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Railroad Injuries Litigation If you or a loved one was injured in a train accident you may be entitled to compensation. These damages can cover the future and past medical costs and lost wages, permanent disability, disfigurement and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. railroad injury lawyers allows monetary payouts for pain and suffering which are not provided under state workers' compensation laws. Prompt Reporting The fact that an injury claim is unreported can make a big difference in an employee's ability to receive medical treatment. NCCI research has shown that the longer an injury goes unreported, the greater the probability that a claim could remain open and unpaid. Railroads are required to ensure their employees have safe places to work and that all of their tools and equipment are safe used. If it does not meet this requirement and the employee is not satisfied, they can bring a lawsuit against the railroad for the damages incurred. Most railroads have safety guidelines that require employees to report any accident that causes injuries. It isn't always easy for injured workers to report injuries. It is important that the employee immediately report the injury to the employer and seek legal advice from an attorney. In addition to a railroad's obligation to ensure that employees are safe in their workplace railroads are also required to provide timely and efficient medical treatment. The prompt treatment of medical issues can prevent injuries from becoming more serious and more costly to treat. In addition under FELA railroads are required to cover the cost of medical care provided to employees who are injured while on the job. This includes transport to and from the doctor's offices, prescription medication , and treatment for any resulting mental or physical ailments. These records and any other evidence that is gathered during an investigation or treatment of a dispute must be maintained by the railroad. Failure to follow the railroad's rules could result in severe disciplinary action which could include dismissal from the job. Federal Railroad Safety Act is another important federal law that protects railroad workers. It is illegal for railroads to take negative action 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 targeted for retaliation. Our experienced lawyers can help combat railroad retaliation. Railroads must allow a reasonable amount of time to report any accident or incident that affects an employee to the FRA (National Transportation Safety Board) (NTSB). While the majority of railroads are meticulous in reporting incidents, it is not unusual for incidents or accidents 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 enacted to protect workers from deaths and injuries by shifting the financial burden from the individual employee to railroads. FELA provides legal obligations that railroads must be able to fulfill, including providing safe work environments, properly training employees, inspecting for dangers and enforcing safety standards. Any railroad company that fails to comply with these standards can be found to be negligent and could be found liable in a lawsuit for negligence under the FELA. FELA is a powerful tool to protect injured workers however it also has its challenges. First, the railroad must be proven negligent by the worker. This is usually simpler in an FELA case than it is in a traditional personal injury claim. A railroad worker must also demonstrate that their employer has violated any safety regulations or laws in the federal or state. A railroad that violates any of these laws may easily establish that it caused the injury and therefore is liable under the FELA. A railroad worker must be able to prove that their injury is permanent. This is crucial because an injury that is permanent is generally of greater value than one that isn't. Additionally, many kinds of workplace accidents can cause serious long-term harm, including traumatizing injuries such as broken bones, pulled muscles, lacerations and joint sprains. Repetitive motion injuries, such as carpal tunnel syndrome or tendinitis can also cause or accelerate existing medical conditions. It is essential to speak with an experienced FELA attorney if you have a a complex, expensive, and potentially costly claim against a railroad. A typical personal injury lawyer is not able to manage the massive amount of knowledge and resources that railroads have. Comparative Negligence One of the biggest issues in the field of railroad injury litigation is to determine who is responsible for the accident. While it can be challenging to assign blame in certain instances, comparative negligence can help the parties come to an agreement that is beneficial to all parties. Comparative negligence is a legal mechanism that permits parties involved in a car accident to apportion liability in proportion to their contribution to the cause of the accident. This makes it easier for you to calculate the damages in the event of multi-car collisions and pile-up accidents. A driver who fails to pay attention to traffic signs, such as a stop sign, can be held liable for the incident under the comparative negligence rule. This can be particularly beneficial in cases involving railroad injuries, where the company's failure to maintain or repair its equipment could be considered to be a contributing factor to the injury suffered by the injured worker. 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 popular is the modified method. A modified comparative negligence system allows an injured party to recover the amount they owe, provided that their percentage of responsibility is not greater than 50% or is greater than the percentage of a different defendant or group. This rule is not applicable to personal injury claims in a majority of states. The system is based on the theory of negligence and examines the four components of negligence: breach of duty breach, breach, duty care and causation. An experienced attorney must prove these elements in order to achieve a favorable outcome for the plaintiff. Unlike contributory negligence, which is only recognized in five states pure negligence in a comparative manner is the law in the majority of states. This allows an injured person to recover even if they're found to be 99% at fault. This is referred to as pure comparative negligence in New York, but only thirteen other states utilize it. Damages Railroad workers are entitled to compensation if injured while working. Federal Employers Liability (FELA) is the law that governs workers' rights. An employee must show that the employer was negligent in FELA cases. If this is the situation, the employee could be entitled to compensation for medical expenses, lost earnings and other damages. In contrast to state workers' comp systems, which use damage caps to limit the amount of compensation that an employee can claim, FELA allows an injured worker to be compensated for all non-economic and financial losses. This includes the suffering and pain and loss of enjoyment life, emotional distress, and disability. The nature of the accident or death will determine what damages a railroad worker can seek. If a train driver is killed in an accident on the tracks, the family can sue for wrongful death and damages for loss of companionship or support. In addition, if the train driver was killed because of negligence on the part of another party, then that person responsible for the accident can be held liable for the death of the train driver. This could be a car operator or owner as well as pedestrians, or even family members of the driver. Additionally, if a railroad worker was hurt while repairing a train or the track itself, the employer may be liable for the injuries. Employers can also be held responsible for injuries sustained by workers who were under the influence of alcohol and drugs at the time the accident occurred. There are also some specific federal laws that are applicable to railroad safety, such as the Boiler Inspection Act and the Railroad Safety Act. These laws establish safety standards for trains as well as rail cars. Railroad Safety Act, for example, requires railroads to inspect their trains to make sure that they are operating safely and according to their specifications. This is done to ensure that the safety of the public and well-being are not compromised when a train travels on the tracks.