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Railroad Injuries Litigation If you or someone close to you was injured in a train collision you may be entitled to compensation These damages include the cost of medical bills in the past and in the future as well as lost wages permanent disability and disfigurement Federal law FELA Federal Employers Liability Act protects railroad workers It permits monetary compensation for pain and suffering that are not available under the state workers compensation laws Prompt Reporting An injury claim that is not reported can have a significant impact on an employees capability to receive medical treatment NCCI research has proven that the longer an injury goes not reported the greater the chance that the claim will remain unpaid and open Railroads are accountable to ensure that their employees are provided with safe workplaces and that all of their equipment and tools are safely used If it fails to meet this obligation then the employee can make a claim against the railroad for damages Railroad safety regulations require railroad employees to report any injuries they suffer It can be difficult for injured workers to report injuries In these instances it is essential that the employee report the injury immediately and seek legal advice from an attorney In addition to a railroads obligation to ensure employees are in a safe working space railways are also required to provide timely and efficient medical care Prompt medical treatment can prevent injuries from becoming serious and costly to treat Furthermore under FELA railroads are obliged to pay for the cost of medical treatment offered to employees injured while on the job This includes transportation to and from doctors office prescription medication and treatment for any physical or mental conditions The railroad must keep track of these records along with any other evidence they gather during the investigation and treatment of an claim Failure to follow the railroads rules could lead to severe discipline which could include dismissal from the job Another federal law protecting railroad workers is the Federal Railroad Safety Act It is unlawful for railroads to take negative actions against railroad workers who engage in protected activity which includes whistleblowing Rossi Vucinovich PC is available to help you if you have been a whistleblower and are being targeted for retaliation Our skilled attorneys can assist you to fight railroad retaliation Generallyspeaking railroads is required to provide an adequate time to report any accident or other incident involving an employee to the FRA or National Transportation Safety Board NTSB Although the majority of railroads are diligent in reporting incidents it is not common for accidents or incidents to occur that arent required to be reported FELA In the United States railroad workers are protected under the Federal Employers Liability Act FELA This law was enacted to protect workers from death and injuries by shifting the financial burden from individual employees to the railroads The FELA sets out the legal obligations that railroads have to meet which include providing safe work environments properly training employees while also assessing for hazards and enforcing safety rules Any railroad company that fails to meet these requirements is deemed negligent and can be found liable in a lawsuit for negligence under the FELA While FELA is a great tool to protect injured workers it comes with its own setof challenges First the railroad must be found negligent by the worker This is typically much easier to do in an FELA case than it is in the traditional personal injury case Second a railroad worker must demonstrate that their employer has violated any state or federal statute or safety rule If a railroad breaks any of these laws the worker can easily prove that it caused injury and therefore is liable under FELA Then a railroad employee must prove that their injury was permanent This is vital since an injury that is permanent is often more valuable than one that doesnt Furthermore a variety of workplace accidents could cause severe longterm damage such as fractures such as bones pulled muscles lacerations and joint strains Additionally repetitive motion injuries such as carpal tunnel syndrome and tendinitis can aggravate or accelerate existing medical ailments If youre dealing with a the complexity of a huge complex and potentially costly claim against railroads its important to work with an skilled FELA attorney A typical personal injury lawyer who does not specialize in this field will be overwhelmed by the expertise and resources that railroads are willing to put behind the case Comparative Negligence One of the most significant issues in the field of railroad injury litigation is to determine who was accountable for the accident Although it is difficult to assign blame in certain circumstances comparative negligence could aid the parties in reaching an agreement that benefits everyone Comparative negligence allows for parties to car accidents to share responsibility in proportion to their part in the incident This allows you to determine the amount of damages in the event of multicar collisions and pileup accidents Accident Injury Lawyers who fails to observe traffic conditions such as an intersection stop sign can be held responsible for the incident under a rule of comparative negligence This can be particularly useful in cases involving railroad accidents where the failure of the company to properly maintain or repair its equipment can be considered to be a contributing cause to the injury suffered by the injured worker There are three types of comparative negligence in the United States including pure as well as modified and contributory While all three apply in some manner the most commonly used is the modified approach Under the modified comparative negligence system that applies to injured parties they can receive monetary compensation as long as their percentage of fault is not more than 50 or exceeds the responsibility of a defendant or group of defendants This rule is not applicable to personal injury claims in many states 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 An experienced attorney must prove these elements in order to achieve a favorable verdict for the plaintiff Pure comparative negligence is a law in the majority of states but not the concept of contributory negligence that is only recognized by five states Under this law an injured person can get compensation even if found to be 99 at fault This is referred to as pure negligence by comparison in New York Only thirteen other states utilize it Damages If a railway worker is injured on the job they are entitled to compensation The law that governs workers rights is called the Federal Employers Liability Act FELA An employee must prove that their employer was negligent in FELA cases If that is the case the employee is entitled to be awarded compensation for medical expenses lost wages and other damages In contrast to state workers compensation systems that use damage caps to restrict the amount an employee is entitled to FELA allows injured workers to receive compensation for all losses that are not economic This includes the suffering and pain as well as loss of enjoyment of life emotional distress and disability The damages railroad workers can pursue depend on the nature of the injury or death For instance in the event that a train operator dies in an accident on tracks the family of the deceased may sue for wrongful death and damages for loss of companionship and support In addition if the train driver died due to inattention on the part of another party then the person who caused the accident may be held responsible for the death of the train driver This could include the car owner driver operator pedestrian or even the family members of the driver The employer could also be liable in the event that a railway worker gets injured while working on a track or train The employer could also be held accountable if the worker was under the influence of alcohol or drugs at the time of the accident which could lead to the risk of injury being increased There are also specific federal laws that apply to railway safety including the Boiler Inspection Act and the Railroad Safety Act These acts set standards for the safety of rail cars and trains For instance the Railroad Safety Act requires that railroads examine their trains to make sure that theyre operating in a safe manner and conforming to their specifications This is to ensure the safety and security of the public when trains travel on tracks