Railroad Injuries Litigation If you or a loved one was injured in a train collision you may be entitled to compensation These damages can include future and past medical expenses loss of wages, permanent disability, and disfigurement FELA Federal Employers' Liability Act is a federal law that protects railroad workers It provides financial compensation for pain and suffering that is not covered by state workers' compensation laws https//vimeocom/708270226 Reporting The fact that an injury claim is unreported could make a significant difference in an employee's capacity to receive medical treatment NCCI research has revealed that the longer an injury goes unreported, the higher the probability that a claim could remain unpaid and open Railroads have a responsibility to ensure that their employees have safe working environments and that all their tools and equipment are safe used The railroad has the right to claim damages against an employee in the event of a violation of this duty Most railroads have safety rules that require employees to report any accidents that cause injuries It isn't easy for injured workers to report injuries In these cases, it is imperative to notify the injured party as soon as they can and seek legal advice from an attorney In addition to the obligation to ensure employees have a safe and secure working environment railways are also required to provide timely and efficient medical care Prompt medical treatment can prevent injuries from becoming severe and more costly to treat Railroads are also required by FELA to pay for all medical treatment employees receive working This includes transport to and from doctor's offices, prescription medications and treatment for any resulting mental or physical conditions The railroad must keep an eye on these records along with any other evidence they gather during the investigation or treatment of a claim Failure to comply with the railroad's rules can cause serious discipline and even termination from the job Another important federal law protecting railroad workers is the Federal Railroad Safety Act It is unlawful for railroads to take adverse actions against railroad workers who engage in "protected activity," which includes whistleblowing Rossi Vucinovich, PC is available to assist you in the event that you have been a whistleblower and you are being subject to the retaliation of a railroad Our experienced lawyers can help combat railroad retaliation Generally, a railroad is required to provide an adequate time to report any accident or incident that involves an employee to the FRA or National Transportation Safety Board NTSB While most railroads are diligent in reporting, it's not common for accidents or incidents 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 created to protect workers from accidents or deaths by shifting the economic burden off of individual employees and onto railroads FELA defines the legal obligations that all railroad companies must fulfill, such as providing safe workplaces as well as adequately training employees, inspecting for hazards and enforcing safety guidelines Any railroad company that fails to meet these requirements will be found negligent and could be held liable in a lawsuit for negligence under the FELA FELA is a powerful tool to safeguard injured workers, but it also comes with its own challenges First, the injured worker must prove that the railroad was negligent and that the railroad's negligence caused their injury This is often easier in an FELA case than in a traditional personal injury lawsuit Railroad workers must also demonstrate that their employer has violated any safety rules or statutes in the federal or state A railroad that violates any of these laws may easily prove that it caused the injury and therefore is at fault under the FELA A railroad worker must be able to prove that their injury was permanent This is vital because an injury that is permanent is usually of greater value than one that is not Furthermore, many types of workplace accidents could cause serious long-term harm, including traumatic injuries such as broken bones, pulled muscles, lacerations and joint strains Repetitive motion injuries, like carpal tunnel syndrome or tendinitis may also aggravate or accelerate existing medical conditions It is crucial to consult an experienced FELA attorney if you are facing a complicated, expensive and possibly expensive claim against a railroad A typical personal injury attorney who isn't specialized in this field will be overwhelmed by the amount of resources and experience that railroads have in place behind the case Comparative Negligence One of the most crucial issues in railroad injury litigation is how to determine who was at fault for the accident While it can be difficult to assign blame in certain circumstances, comparative negligence could help the parties come to an agreement that benefits everyone Comparative negligence allows for the parties involved in car accidents to share responsibility in proportion to the amount they contributed to the accident This allows you to calculate damages in the case of pile-ups, multi-car collisions, or crashes Drivers who fail to be aware of traffic rules, such as a stop sign, can be held accountable for the incident in a case of comparative negligence This is particularly relevant in the case of railroad injuries, where the failure of a company to maintain or repair its equipment can be considered to be a factor that contributed to worker's injuries Three types of comparative negligence are found in the United States modified, pure, and contributory Although all three of them apply in some way, the most prevalent is the modified method A modified comparative negligence system permits an injured person to recover the amount they owe, provided that their percentage of responsibility is not more than 50 or surpasses the percentage of another defendant or group In the majority of states the rule is only applicable to personal injury and wrongful death claims This system is based upon a concept of negligence that examines the four components of negligence breach of duty breach, breach of duty, duty of care, and causation It is essential for an experienced attorney to prove these factors in order to ensure an appropriate outcome for the plaintiff Pure comparative negligence is a standard in all states, in contrast to contributory negligence , which is only recognized by five states Under this law, an injured party can claim compensation even if found 99 at fault This is referred to as pure comparative negligence in New York Only thirteen other states have it Damages If a railroad employee is injured on the job, they are entitled to compensation The law that governs workers' rights is referred to as the Federal Employers Liability Act FELA In FELA instances, an employee must be able to prove that the employer was negligent If this is the case, the employee may be entitled to compensation for medical expenses, lost earnings and other damages Unlike state workers' comp systems that rely on damage caps to limit the amount an employee is entitled to, FELA allows injured workers to receive compensation for all non-economic losses This includes pain and suffering as well as loss of enjoyment of life, emotional distress and disability The damages that railroad workers may pursue depend on the nature of the injury or death For instance when a train driver dies in a crash on the tracks, the family of the deceased can seek compensation for the wrongful death of the deceased and damages for the loss of companionship and financial support If the train driver dies due to the negligence of a third party the person responsible could be held accountable for the death This could include a car owner or operator, a pedestrian, or even the family members of the driver The employer may also be liable if a railway worker is injured while working on a track or train The employer could also be liable if a worker was under the influence of alcohol or other drugs at the time of the accident which could result in more risk of injury Federal laws that regulate safety for railroads include the Boiler Inspection Act, and the Railroad Safety Act These laws establish safety standards for trains and rail cars For example for instance, the Railroad Safety Act requires that railroads examine their trains to make sure that they're operating safely and in compliance with their specifications This is done to ensure that the safety of the public and well-being are not compromised when a train is on tracks