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Railroad Injuries Litigation If you or a loved one was injured in a train collision you may be entitled to compensation. These damages can cover the future and past medical costs as well as lost earnings permanent disability, disfigurement, and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides monetary compensation for the pain and suffering that is not covered by state laws governing workers' compensation. Prompt Reporting An injury claim that isn't reported can have a significant impact on an employee's capacity to receive medical treatment. NCCI research shows that the longer an employee's injury is not reported, the greater chance it is that it will remain unpaid. The railroad has a responsibility to ensure that its employees are in an area of work that is safe and that all its tools and equipment is used safely. The railroad may sue an employee for damages if it violates this duty. Railroad safety regulations require railroad employees to report any injuries they suffer. It isn't easy for injured workers to report injuries. In these cases, it is imperative that the worker notify the injured party as soon as they can and seek legal advice from an attorney. In addition to their obligation to ensure employees are in a safe working space, railroads are also required to provide prompt and effective medical care. Injuries can be prevented from becoming more serious and costly by providing timely medical treatment. Additionally under FELA railroads are required to pay the cost of all medical treatment for employees who are injured on the job. This includes transportation to and from the doctor's office , as well as prescription medication and treatment for any resulting physical or mental illnesses. These records and all other evidence gathered during the investigation or treatment of a dispute must be kept by the railroad. Infractions to railroad rules could lead to severe discipline and even dismissal from employment. Another federal law which protects railroad workers is the Federal Railroad Safety Act. According to this law, it is unlawful for railroads to take a negative action against a railway 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, call Rossi Vucinovich PC right away. Our skilled attorneys can assist you to combat railroad retaliation. In general, railroads must be given an appropriate time to report any accident or incident that involves an employee to the FRA or National Transportation Safety Board (NTSB). While railroads are generally mindful about reporting incidents and accidents however, it is not uncommon for them not to report them. FELA In the United States, railroad workers are protected under the Federal Employers' Liability Act (FELA). This law was enacted to protect workers from deaths and injuries by shifting the financial burden from individual employees to the railroads. FELA sets out legal duties that railroads must fulfill, such as providing safe working environments as well as adequately training employees, inspecting for hazards and enforcing safety guidelines. A railroad company that fails to meet these requirements is considered to be negligent and held liable in a lawsuit for negligence under the FELA. While FELA is a useful 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 often easier in an FELA case than in a standard personal injury lawsuit. Second, a railroad employee must prove that their employer broke an act of the federal or state legislature or safety regulation. If a railroad breaks any of these laws, an employee can easily prove that it caused injury and therefore is liable under FELA. Additionally, a worker on the railroad must prove that the injury they sustained was permanent. This is crucial since an injury that is permanent can be more valuable than one that isn't. Furthermore, many types of workplace accidents can cause serious long-term damage, including fractures, such as bones or muscles, lacerations, pulled muscles and joint sprains. Repetitive motion injuries, such as tendinitis or carpal tunnel syndrome can also worsen or intensify existing medical ailments. If you have to deal with a an extensive, complicated and potentially expensive claim against railroads, it's crucial to work with an experienced FELA attorney. A typical personal injury lawyer who isn't an expert in this area will be overwhelmed by the amount of resources and expertise that railroads have in place behind the case. Comparative Negligence In railroad injuries litigation one of the major issues is to determine the person who was at fault in an accident. It may be difficult to apportion blame in certain instances, but with the help of comparative negligence the parties can work together to come to a fair conclusion that benefits both. Comparative negligence is a legal concept that allows the parties in a car crash to allocate liability according to their respective contributions to the causes of the crash. This makes it easier for you to determine the amount of damages in the event of collisions involving multiple cars and pile-up accidents. railroad injury lawyer who fails to pay attention to traffic rules, such as an intersection stop sign, can be held accountable for the accident under the comparative negligence rule. This can be particularly useful in cases involving railroad injuries, in which the failure of a company to maintain or repair its equipment could be considered to be a contributing cause in the injuries suffered by the injured worker. Three kinds of comparative negligence exist in the United States: modified, pure, and contributory. All three can be applied in a different way however the most popular is the modified approach. A modified comparative negligence system allows an injured person to recover damages in cash, provided that their percentage of fault is not more than 50% or exceeds that of another defendant or group. In many states, however, this rule only applies to personal injury and wrongful deaths. This system is based on the theory of negligence and analyzes the four elements of negligence: duty, breach, duty of care, and causation. It is crucial for an experienced attorney to prove these factors in order to ensure an outcome that is favorable for the plaintiff. Pure comparative negligence is the norm in the majority of states, whereas the concept of contributory negligence that is only recognized by five states. Under this law an injured person can be compensated even if they're found to be 99% responsible. This is referred to as pure comparative negligence in New York. Only thirteen other states use it. Damages If a railway worker is injured on the job, they are entitled to compensation. The law governing workers' rights is called the Federal Employers Liability Act (FELA). 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' comp systems that use damage caps to limit the amount an employee can receive, FELA allows injured workers to be compensated for all non-economic losses. This includes pain and suffering, loss of enjoyment of life, emotional distress, and disability. The damages railroad workers may claim depend on the nature of the injury or death. If the train driver dies in an accident on the tracks, family members can sue the railroad for damages resulting from wrongful deaths as well as for loss of companionship or support. In addition, if a train driver died due to inattention on the part of someone else, then the person responsible for the accident may be held responsible for the death of the train driver. This could include the vehicle owner or operator, pedestrian or even the family members of the driver. The employer could also be liable for a railway worker who is injured while working on a track or train. Employers could also be held accountable for injuries suffered by workers who were under the influence of alcohol and drugs at the time the accident occurred. Federal laws that regulate safety of railroads include the Boiler Inspection Act, and the Railroad Safety Act. These laws establish safety standards for trains and rail cars. Railroad Safety Act, for instance requires railroads inspect their trains to ensure that they are operating safely and according to their specifications. This is to ensure the safety and security of the general public when trains are on tracks.