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Railroad Injuries Litigation If you or a loved one was injured in a train crash and you were injured, you may be entitled to compensation. These damages can include future and past medical expenses and lost wages, permanent disability, disfigurement and lost wages. FELA (Federal Employers' Liability Act) is a federal law that protects railroad workers. It allows for monetary payouts for pain and suffering that are not covered by state workers' compensation laws. Prompt Reporting An injury claim that is not filed can have a significant impact on an employee's capacity to receive medical treatment. NCCI research has shown that the longer an employee's injury is not reported, the greater the chance that it'll remain unpaid. The railroad has a responsibility to ensure that its employees are in a safe place of work and that all of its equipment and tools are used in a safe way. The railroad has the right to claim damages against an employee for breaching this duty. Railroad safety regulations require railroad employees to report any injuries they suffer. However, it is often difficult to convince an injured worker to do so. It is important that the employee immediately report the injury to the employer and seeks legal advice from an attorney. Railroads must ensure that employees are safe at work and provide timely and effective medical care. A prompt medical treatment can help prevent injuries from becoming severe and more costly to treat. In addition, under FELA railroads are required to cover the cost of medical care provided to employees who are injured while working. This includes transportation to and from doctor's offices, prescription medications and treatment for any physical or mental injuries. These records as well as any other evidence collected during an investigation or treatment of a claim should be maintained by the railroad. Infractions to railroad rules could result in severe disciplinary action including termination from employment. Federal Railroad Safety Act is another important federal law that protects railroad workers. Under this act, it is illegal for a railroad to take an adverse action against a railroad worker who is engaged in “protected activities,” which include whistleblowing. Rossi Vucinovich, PC is available to assist you if you have been a whistleblower, and are being subject to reprisals. Our experienced attorneys can help combat railroad retaliation. A railroad must give an adequate amount of time to report any accident or other incident that involves an employee to the FRA (National Transportation Safety Board) (NTSB). Although railroads are generally conscientious regarding reporting accidents and incidents, it is not uncommon that they fail to report these incidents. FELA Railroad workers in the United States are protected by the Federal Employers' Liability Act. This law was created to prevent worker deaths and injuries by shifting the financial burden from the individual employee to railroads. The FELA defines the legal obligations that railroads must adhere to by providing safe working environments, properly training employees while also assessing for hazards and enforcing safety regulations. Railroad companies that fail to meet these requirements can be found to be negligent and can be held accountable in a lawsuit for negligence under the FELA. FELA is a very effective tool to protect injured workers but it also has its challenges. First, the worker must demonstrate that the railroad was negligent and that their negligence caused their injury. This is typically simpler in an FELA case than in a traditional personal injury claim. railroad injury attorneys must also prove that their employer has violated any safety rules or statutes in the federal or state. A railroad that violates any of these laws can easily prove that it caused injury and is therefore accountable under the FELA. Railroad workers must also demonstrate that their injury is permanent. This is important as an injury that is permanent is often more valuable than an injury that isn't. Furthermore, many types of workplace accidents can cause severe long-term damage, such as traumatic injuries such as broken bones, pulled muscles, lacerations and joint strains. Additionally repetitive motion injuries such as carpal tunnel syndrome and tendinitis can make it more difficult or worsen existing medical ailments. It is imperative to speak with an experienced FELA attorney when you have a complicated, expensive and possibly costly claim against railroad. An average personal injury lawyer is not 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 how to determine who was responsible for the accident. It can be difficult to apportion blame in some cases, but with the help of comparative negligence both parties can work together to a fair conclusion which will benefit both. Comparative negligence is a legal concept that permits the parties involved in a car crash to apportion liability in proportion to their respective contributions to the causes of the accident. This allows you to calculate damages in the case of multi-car collisions or pile-up collisions. Drivers who fail to observe traffic conditions like the stop sign, could be held accountable for the accident in a case of comparative negligence. This is particularly useful in cases involving railroad injuries in which the failure of an organization to maintain or repair its equipment could be considered as an element that contributed to the worker's injuries. Three types of comparative negligence are found in the United States: modified, pure and contributory. While all three are applicable in some way, the most common is the modified version. A modified comparative negligence system enables the victim to seek compensation in the form of money, provided their share of blame is not more than 50% or equals that of a different defendant or group. This rule does not apply to personal injury claims in most states. The system is based on a concept of negligence that examines the four components of negligence: breach of duty breach, breach, duty of care and causation. A skilled attorney must prove these elements in order to obtain a favorable result for the plaintiff. Unlike contributory negligence, which is only recognized in five states, pure comparative negligence is the law in all states. According to this rule, an injured party can get compensation even if found to be 99% at fault. It is known as pure negligence by comparison in New York. Only thirteen other states use it. Damages Railroad workers are entitled to compensation if injured while working. The law that governs workers' rights is called the Federal Employers Liability Act (FELA). In FELA cases, the employee must 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, which use damage caps to limit the amount that an employee is entitled to, FELA allows injured workers to receive compensation for all non-economic losses. This includes pain and suffering, 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 in the event that a train operator dies in a crash on the tracks, the family of the deceased may sue for wrongful death and damages for loss of companionship and support. Furthermore, if the train driver was killed because of negligence on the part of another party, then that person responsible for the accident can be held responsible for the death of the train driver. This could include the owner of the car, operator, pedestrian, or even the family members of the driver. Additionally, if a railway worker was hurt while repairing the track or a train itself, then the employer could be responsible for the injury. Employers may also be responsible for injuries suffered by workers who were under the influence of alcohol and drugs at the time the accident occurred. Federal laws that regulate railroad safety include the Boiler Inspection Act, and the Railroad Safety Act. These laws set standards for the safe operation of trains and rail cars. For example For instance, the Railroad Safety Act requires that railroads inspect their trains to make sure that they operate safely and in compliance with their specifications. This is to ensure that the safety of the public and well-being are not compromised when a train is on the tracks.