Railroad Injuries Litigation If you or someone close to you was injured in a rail accident, 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 FELA Federal Employers' Liability Act is a federal law that protects railroad workers It permits monetary compensation for injuries and suffering that are not covered by state workers' compensation laws Prompt Reporting Having an injury claim go unreported can make a huge difference in the employee's ability to receive medical treatment NCCI research indicates that the longer an employee's injury is not reported, the higher chance it is that it will remain unpaid The railroad has a responsibility to ensure that its employees have a safe place of work and that all of its equipment and tools are used in a safe way If it is found to be in violation of this duty, then the employee can bring a lawsuit against the railroad for damages Most railroads have safety standards that require employees to report any accidents that cause injuries It can be difficult for injured workers to report injuries In these cases it is crucial that the worker immediately 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 in a safe working space, railroads are also required to provide timely and efficient medical care Medical treatment that is timely can stop injuries from becoming more serious and more costly to treat Railroads are also required by FELA to pay for all medical treatment that employees receive working This includes transportation to and from the doctor's office , as well as prescription medications and treatment for any resulting physical or mental ailments The railroad must keep all of these records along with any other evidence they gather in the course of investigating and the treatment of a claim Failure to adhere to the railroad's rules could result in severe punishment, including dismissal from employment Another important federal law that protects railroad workers is the Federal Railroad Safety Act It is unlawful for railroads to take negative action against railroad workers who engage in "protected activities," which includes whistleblowing Rossi Vucinovich, PC is available to assist you if have been a whistleblower who is being targeted for reprisals Our skilled attorneys can assist you to fight railroad retaliation A railroad must provide the necessary time to report any accident or other incident that involves an employee to the FRA National Transportation Safety Board NTSB While railroads are generally cautious regarding reporting accidents and incidents however, it is not uncommon for them to fail to report them FELA In the United States, railroad workers are protected by the Federal Employers' Liability Act FELA This law was passed to prevent worker deaths and injuries by shifting the economic burden from individual workers to the railroads FELA defines the legal obligations that railroads must be able to fulfill, including providing safe work environments as well as adequately training employees, inspecting for dangers and enforcing safety standards Infractions to these regulations can result in railroad companies being held responsible for negligence FELA is a very effective tool to safeguard injured workers, but it is not without its problems First, the worker must prove that the railroad was negligent and that their actions caused their injury This is usually easier in an FELA case than in a typical personal injury claim The second requirement is that a railroad employee must prove that their employer violated any state or federal statute or safety regulation A railroad that violates any of these laws can 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 typically more valuable than one that is not Moreover, many types of workplace accidents can cause serious long-term harm, including traumatizing injuries such as broken bones and muscles, pulled muscles, lacerations and joint sprains Repetitive motion injuries, like carpal tunnel syndrome or tendinitis can also worsen or intensify existing medical conditions It is essential to speak with an experienced FELA attorney if you have a an extensive, costly and possibly expensive claim against railroad A typical personal injury attorney who is not specialized in this field will be overwhelmed by the resources and expertise that railroads are willing to put behind a claim Comparative Negligence One of the most significant issues in railroad injury litigation is to determine who was responsible for an accident It may be difficult to assign blame in some cases but with the aid of comparative negligence, the parties can work together to a fair conclusion that will benefit both Comparative negligence permits participants in car accidents to share liability in proportion to the amount they contributed to the incident This makes it easier to calculate damages in the event of pile-ups or multi-car crashes Drivers who fail to be aware of traffic rules like an intersection stop sign, can be held accountable for the incident in a case of comparative negligence This can be particularly beneficial in cases involving railroad injuries, in which the company's failure to properly maintain or repair its equipment can be considered to be a contributing factor to the injured worker's injuries Three kinds 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 common is the modified approach Under the modified system of comparative negligence that applies to injured parties, they can recover monetary damages as the percentage of blame does not exceed 50 or exceeds the responsibility of a defendant or group of defendants In most states the rule is only applicable to personal injury claims and wrongful death claims This system is based on a concept of negligence that analyzes the four elements of negligence breach of duty, breach, duty of care, and causation It is vital for an experienced attorney to prove these elements in order to obtain an outcome that is favorable for the plaintiff Contrary to contributory negligence which is only recognized in five states Pure negligence by comparison is the law of the majority of states This allows an injured person to claim compensation even if they're found to be 99 responsible It's known as pure comparative negligence in New York, but only thirteen other states use it Damages Railroad workers are entitled to compensation in the event of being injured on the job The law that governs workers' rights is called the Federal Employers Liability Act FELA An employee must prove that their 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 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 losses that are not economic This includes the loss of pain and suffering, loss of enjoyment of life, emotional distress and disability The damages that railroad workers can claim depend on the nature of the injury or death If https//vimeocom/708695381 is killed in an accident on the tracks and the family can sue for damages resulting from wrongful deaths as well as for loss of companionship or support If the train driver is killed by negligence of another party, the person responsible can be held accountable for the death This could include a vehicle owner or operator as well as pedestrians, or even the family members of the driver In addition, if a railway worker was injured while fixing a train or the track itself, the employer could be responsible for the injury Employers can also be held responsible for injuries suffered by workers who were under the influence of alcohol or 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 standards for safety for trains and rail cars For instance, the Railroad Safety Act requires that railroads inspect their trains in order to make sure they're operating safely and in accordance with their specifications This is done to ensure that the safety of the public and well-being are not compromised when a train runs on the tracks