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 cost of medical bills in the past and in the future and lost wages, as well as permanent disability, and disfigurement Federal law FELA Federal Employers' Liability Act, protects railroad workers It permits monetary compensation for the suffering of a worker that are not covered by the state workers' compensation laws Prompt Reporting An injury claim that is not filed can have a significant impact on an employee's capability to receive medical treatment NCCI research has shown that the longer an injury remains not reported, the greater the chance that the claim will remain unpaid and open Railroads are responsible to ensure that their employees have safe working environments and that all their tools and equipment are safe to be used If it is found to be in violation of this duty and the employee is found to be in violation, the employee has the right to file a lawsuit against the railroad for the damages incurred Railroad safety rules require railroad employees to report any injuries they suffer However, it's usually difficult to get an injured worker to do this It is crucial that an employee immediately disclose the injury to the employer and seeks legal advice from an attorney Railroads must ensure that their employees are protected at work and provide timely and effective medical treatment Accidents can be avoided from becoming more expensive and severe by providing medical attention promptly Additionally under FELA, railroads are required to pay for the cost of all medical treatment offered to employees who are injured on the job This includes transportation to and from the doctor's office as well as prescription medications and treatment for any resulting physical and mental ailments The railroad must keep all of these records and any other evidence that it gathers in the course of investigating and the treatment of claims Infractions to the railroad's rules could lead to severe discipline which could include dismissal from the job Another federal law that protects railroad employees is the Federal Railroad Safety Act https//vimeocom/708693630 is unlawful for railroads to take negative actions against railroad employees who engage in "protected activities," which includes whistleblowing Rossi Vucinovich, PC is available to assist you if have been a whistleblower and are being subject to Retaliation Our experienced lawyers can assist you in fighting against railroad retaliation as well as pursue justice A railroad must provide the necessary time to report any accident or other incident involving an employee to the FRA National Transportation Safety Board NTSB While railroads are generally cautious regarding reporting accidents and incidents but it is not unusual for them not to report these incidents FELA In the United States, railroad workers are protected by the Federal Employers' Liability Act FELA The law was designed to prevent worker deaths and injuries by shifting the financial burden from the individual employee to railroads FELA defines the legal obligations that all railroad companies must meet, including creating safe workplaces as well as properly training employees, checking for dangers and enforcing safety guidelines Failure to meet these regulations can result in railroad companies being held accountable for negligence FELA is a very effective tool to protect injured workers but it also has its own set of challenges First, the worker must demonstrate that the railroad was negligent and their negligence caused their injury This is typically simpler in an FELA case than in a typical personal injuries claim Second, a railroad employee must prove that their employer broke the law of the state or federal or safety rule A railroad that violates any of these laws could easily prove that it caused injury and therefore is liable under the FELA A railroad worker must be able to prove that their injury was permanent This is vital because an injury which is permanent is typically of greater value than one that is not Furthermore, many types of workplace accidents could cause permanent damage that lasts for a long time, including traumatizing injuries such as broken bones or muscles, lacerations, pulled muscles and joint strains Repetitive motion injuries, such as tendinitis or carpal tunnel syndrome can also worsen or intensify existing medical ailments If you're dealing with a a large, complex and potentially costly claim against railroads, it is crucial to work with an skilled FELA attorney A typical personal injury lawyer who isn't an expert in this area will be overwhelmed by the amount of resources and expertise that railroads are willing to put behind an action Comparative Negligence One of the most crucial issues in the field of railroad injury litigation is to determine who was at fault for the accident While it can be difficult to determine who is at fault in certain situations, comparative negligence may help the parties come to an agreement that benefits everyone Comparative negligence is a legal procedure that allows the parties in a car accident to assign liability according to their respective contributions to the incident This makes it easier to calculate damages in the event of pile-ups and multi-car crashes Drivers who fail or fails to obey traffic rules like stop signs, could be held responsible under a common negligence rule This can be particularly beneficial in cases involving railroad accidents where the failure of the company to maintain or repair its equipment can be considered to be a contributing factor to the injury suffered by the injured worker Three types of comparative negligence exist in the United States modified, pure, and contributory All three are applicable in some way, but the most common is the modified version A modified comparative negligence system allows the victim to seek compensation in the form of money, provided their share of blame is not greater than 50 or surpasses that of another defendant or group In many states however, this rule only applies to personal injury and wrongful death claims This system is based on a concept of negligence and considers the four established elements of negligence duty of care, breach of duty of care, causation, and damages It is essential for an experienced attorney to prove these factors for a favorable settlement for the plaintiff In contrast to contributory negligence, which is only recognized in five states Pure negligence by comparison is the law of the majority of states In this case the injured party is able to recover even if they are found 99 at fault This is known as pure comparative negligence in New York, but only thirteen other states utilize it Damages Railroad workers are entitled to compensation in the event of being 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 case, the employee is entitled to get compensation for medical expenses or lost wages, as well as other damages In contrast to state workers' compensation systems, which use damage caps to limit the amount of compensation that an employee can claim, 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 nature of the accident or death will determine the amount of damages a railroad worker can sue for For instance, if a train driver dies in an accident on the tracks, the family of the deceased may sue for wrongful death and damages for loss of companionship and financial support If the train driver dies because of the negligence of someone else the person responsible could be held responsible for the death This could be a car owner or operator as well as pedestrians or even the family members of the driver Additionally, if a railroad worker was hurt while repairing a train or the track itself, then the employer could be accountable for the injury The employer could also be responsible if the worker was under the influence of alcohol or other drugs at the time of the incident and could result in an increased risk of injury There are also some specific federal laws that apply to railroad safety, for instance the Boiler Inspection Act and the Railroad Safety Act These laws establish standards for the safe operation of rail cars and trains For example For instance, the Railroad Safety Act requires that railroads inspect their trains in order to make sure that they're operating in a safe manner and conforming to their specifications This is to ensure that the public's safety and well-being are not compromised while a train is traveling on the tracks