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Railroad Injuries Litigation You could be eligible for compensation if you or a loved one was injured in a train accident These damages can include future and past medical expenses lost wages permanent disability and disfigurement Federal law FELA Federal Employers Liability Act protects railroad workers It permits monetary compensation for injuries and suffering that are not covered by the state laws governing workers compensation Prompt Reporting An injury claim that isnt reported could have a significant impact on the employees ability to receive medical treatment NCCI research shows that the longer an injury is not reported the greater chance it is that it will remain unpaid Railroads are responsible to ensure that their employees have safe working environments and that all their equipment and tools are safely employed If it fails to meet this obligation the employee may make a claim against the railroad for damages incurred Railroads have safety rules that require railroad employees to report any injuries However it is often difficult to get an injured worker to make this report In these cases it is imperative to notify the injured party immediately and that he or she seek 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 prevented from becoming more expensive and severe by providing timely medical treatment In addition under FELA railroads are also required to pay the cost of medical care provided to an employee who is injured while on the job This includes transportation to and from the doctors office as prescription medication and treatment for any resulting physical and mental ailments These records as well as any other evidence gathered during an investigation or the treatment of a claim must be maintained by the railroad Infractions to the rules of the railroad could cause serious discipline and even termination from the employment Federal Railroad Safety Act is another important federal law that safeguards railroad workers According to Accident Injury Lawyers it is illegal for railroads to take a negative action against a railroad employee who is engaged 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 skilled attorneys can assist you to combat railroad retaliation Generally a railroad must be given the opportunity to report any accident or other incident involving an employee to the FRA or National Transportation Safety Board NTSB While railroads are generally cautious regarding reporting accidents and incidents but it is not uncommon for them not to report them FELA Railroad workers in the United States are protected by the Federal Employers Liability Act This law was created in order to prevent worker accidents or deaths by shifting the burden of economic responsibility off of individual employees and onto railroads FELA sets out legal duties that all railroads must comply with including providing safe workplaces properly training employees inspecting for dangers and enforcing safety guidelines A railroad company that fails to meet these requirements is deemed negligent and sued for negligence under the FELA FELA is a powerful tool to protect injured workers however it is not without its problems First the injured worker must demonstrate that the railroad was negligent and that their actions caused their injury This is typically simpler in an FELA case than in a typical personal injury lawsuit A railroad worker must also prove that their employer has violated any safety rules or laws in the state or federal A railroad violating any of these laws could easily demonstrate that it caused the injury and is therefore at fault under the FELA Finally a railroad worker must prove that the injury they sustained was permanent This is crucial since an injury that is permanent is usually more valuable than one that isnt Furthermore a variety of workplace accidents can result in serious longterm damage including traumatic injuries such as broken bones and muscles pulled muscles lacerations and joint sprains Additionally repetitive motion injuries such as carpal tunnel syndrome and tendinitis can worsen or aggravate existing medical ailments If you have to deal with a the complexity of a huge complex and potentially costly claim against a railroad it is essential to hire an skilled FELA attorney A typical personal injury lawyer who does not specialize in this area will be overwhelmed by the amount of resources and expertise that railroads have in place behind an action Comparative Negligence One of the biggest issues in railroad injury litigation is to determine who was responsible for the accident Although it is difficult to assign blame in certain cases comparative negligence can assist parties in coming to an agreement that benefits all Comparative negligence permits the parties involved in car accidents to share the blame in proportion to the amount they contributed to the incident This makes it easier for you to calculate the damages in the event of collisions involving multiple cars and pileup accidents A driver who fails or refuses to obey traffic signals like stop signs could be held accountable under the common negligence rule This is particularly important in cases involving railroad injuries in which the failure of an organization to maintain or repair its equipment may be considered as an important factor in the workers injuries There are three types of comparative negligence in the United States including pure modified and contributory All three are applicable in a specific way however the most popular is the modified approach A modified comparative negligence system enables an injured party to claim compensation in the form of money provided their percentage of responsibility is not greater than 50 or equals that of another defendant or group In most states this rule only applies to personal injuries and wrongful death claims This system is based on a concept of negligence and it considers the four established elements of negligence which are duty of care breach of duty of care causation and damages It is crucial for an experienced lawyer to prove these factors for an appropriate outcome for the plaintiff Unlike contributory negligence which is only recognized in five states pure negligence in a comparative manner is the law in the majority of states This law allows an injured person to claim compensation even if they are determined to be 99 at fault This is known as pure comparative negligence in New York but only thirteen other states use 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 prove that the employer was negligent in FELA cases 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 rely on damage caps to limit the amount of compensation that an employee can recover FELA allows an injured worker to receive compensation for all noneconomic and economic losses This includes the suffering and pain and loss of enjoyment life emotional distress and disability The damages a railroad worker can pursue depend on the nature of the injury or death If the train driver is killed in an accident on the tracks and family members can sue for wrongful death and damages for loss of companionship or support If the train driver is killed through the negligence of another person the person responsible can be held responsible for the death This could include a car operator or owner a pedestrian or even family members of the driver Additionally if a railroad worker was injured while fixing the track or a train itself then the employer could be accountable for the injuries Employers can also be held responsible for injuries suffered by workers who were under the influence of alcohol and drugs when the accident occurred There are also specific federal laws that pertain to railroad safety like the Boiler Inspection Act and the Railroad Safety Act These acts set standards for the safety of rail cars and trains Railroad Safety Act for instance requires railroads to examine their trains in order to ensure they are operating safely and in accordance with their specifications This is to ensure that the publics safety and wellbeing is not at risk when a train is on tracks