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Railroad Injuries Litigation If you or someone close to you was injured in a train collision you may be entitled to compensation. The damages may include past and future medical expenses in addition to lost wages, permanent disability, disfigurement and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It permits monetary compensation for suffering and pain that are not available under state laws on workers' compensation. Prompt Reporting An injury claim that is unreported can make an enormous difference in the employee's ability to receive medical treatment. NCCI research has shown that the longer an injury is not reported, the higher the chance that it'll remain unpaid. The railroad is responsible to ensure that its employees are in a safe place of work and that all of its equipment and tools are employed in a safe manner. The railroad is able to claim damages against an employee when it fails to comply with this obligation. Railroad safety rules require railroad employees to report any injuries. However, it is often difficult to get an injured worker to do this. In these instances it is essential to notify the injured party immediately and seek legal advice from an attorney. In addition, to a railroad's obligation to ensure that their employees are safe in their workplace, railroads are also required to provide quick and efficient medical care. Accidents can be avoided from becoming more costly and expensive by providing prompt medical treatment. Furthermore, under FELA, railroads are required to pay the cost of medical treatment provided to employees who are injured while on the job. This includes transportation to and from the doctor's office as well as prescription medications and treatment for any physical or mental ailments. These records, along with any other evidence gathered during the investigation or treatment of a dispute must be maintained by the railroad. Failure to adhere to the railroad's rules could result in severe punishment and even dismissal from employment. Federal Railroad Safety Act is another important federal law that safeguards railroad workers. It is illegal for railroads to take a negative action against a railway worker who is engaged in “protected activities,” which include whistleblowing. Rossi Vucinovich, PC is available to assist you in the event that you have been a whistleblower and are being targeted for retaliation. Our experienced lawyers can help fight railroad retaliation. Railroads must provide sufficient time to report any accident or incident that involves employees to the FRA (National Transportation Safety Board) (NTSB). While railroads are generally mindful regarding reporting accidents and incidents, it is not uncommon that they fail to report them. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. This law was created to protect workers from injury or death by shifting the burden of economic responsibility off of individual employees and onto railroads. The FELA sets out the legal obligations that railroad companies must meet, including providing safe work environments, properly training workers while also assessing for hazards and enforcing safety standards. Failure to comply with these regulations can result in railroad companies being held liable for negligence. While FELA is a powerful tool to protect injured workers, it comes with its own set challenges. First, the injured worker must demonstrate that the railroad was negligent and that their negligence caused their injury. This is typically much easier to prove in an FELA case than in a traditional personal injury claim. Second, a railroad worker must show that their employer violated a federal or state statute or safety rule. If a railroad is found to have violated any of these laws, the worker is able to prove that it caused injury, and thus is liable under FELA. Railroad workers must also demonstrate that their injury is permanent. This is important since an injury that is permanent is typically of greater value than one that isn't. Furthermore, many types of workplace accidents can cause severe long-term damage, such as traumatizing injuries such as broken bones or muscles, lacerations, pulled muscles and joint strains. Additionally, repetitive motion injuries like tendinitis and carpal tunnel syndrome can aggravate or accelerate existing medical ailments. It is crucial to consult an experienced FELA attorney if you have a a complex, expensive and possibly expensive claim against a railroad. A typical personal injury lawyer cannot deal with the huge amount of knowledge and resources available to railroads. Comparative Negligence One of the most significant issues in railroad injury litigation is to determine who was responsible for an accident. It can be difficult to determine the cause in some instances but with the help of comparative negligence the parties can come to a fair and accurate conclusion that benefits both. Comparative negligence allows for the parties involved in car accidents to be liable depending on their contribution to the incident. railroad lawyer allows you to determine damages in the event of collisions involving multiple cars and pile-up accidents. A driver who fails or fails to obey traffic rules such as stop signs, may be held responsible under a relative negligence rule. This is particularly helpful in the case of railroad injuries where the failure of the company to maintain or repair its equipment can be considered to be a contributing cause to the injured worker's injuries. There are three types of comparative negligence in the United States, including pure as well as modified and contributory. While all three apply in some way, the most popular is the modified version. A modified comparative negligence system permits an injured party to recover the amount they owe, provided that the percentage of fault is not more than 50% or equals the percentage of a different defendant or group. In the majority of states this rule is only applicable to personal injury and wrongful deaths. This system is based on a concept of negligence that examines the four components of negligence: breach of duty breach, breach of duty, duty of care and causation. A knowledgeable attorney must prove these elements to achieve a favorable outcome for the plaintiff. Pure comparative negligence is the standard in all states, unlike contributory negligence which is only recognized by five states. According to this rule, an injured party can recover even if they are found to be 99% responsible. It is known as pure comparative negligence in New York. Only thirteen other states use it. Damages When a railroad worker is injured on the job, they are entitled to compensation. Federal Employers Liability (FELA) is the law that governs workers' rights. An employee must 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. As opposed to state-run workers' compensation systems that rely on damage caps to limit the amount an employee can receive, FELA allows injured workers to be compensated for all losses that are not economic. This includes suffering, pain, loss of enjoyment, emotional distress, disability, and other losses. The damages that a railroad worker can claim depend on the nature of the injury or death. For instance in the event that a train operator dies in an accident that occurs on the tracks, the family members of the deceased can seek compensation for the wrongful death of the deceased and damages for the loss of companionship and support. In addition, if a train driver died due to negligence on the part of someone else, then the person responsible for the accident could be held accountable for the death of the train driver. This could include a car owner or operator, a pedestrian, or even the driver's family members. Additionally, if a railroad worker was injured while repairing the track or a train itself, then the employer could be accountable for the injuries. Employers could also be held accountable for injuries suffered by workers who were under the influence of alcohol or drugs when the accident occurred. There are also specific federal laws that apply to railroad safety, such as the Boiler Inspection Act and the Railroad Safety Act. These laws set standards for the safe operation of trains and rail cars. Railroad Safety Act, for instance requires railroads to check their trains to ensure that they are operating in a safe manner and in accordance with their standards. This is done to ensure the safety and welfare of the public when trains travel on tracks.