident. It may be difficult to determine who is at fault in some cases but with the aid of comparative negligence both parties can work together to a fair and accurate conclusion that will benefit both. Comparative negligence allows for parties to car accidents to share responsibility according to their contribution to the incident. This allows you to calculate the damages in the event of multi-car collisions and pile-up accidents. Drivers who fail or refuses to obey traffic signs such as stop signs, may be held responsible under a comparative negligence rule. This is particularly relevant in cases involving railroad injuries in which the failure of an organization to maintain or repair its equipment could be considered to be an element that contributed to the worker's injuries. Three types of comparative negligence are available in the United States: modified, pure, and contributory. All three types of comparative negligence are applicable in some way, the most common is the modified approach. A modified comparative negligence system permits an injured party to recover compensation in the form of money, provided the percentage of fault is not greater than 50% or exceeds that of a different defendant or group. This rule does not apply to wrongful death and personal injury claims in the majority of states. This system is based on the theory of negligence and examines the four fundamental elements of negligence: duty of care, breach of duty of care, causation and damages. An experienced attorney must prove these elements in order to achieve a favorable outcome for the plaintiff. Pure comparative negligence is the law in the majority of states, but not the concept of contributory negligence that is only recognized by five states. This rule allows an injured party to recover even if they are found to be 99% at fault. This is known as pure comparative negligence in New York, but only thirteen other states utilize it. Damages Railroad workers are entitled to compensation if they are injured while working. The law that governs workers' rights is known as the Federal Employers Liability Act (FELA). An employee has to prove that the employer was negligent in FELA cases. If this is the case, the employee may be entitled to compensation for medical expenses, lost earnings, and other damages. In contrast to state workers' compensation systems, which use damage caps to limit the amount of compensation an employee can claim, FELA allows an injured worker to receive compensation 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 amount of damages a railroad worker could pursue. For instance, if a train driver dies in an accident on the tracks, the family of the deceased can be sued for wrongful deaths and damages for loss of companionship and support. If the train driver dies due to the negligence of a third party the party responsible can be held responsible for the death. This could include the vehicle owner, operator, pedestrian, or even the family members of the driver. The employer could also be held accountable for a railway worker who is injured while working on a track or train. Employers can also be held responsible for injuries sustained by workers who were under the influence of alcohol and drugs when the accident occurred. There are also some specific federal laws that pertain to railroad safety, like the Boiler Inspection Act and the Railroad Safety Act. These laws set standards for safety for trains and rail cars. Railroad Safety Act, for example requires railroads inspect their trains to ensure that they operate safely and in accordance to their specifications. This is done to ensure the safety and wellbeing of the public when trains travel on tracks.