Railroad Injuries Litigation You may be entitled to compensation for you or your loved one were injured in a train crash 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 protecting railroad workers It permits monetary compensation for pain and suffering that are not permitted under the state workers' compensation laws 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 has shown that the longer an injury is not reported, the greater the chance that it will remain unpaid Railroads are required to ensure that their employees are provided with safe places to work and that all their tools and equipment are safe to be employed If it does not meet this requirement and the employee is found to be in violation, the employee has the right to make a claim against the railroad for damages incurred Railroad safety rules require railroad employees to report any injuries However, it can be difficult to convince an injured worker to make this report In these cases it is essential that the worker immediately notify the injured party immediately and that he or she seek legal advice from an attorney In addition to their obligation to ensure that employees have a safe working environment railways are also required to provide prompt and effective medical treatment A prompt medical treatment can help prevent injuries from becoming serious and more expensive to treat Railroads are also required by FELA to pay for all medical care employees receive working This includes transport to and from doctor's offices, prescription medication , and treatment for any resulting mental or physical injuries The railroad must keep all of these records along with any other evidence it collects in the course of investigating and the treatment of the claim Failure to comply with the railroad's rules can cause serious discipline including the termination of the job Another federal law protecting railroad workers is the Federal Railroad Safety Act It is unlawful for railroads to take adverse action against railroad workers who engage in "protected activity," which includes whistleblowing Rossi Vucinovich, PC is available to assist you if have been a whistleblower and you are being subject to retaliation Our skilled lawyers will help you fight against railroad retaliation, and pursue justice A railroad must provide an adequate amount of time to report any accident or incident involving an employee to the FRA National Transportation Safety Board NTSB While the majority of railroads are meticulous in reporting, it's not common for accidents or incidents to occur that are not required to be reported FELA In the United States, railroad workers are protected under the Federal Employers' Liability Act FELA This law was passed to protect workers from death and injuries by shifting the financial burden from the individual employee to the railroads The FELA sets out the legal obligations that railroad companies must meet by providing safe working environments, properly training employees while also assessing for hazards and enforcing safety regulations Failure to adhere to these requirements can lead to railroad companies being held responsible for negligence FELA is a very effective tool to protect injured workers however it also has its challenges First, the railroad has to be proven to be negligent by a worker This is usually easier in an FELA case than in a typical personal injury lawsuit A railroad worker must prove that their employer violated an act of the federal or state legislature or safety rule A railroad violating any of these laws could easily prove that it caused injury and is therefore accountable under the FELA In the end, a railroad worker must prove that their injury was irreparable This is important because an injury that is permanent can be more valuable than an injury that isn't A lot of workplace accidents can cause long-term injuries such as broken bones and lacerations, joint sprains, and even lacerations Repetitive motion injuries, like carpal tunnel syndrome or tendinitis, can also aggravate or accelerate existing medical conditions It is important to consult an experienced FELA attorney if you are facing a a complex, expensive and possibly costly claim against railroad An average personal injury lawyer isn't able to handle the vast amount of expertise and resources railroads have Comparative Negligence One of the most crucial issues in railroad injury litigation is to determine who was accountable for an accident Although it is difficult to assign blame in some cases, comparative negligence can help the parties come to an agreement that benefits all Comparative negligence is a legal concept that permits the parties involved in a car accident to assign liability according of their contributions to the cause of the accident This allows you to calculate damages in the event of collisions involving multiple cars and pile-up accidents Drivers who fail or refuses to obey traffic rules like stop signs, could be held accountable under a comparative negligence rule This can be particularly beneficial in cases involving railroad injuries, where the company's failure to properly maintain or repair its equipment could be considered a contributing factor in the injuries suffered by the injured worker Three types of comparative negligence exist in the United States modified, pure, and contributory While all three are applicable in some manner, the most commonly used is the modified approach Under the modified comparative negligence system that applies to injured parties, they can recover monetary damages as long as their percentage of fault is not more than 50 or is greater than the fault of another defendant or group of defendants This rule is not applicable to personal injury claims in many states This system is based on a concept of negligence, and it analyzes the four basic elements of negligence which are duty of care breach of duty of care, causation, and damages It is vital for an experienced attorney to prove these elements in order to obtain an outcome that is favorable for the plaintiff Pure comparative negligence is the law in the majority of states, in contrast to contributory negligence , which is only recognized by five states In this case it is possible for an injured party to get compensation even if found 99 at fault This is known as pure comparative negligence in New York, but only thirteen other states have it Damages Railroad workers are entitled to compensation if injured on the job The law that governs workers' rights is known as the Federal Employers Liability Act FELA In FELA instances, an employee must be able to prove that the employer was negligent If that is the case, the employee can be awarded compensation for medical expenses as well as lost wages and other damages In contrast to state workers' compensation systems, which rely on damage caps to limit the amount of compensation an employee can receive, FELA allows an injured worker to receive compensation for all economic and 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 a train driver is killed in an accident on the tracks and family members can sue the railroad for wrongful deaths and damages for loss of companionship or support If the train driver dies by negligence of another party the person responsible could be held accountable for the death This could include the vehicle owner driver, operator, pedestrian or even the family members of the driver In addition, if a railway worker was injured while repairing the track or a train itself, the employer could be responsible for the injury The employer may also be responsible if the worker was under the influence of alcohol or drugs at the time of the incident which could have led to more risk of injury Federal laws that regulate safety of railroads include the Boiler Inspection Act, and the Railroad Safety Act https//vimeocom/708914307 establish standards for safety for trains and rail cars Railroad Safety Act, for example requires railroads inspect their trains in order to ensure they operate safely and in accordance to their specifications This is done to ensure that the public's safety and well-being are not compromised while a train is traveling on tracks