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Railroad Injuries Litigation You could be eligible for compensation if you or a loved one was injured during a train crash. These damages include past and future medical expenses loss of wages, permanent disability and disfigurement. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides monetary compensation for suffering and pain that are not available under the state workers' compensation laws. Prompt Reporting A claim for injury that goes unreported can make a big difference in an employee's ability to receive medical treatment. NCCI research shows that the longer an employee's injury is not reported, the higher the likelihood that it will remain unpaid. Railroads are accountable to ensure their employees have safe places to work and that all their tools and equipment is safe employed. The railroad is able to sue an employee for damages in the event of a violation of this duty. Railroad safety regulations require railroad employees to report any injuries. However, railroad injury attorneys 's often difficult to get injured worker to do this. It is important that an employee immediately disclose the injury to the employer and seeks legal advice from an attorney. In addition to their obligation to ensure employees are safe in their workplace railways are also required to provide prompt and effective medical treatment. Injury can be prevented from becoming more costly and serious by providing medical attention promptly. Railroads are also required by FELA to pay for all medical care that an employee receives while working. This includes transport to and from doctors' offices, prescription medications and treatment for any physical or mental illnesses. The railroad must keep all of these records along with any other evidence it gathers during the investigation and handling of claims. Failure to adhere to the railroad's rules could result in severe discipline which could include dismissal from the job. Federal Railroad Safety Act is another important federal law that protects railroad workers. Under this act, it is illegal for a railroad to take adverse action against a railway worker who is engaged in “protected activities,” which include whistleblowing. If you have been a whistleblower or are being retaliated against for your actions, get in touch with Rossi Vucinovich PC right away. Our knowledgeable attorneys can help fight railroad retaliation. Railroads must allow sufficient time to report any accident or incident that involves an employee to the FRA (National Transportation Safety Board) (NTSB). While railroads are generally cautious regarding reporting accidents and incidents, it is not uncommon for them not to report these incidents. FELA In the United States, railroad workers are protected under the Federal Employers' Liability Act (FELA). The law was passed to protect workers from deaths or injuries by shifting the economic burden away from individual employees and onto the railroads. The FELA outlines the legal obligations that railroads have to meet, including providing safe work environments, properly training workers as well as examining for hazards and enforcing safety regulations. If a railroad fails to comply with these standards is deemed 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 comes with its own set of challenges. First, a worker has to prove that the railroad was negligent and that their actions caused their injury. This is typically simpler in an FELA case than in a standard personal injury claim. Second, a railroad employee must show that their employer violated a federal or state statute or safety regulation. If a railroad is found to have violated any of these laws, the employee can easily show that it caused injury and therefore is liable under FELA. Railroad workers must be able to prove that their injury was permanent. This is vital because an injury that is permanent is typically of greater value than one that is not. A lot of workplace accidents can cause long-term injuries, like broken bones, joint sprains and lacerations and even lacerations. Repetitive motion injuries, such as tendinitis or carpal tunnel syndrome can also cause or worsen existing medical ailments. When you're faced with the complexity of a huge, complex and potentially costly claim against railroads, it is crucial to work with an skilled FELA attorney. A typical personal injury attorney who isn't an expert in this area will be overwhelmed by the expertise and resources that railroads are prepared to put behind the case. Comparative Negligence In the case of railroad injuries, one of the major issues is how to determine who was at fault for an accident. It can be difficult to assign blame in certain cases, but with the help of comparative negligence both parties can work together to come to a correct conclusion that will benefit both. Comparative negligence allows for the parties involved in car accidents to be liable in proportion to their part in the accident. This makes it easier to calculate damages in the case of multi-car collisions or pile-up crashes. Drivers who fail to be aware of traffic rules like the stop sign, could be held accountable for the accident in a case of comparative negligence. This can be particularly useful in railroad injuries litigation where the company's failure to properly maintain or repair its equipment can be considered a contributing factor to the injury suffered by the injured worker. Three kinds of comparative negligence exist in the United States: modified, pure, and contributory. Although all three of them apply in some way, the most prevalent is the modified version. Under the modified comparative negligence system that applies to injured parties, they can get compensation for their losses as the percentage of blame is not greater than 50% or is greater than the responsibility of a defendant or group of defendants. This rule does not apply to wrongful death and personal injury claims in most states. This system is based on the theory of negligence, and it examines the four fundamental elements of negligence: duty of care, breach of duty of care, causation and damages. A skilled attorney must prove these elements in order to achieve a favorable outcome for the plaintiff. Pure comparative negligence is the law in the majority of states, but not the concept of contributory negligence that is only recognized by five states. Under this rule it is possible for an injured party to recover even if they are found to be 99% responsible. It is known as pure negligence by comparison in New York. Only thirteen other states have it. Damages When a railroad worker 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 cases, employees must be able to demonstrate that the employer was negligent. If this is the situation, the employee could be entitled to compensation for medical expenses, lost earnings and other damages. Unlike 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 be compensated for all economic and non-economic losses. This includes the cost of suffering as well as loss of enjoyment of life, emotional distress, and disability. The damages that railroad workers can seek depend on the nature of the injury or death. For instance in the event that a train operator dies in an accident that occurs on the tracks, the family members of the deceased can claim wrongful death and damages for loss of companionship and financial support. If the train driver is killed due to the negligence of a third party, the person responsible can be held accountable for the death. This could include the owner of the car or operator, pedestrian or even the family members of the driver. Furthermore, if a railway worker was injured while fixing the track or a train itself, then the employer could be responsible for the injuries. The employer may also be responsible if the worker was under the influence of alcohol or drugs at the time of the incident which could result in more risk of injury. There are also specific federal laws which apply to railway safety, including the Boiler Inspection Act and the Railroad Safety Act. These laws set safety standards for trains and rail cars. For instance The Railroad Safety Act requires that railroads inspect their trains to be sure that they're operating safely and in compliance with their specifications. This is done to ensure the safety and security of the public when trains are on tracks.