Railroad Injuries Litigation If you or a loved one was injured in a train accident you may be entitled to compensation These damages can include the future and past medical expenses as well as lost wages, permanent disability and disfigurement Federal law FELA Federal Employers' Liability Act, protects railroad workers It allows monetary payouts for pain and suffering which are not provided under the state laws governing workers' compensation 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 shows that the longer an injury is not reported, the higher the likelihood that it will remain unpaid The railroad has a duty to ensure that its employees are in a safe place of work and that all its equipment and tools are employed in a safe manner The railroad can sue an employee for damages if it violates this duty Most railroads have safety rules that require employees to report any accident-causing injuries However, it's often difficult to convince an injured worker to make this report It is essential that an employee immediately disclose the injury to the employer and seek legal advice from an attorney Railroads must ensure that their employees are safe at work and provide prompt and efficient medical treatment The prompt treatment of medical issues can prevent injuries from becoming serious and 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 prescription medication and treatment for any resulting physical or mental ailments The railroad must keep an eye on these records along with any other evidence it gathers during the investigation and handling of a claim Failure to follow the railroad's rules could result in severe discipline, including discharge from the employment Another federal law which protects railroad workers is the Federal Railroad Safety Act According to this law, it is unlawful for railroads to take adverse action against a railway worker who engages 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 subject to reprisals Our knowledgeable attorneys can help fight railroad retaliation Generally, a railroad is required to provide a reasonable time to notify any accident or incident that involves an employee to the FRA or National Transportation Safety Board NTSB While railroads are generally diligent regarding reporting accidents and incidents however, it is not uncommon for them to not report them FELA Railroad workers in the United States are protected by the Federal Employers' Liability Act This law was established in order to prevent worker accidents or deaths by shifting the financial burden away from individual employees and onto railroads FELA provides legal obligations that all railroads must fulfill, such as providing safe work environments, properly training employees, checking for dangers, and enforcing safety rules Any railroad company that fails to adhere to these rules will be found negligent and may be held accountable in a lawsuit for negligence under the FELA While FELA is a powerful tool for protecting injured workers, it does come with its own set of challenges First, a worker must prove that the railroad was negligent and that their negligence caused their injury This is typically easier in an FELA case than in a traditional personal injuries claim Second, a railroad worker must prove that their employer broke an act of the federal or state legislature or safety rule If a railroad violates any of these laws, an employee is able to prove that it caused their injury and is therefore liable under FELA Finally, a railroad worker must prove that their injury was permanent This is important since an injury which is permanent is typically more valuable than one that is not Furthermore, many types of workplace accidents can cause permanent damage that lasts for a long time, including traumatic injuries such as broken bones and muscles, pulled muscles, lacerations and joint sprains Repetitive motion injuries, like tendinitis or carpal tunnel syndrome can also cause or worsen existing medical conditions It is essential to speak with an experienced FELA attorney when you have an extensive, costly and possibly costly claim against a railroad A typical personal injury lawyer who does not specialize in this field will be overwhelmed by the resources and expertise that railroads are willing to put behind an action Comparative Negligence In railroad injuries litigation one of the most important issues is how to determine who was responsible for an accident It can be difficult to determine the cause in certain instances but with the help of comparative negligence parties, they can work together to come to a correct conclusion that will benefit both Comparative negligence is a legal concept that permits parties involved in a car crash to allocate liability according to their contributions to the incident This helps in calculating damages in the event of pile-ups, multi-car collisions, or crashes Drivers who fail to pay attention to traffic signs, such as a stop sign, can be held responsible for the accident in a case of comparative negligence This is particularly useful when it comes to railroad injury lawsuits in cases where the failure of the company to maintain or repair its equipment may be considered to be a factor that contributed to worker's injuries There are three kinds of comparative negligence in the United States, including pure, modified, and contributory All three are applicable in a certain way however the most popular is the modified version A modified comparative negligence system allows an injured party to recover the amount they owe, provided that their percentage of responsibility is not more than 50 or equals the percentage of a different defendant or group https//vimeocom/708722886 does not apply to wrongful death and personal injury claims in most states The system is based on a concept of negligence that analyzes the four elements of negligence duty, breach, duty of care, and causation It is vital for an experienced lawyer to prove these factors in order to obtain a favorable outcome for the plaintiff Unlike contributory negligence, which is only recognized in five states Pure comparative negligence is the law of most states In this case it is possible for an injured party to be compensated even if they're found to be 100 at fault It is called pure comparative negligence in New York, but only thirteen other states apply it Damages Railroad workers are entitled to compensation if they are injured on the job Federal Employers Liability FELA is the law that regulates the rights of workers An employee must show 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 Contrary to state workers' compensation systems, which rely on damage caps to limit the amount of compensation that an employee can claim, FELA allows an injured worker to receive compensation for all non-economic and financial losses This includes pain and suffering and loss of enjoyment life, emotional distress, and disability The damages that railroad workers can seek depend on the nature of the injury or death If the train driver dies in an accident on the tracks, the family can sue for wrongful deaths and damages for loss of companionship or support If the train driver is killed due to the negligence of a third party the person who was responsible could be held accountable for the death This could include the car's owner, operator, pedestrian, or even the family members of the driver Furthermore, if a railway worker was injured while repairing the track or a train itself, the employer may be liable for the injuries Employers may also be responsible for injuries sustained by workers who were under the influence of alcohol or drugs when the accident occurred Federal laws that regulate safety of railroads include the Boiler Inspection Act, and the Railroad Safety Act These laws set safety standards for trains as well as rail cars For instance for instance, the Railroad Safety Act requires that railroads inspect their trains in order to make sure they're operating safely and in compliance with their specifications This is done to ensure the safety and welfare of the public whenever trains travel on tracks