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Railroad Injuries Litigation You may be entitled to compensation If you or a loved one was injured during a train crash. These damages include the future and past medical expenses and lost wages, as well as permanent disability and disfigurement. FELA (Federal Employers' Liability Act) is a federal law that protects railroad workers. It allows monetary payouts for suffering and pain that are not permitted under state workers' compensation laws. Prompt Reporting An injury claim that isn't disclosed can have a major impact on the employee's ability to receive medical treatment. NCCI research shows that the longer an employee's injury is not reported, the higher the chance that it will remain unpaid. The railroad has a duty to ensure that its employees have a safe place of work and that all its equipment and tools are employed in a safe manner. If it violates this duty and the employee is not satisfied, they can file a lawsuit against the railroad to recover damages. Railroad safety rules require railroad employees to report any injuries. It isn't easy for injured workers to report injuries. In these situations it is essential that the employee notify the injured party immediately and that he or she seek legal advice from an attorney. Railroads must ensure that employees are protected at work, and provide prompt and efficient medical treatment. Medical treatment that is timely can stop injuries from becoming severe and costly to treat. In addition under FELA railroads are required to cover the cost of all medical treatment offered to employees injured on the job. This includes transport to and from the doctor's offices, prescription medication , and treatment for any physical or mental injuries. The railroad must keep track of these records, as well as any other evidence it collects during the investigation or treatment of a claim. Infractions to the railroad's rules could result in serious disciplinary action, including discharge from the job. Another important federal law which protects railroad workers is the Federal Railroad Safety Act. It is illegal for a railroad 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 targeted for retaliation. Our knowledgeable attorneys can help fight railroad retaliation. Generally, a railroad is required to provide an appropriate time to submit any accident or incident that involves an employee to the FRA or the National Transportation Safety Board (NTSB). While railroads are generally diligent regarding reporting accidents and incidents however, it is not uncommon for them not to report them. FELA Railroad workers in the United States are protected by the Federal Employers' Liability Act. This law was enacted to prevent worker deaths and injuries by shifting the economic burden from individual workers to the railroads. FELA sets out legal duties that all railroads have to comply with, including creating safe workplaces by properly training employees, examining for hazards and enforcing safety regulations. A railroad company that fails to meet these requirements is deemed negligent and found liable in a lawsuit for negligence under the FELA. While FELA is a great tool to protect injured workers, it comes with its own set challenges. First, the railroad must be proven negligent by the worker. This is typically easier in an FELA case than in a traditional personal injury claim. Second, a railroad employee must prove that their employer violated any state or federal statute or safety rule. A railroad violating one of these laws can easily establish that it caused the injury and therefore is responsible under the FELA. A railroad worker must be able to prove that their injury is permanent. This is important as an injury that is permanent can be more valuable than one that doesn't. Many workplace accidents could result in long-term injuries, including broken bones, joint sprains, lacerations and even lacerations. Also, repetitive motion injuries like carpal tunnel syndrome and tendinitis can cause a worsening or acceleration of existing medical ailments. When you're faced with an enormous, complicated, and possibly costly claim against a railroad, it is essential to consult an skilled FELA attorney. A typical personal injury attorney who is not specialized in this field will be overwhelmed by the resources and expertise that railroads have in place behind the case. Comparative Negligence One of the most significant issues in the field of railroad injury litigation is to determine who is responsible for an accident. Although it may be difficult to assign blame in some situations, comparative negligence may help the parties come to an agreement that is beneficial to all parties. Comparative negligence allows for those involved in car accidents to share responsibility in proportion to the amount they contributed to the incident. This allows you to calculate the damages in the event of collisions involving multiple cars and pile-up accidents. A driver who fails or refuses to obey traffic signals, such as stop signs, may be held accountable under a comparative negligence rule. This can be particularly beneficial in cases involving railroad injuries, where the company's failure to maintain or repair its equipment can be considered to be a contributing factor to the injured worker's injuries. There are three types of comparative negligence in the United States, including pure or modified, and contributory. Although all three of them apply in some way, the most prevalent is the modified version. Under the modified comparative negligence system the injured party can be awarded monetary damages so the percentage of blame is not greater than 50% or exceeds the fault of another defendant or group of defendants. In most states, however, this rule is only applicable to personal injury claims and wrongful death claims. The system is based on the theory of negligence and examines the four components of negligence: duty breach, breach, duty of care and causation. An experienced attorney must demonstrate these elements to achieve a favorable outcome for the plaintiff. In contrast to contributory liability, which is only recognized in five states, pure negligence in a comparative manner is the law in all states. This law allows an injured person to recover even if they're determined to be 99% at fault. It's known as pure comparative negligence in New York, but only thirteen other states utilize it. Damages Railroad workers are entitled to compensation if injured on the job. 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 case, the employee could be compensated for medical expenses along with lost wages and other damages. In contrast to state workers' compensation systems that use damage caps to restrict the amount an employee is entitled to, FELA allows injured workers to be compensated for all non-economic losses. This includes suffering, pain as well as loss of enjoyment, emotional distress, disability and other losses. The damages that railroad workers can seek depend on the nature of the injury or death. If the train driver dies in an accident on the tracks and the family can sue for wrongful death and damages for loss of companionship or support. In addition, if the train driver died due to negligence by another party, then the person responsible for the accident may be held responsible for the death of the train driver. This could include a vehicle owner or operator as well as pedestrians, or even the family members of the driver. The employer may also be held accountable when a railway employee is injured while working on a train or track. Employers may also be responsible for injuries sustained by employees who were under the influence of alcohol or drugs at the time the accident occurred. There are also railroad injury lawsuit which apply to railroad safety, like the Boiler Inspection Act and the Railroad Safety Act. These laws set safety standards for trains and rail cars. Railroad Safety Act, for example requires railroads to check their trains in order to ensure they are operating in a safe manner and in accordance with their specifications. This is to ensure that the public's safety and well-being are not compromised when a train travels on the tracks.