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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 can include the future and past medical expenses, lost wages, permanent disability and disfigurement. FELA (Federal Employers' Liability Act) is a federal law that protects railroad workers. It permits monetary compensation for pain and suffering that are not available under the state laws governing workers' compensation. Prompt Reporting Having an injury claim go unreported can make a huge difference in an employee's ability to receive medical treatment. NCCI research has proven that the longer an injury goes not reported, the greater the chance that the claim will remain open and unpaid. Railroads are accountable to ensure that their employees are provided with safe places to work and that all their equipment and tools are safely used. If it fails to meet this obligation and the employee is found to be in violation, the employee has the right to bring a lawsuit against the railroad for damages. Most railroads have safety standards that require employees to report any accident-related injuries. However, it is often difficult to convince an injured worker to do so. It is essential that an employee immediately reports the injury to the employer and seeks legal advice from an attorney. In addition to the obligation to ensure that its employees are safe in their workplace railways are also required to provide timely and efficient medical care. Injury can be prevented from becoming more expensive and severe through prompt medical care. Railroads are also required by FELA to cover all medical expenses employees receive on the job. This includes transportation to and from the doctor's appointment as well as prescription medication and treatment for any physical or mental illnesses. The railroad must keep the records of these and any other evidence it gathers during the investigation and handling of an claim. Failure to comply with the railroad's regulations could result in serious disciplinary action, including discharge from the job. Another important federal law protecting railroad workers is the Federal Railroad Safety Act. It is unlawful for railroads to take adverse actions against railroad workers who engage in “protected activity,” which includes whistleblowing. Rossi Vucinovich, PC is available to assist you if you have been a whistleblower, and are being targeted for Retaliation. Our knowledgeable attorneys can help combat railroad retaliation. Railroads must provide the necessary time to report any accident or other incident that involves an employee to the FRA (National Transportation Safety Board) (NTSB). Although most railroads are conscientious in reporting, it's not uncommon for accidents or incidents to occur that are not required to be reported. FELA Railroad workers in the United States are protected by the Federal Employers' Liability Act. This law was created to protect workers from deaths and injuries by shifting the financial burden from individual workers to railroads. The FELA provides the legal requirements that railroad companies must meet by providing safe working environments, properly training employees while also assessing for hazards and enforcing safety regulations. A railroad company that fails to meet these requirements is considered to be negligent and can be held accountable in a lawsuit for negligence under the FELA. FELA is a powerful tool to protect injured workers however it is not without its problems. First, a worker has to demonstrate that the railroad was negligent and that their actions caused their injury. This is typically easier in an FELA case than in a standard personal injury lawsuit. A railroad worker must also show that their employer breached any safety regulations or laws of the federal or state. If a railroad violates one of these laws, an employee is able to prove that it caused injury and is therefore liable under FELA. In the end, a railroad worker must prove that their injury was irreparable. This is important because an injury that is permanent is usually more valuable than one that isn't. Furthermore, many types of workplace accidents could cause serious long-term harm, including fractures, such as bones, pulled muscles, lacerations and joint strains. Also, repetitive motion injuries such as tendinitis and carpal tunnel syndrome can aggravate or accelerate existing medical conditions. If you're dealing with a the complexity of a huge, complex and possibly expensive claim against railroads, it is essential to consult an skilled FELA attorney. An average personal injury attorney isn't able to handle the vast amount of knowledge and resources available to railroads. Comparative Negligence In the field of railroad injury litigation one of the biggest issues is to determine who was at fault in an accident. It can be difficult to apportion blame in some cases but with the help of comparative negligence parties, they can work together to a correct conclusion that will benefit both. Comparative negligence is a legal process that permits the parties involved in a car crash to assign liability according to their contributions to the causes of the crash. This allows you to calculate damages in the event of multi-car collisions and pile-up accidents. Drivers who fail or fails to obey traffic signals such as stop signs, can be held responsible under a relative negligence rule. This can be particularly beneficial in cases involving railroad accidents where the failure of the company to properly maintain or repair its equipment could be considered to be a contributing cause to the injuries sustained by the injured worker. Three types of comparative negligence are found in the United States: modified, pure, and contributory. All three are applicable in some way, but the most common is the modified method. A modified comparative negligence system enables an injured person to recover the amount they owe, provided that their share of blame is not greater than 50% or equals the percentage of a different defendant or group. In many states, however, this rule is only applicable to personal injury claims and wrongful death claims. This system is based on a theory of negligence, and it analyzes the four basic elements of negligence that include duty of care, breach of duty of care, causation, and damages. A skilled attorney must prove these elements to obtain a favorable result 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 law it is possible for an injured party to recover even if they are found 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 on the job. The law that governs workers' rights is referred to as the Federal Employers Liability Act (FELA). In FELA instances, an employee must be able to prove that the employer was negligent. If this is the case, the employee is entitled to be awarded compensation for medical expenses along with lost wages and other damages. Unlike state workers' comp systems that rely on damage caps to restrict the amount an employee can receive, FELA allows injured workers to receive compensation for all losses that are not economic. This includes suffering, pain as well as loss of enjoyment emotional distress, disability, and other losses. The nature of the accident or death will determine the amount of damages a railroad worker may seek. For instance in the event that a train operator dies in a crash on the tracks, the family of the deceased can sue for wrongful death and damages for loss of companionship and financial support. Furthermore, if the train driver was killed because of negligence on the part of another party, then the person responsible for the accident may be held accountable for the death the train driver. This could be a car operator or owner as well as pedestrians or even the family members of the driver. Additionally, if a railroad worker was injured while repairing the track or a train itself, then the employer may be liable for the injuries. The employer could also be responsible if the worker was under the influence of alcohol or drugs at the time of the incident which could result in the risk of injury being increased. Federal laws that regulate safety of railroads include the Boiler Inspection Act, and the Railroad Safety Act. These laws set standards for the safe operation of rail cars and trains. For railroad accident lawyer near me now requires that railroads examine their trains to make sure that they're operating safely and in accordance with their specifications. This is to ensure that the safety of the public and welfare is not endangered when a train travels on the tracks.