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Railroad Injuries Litigation If you or someone close to you was injured in a train accident and you were injured, you may be entitled to compensation. These damages could include the future and past medical costs as well as lost wages permanent disability, disfigurement and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides financial compensation for the pain and suffering that is not covered by state workers' compensation laws. Prompt Reporting An injury claim that is not disclosed can have a major impact on an employee's capacity to receive medical treatment. NCCI research has proven that the longer an injury is unreported, the greater the likelihood that a claim will remain unpaid and open. The railroad is responsible to ensure that its employees have an area of work that is safe and that all of its equipment and tools are utilized in a safe manner. The railroad may claim damages against an employee in the event of a violation of this duty. Railroad safety rules require railroad employees to report any injuries they suffer. However, it's usually difficult to convince an injured worker to do this. In these cases it is essential to report the injury immediately and seek legal advice from an attorney. In addition to their obligation to ensure employees have a safe working environment railroads are also required to provide efficient and prompt medical treatment. Medical treatment that is timely can stop injuries from becoming severe and more expensive to treat. In addition under FELA railroads are also required to pay the cost of all medical treatment for an employee who is injured on the job. This includes transportation to and from the doctor's appointment as well as prescription medications and treatment for any physical or mental illnesses. These records and any other evidence that is gathered during an investigation or the treatment of a claim should be kept by the railroad. Failure to comply with the railroad's rules could result in serious disciplinary action and even termination from the employment. Another important federal law that protects railroad workers is the Federal Railroad Safety Act. It is illegal for railroads to take negative actions against railroad workers who engage in “protected activities,” which includes whistleblowing. Rossi Vucinovich, PC is available to help you if you have been a whistleblower and are being targeted for retaliation. Our experienced lawyers can help fight railroad retaliation. Generallyspeaking, railroads is required to provide an adequate time to report any accident or other incident that involves an employee to the FRA or National Transportation Safety Board (NTSB). While most railroads are diligent in reporting, it is not uncommon for accidents or other incidents to occur that aren't required to be reported. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. This law was created to protect workers from deaths and injuries by shifting the financial burden from individual workers to the railroads. FELA provides legal obligations that all railroad companies must meet, including creating safe workplaces by properly training employees, inspecting for hazards and enforcing safety standards. Failure to comply with these regulations can result in railroad companies being held accountable for negligence. FELA is a powerful tool to protect injured workers but it also has its own set of challenges. First, a worker has to demonstrate that the railroad was negligent and their negligence caused their injury. This is typically much simpler to prove in an FELA case than in the traditional personal injury case. A railroad worker must also show that their employer violated any safety regulations or statutes of the federal or state. A railroad violating any of these laws can easily establish that it caused the injury and is therefore accountable under the FELA. Then, a railroad employee must prove that their injury was permanent. This is important because an injury that is permanent is generally of greater value than one that isn't. Furthermore, a variety of workplace accidents can result in severe long-term damage, such as traumatic injuries such as broken bones as well as pulled muscles, lacerations and joint strains. Also, repetitive motion injuries like tendinitis and carpal tunnel syndrome can cause a worsening or acceleration of existing medical ailments. When you are dealing with a large, complex and possibly expensive claim against a railroad, it is essential to consult 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 a claim. Comparative Negligence In the field of railroad injury litigation one of the most important issues is how to determine who was at fault in an accident. It can be difficult to apportion blame in some cases, but with the help of comparative negligence the parties can come to a fair and accurate conclusion that benefits both. Comparative negligence permits those involved in car accidents to be liable according to their contribution to the incident. This allows you to calculate damages in the event of pile-ups, multi-car collisions, or collisions. A driver who fails or refuses to obey traffic rules, such as stop signs, may be held accountable under a relative negligence rule. This is particularly relevant when it comes to railroad injury lawsuit s, where the failure of a company to maintain or repair its equipment could be considered to be a contributing factor to the worker's injuries. There are three different kinds of comparative negligence in the United States, including pure as well as modified and contributory. All three are applicable in a certain way however the most popular is the modified method. Under the modified system of comparative negligence, an injured party may recover monetary damages as the percentage of blame is not more than 50% or is greater than the responsibility of a defendant or group of defendants. This rule is not applicable to wrongful death and personal injury claims in a majority of states. The system is based on the concept of neglect and examines the four elements of negligence: breach of duty breach, breach, duty of care and causation. An experienced attorney must demonstrate these elements in order to achieve a favorable verdict for the plaintiff. Pure comparative negligence is a standard in all states, whereas the concept of contributory negligence, which is recognized by five states. In this case the injured party is able to recover even if they are found to be 99% at fault. It is called pure comparative negligence in New York, but only thirteen other states apply it. Damages If a railroad employee is injured on the job they are entitled to compensation. The law governing workers' rights is referred to as the Federal Employers Liability Act (FELA). An employee must prove 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. In contrast to state workers' compensation systems, which rely on damage caps to limit the amount of compensation an employee can recover, FELA allows an injured worker to receive compensation for all non-economic and financial losses. This includes pain, suffering and enjoyment loss emotional distress, disability, and other losses. The nature of the injury or death will determine the damages a railroad worker can seek. If the train driver dies in an accident on the tracks, the family can sue for damages resulting from wrongful deaths as well as for loss of companionship or support. Additionally, if the train driver died due to negligence on the part of another party, then that person who caused the accident is responsible for the death of the train driver. This could include a car operator or owner as well as pedestrians or even the driver's family members. Furthermore, if a railway worker was hurt while repairing a train or the track itself, the employer could be accountable for the injuries. The employer could also be held accountable if the worker was under the influence of alcohol or other drugs at the time of the accident and could result in an higher risk of injury. There are also specific federal laws that are applicable to railroad safety, for instance the Boiler Inspection Act and the Railroad Safety Act. These acts set standards for the safety of trains and rail cars. For example for instance, the Railroad Safety Act requires that railroads examine their trains to make sure that they're operating properly and in line with their specifications. This is to ensure that the safety of the public and well-being is not at risk when a train runs along the tracks.