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Railroad Injuries Litigation If you or a loved one was injured in a train collision, you may be entitled to compensation. These damages include the future and past medical expenses as well as lost wages, permanent disability, and disfigurement. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It allows monetary payouts for suffering and pain that are not available under the state laws governing workers' compensation. 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 proven that the longer an injury goes not reported, the greater the probability that a claim could remain unpaid and open. Railroads are accountable to ensure their employees have safe workplaces and that their equipment and tools are safely used. If it is found to be in violation of this duty and the employee is not satisfied, they can sue the railroad for the damages incurred. Railroad safety rules require railroad employees to report any injuries. However, it can be difficult to convince an injured worker to make this report. It is crucial that the worker immediately report the injury to the employer and seek legal advice from an attorney. In addition to a railroad's obligation to ensure that its employees are safe in their workplace railways are also required to provide timely and efficient medical treatment. Prompt medical treatment can prevent injuries from becoming more serious and more costly to treat. Railroads are also required by FELA to pay for all medical services that an employee receives while working. This includes transportation to and from the doctor's office , as well as prescription medication and treatment for any physical or mental ailments. These records, along with any other evidence that is gathered during an investigation or the treatment of a case must be maintained by the railroad. Failure to comply with the rules of the railroad could result in severe discipline which could include the removal from employment. Federal Railroad Safety Act is another important federal law that protects railroad workers. It is unlawful for railroads to take adverse actions against railroad employees who engage in “protected activities,” which includes whistleblowing. If you've been a whistleblower, or are being retaliated against for your actions, you should contact Rossi Vucinovich PC right away. Our experienced attorneys will help you fight against railroad retaliation and seek justice. A railroad must give sufficient time to report any accident or incident that involves an employee to the FRA (National Transportation Safety Board) (NTSB). Although most railroads are conscientious in reporting incidents, 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 enacted in order to prevent worker deaths or injuries by shifting the financial burden away from individual employees and onto the railroads. FELA provides legal obligations that railroads must meet, including providing safe working environments and properly training employees, checking for dangers, and enforcing safety rules. railroad injury attorneys to comply with these regulations can result in railroad companies being held liable for negligence. FELA is a powerful tool to safeguard injured workers, but it also has its challenges. First, the railroad has to be proven negligent by the worker. This is usually easier in an FELA case than in a standard personal injuries claim. The second requirement is that a railroad employee must demonstrate that their employer has violated any state or federal statute or safety regulation. If a railroad breaks any of these laws, the employee can easily show that it caused injury, and thus is liable under FELA. Finally, a railroad worker must prove that their injury was irreparable. This is vital since an injury that is permanent can be more valuable than one that doesn't. Many workplace accidents can also result in long-term injuries, like broken bones and joint sprains and lacerations and even lacerations. Repetitive motion injuries, such as carpal tunnel syndrome or tendinitis may also aggravate or intensify existing medical ailments. When you're faced with an extensive, complicated and possibly costly claim against a railroad, it is essential to consult an skilled FELA attorney. A typical personal injury lawyer is not able to handle the vast amount of knowledge and resources available to railroads. Comparative Negligence One of the biggest issues in the field of railroad injury litigation is to determine who was accountable for an accident. It may be difficult to assign blame in some instances, but with the help of comparative negligence parties, they are able to work together to a fair and accurate conclusion that will benefit both. Comparative negligence permits those involved in car accidents to share the blame according to their contribution to the accident. This allows you to calculate damages in the event of multi-car collisions and pile-up accidents. A driver who fails to pay attention to traffic rules, such as a stop sign, may be held accountable for the incident in a case of comparative negligence. This can be particularly beneficial in cases involving railroad injuries, where the company's failure to maintain or repair its equipment can be considered to be a contributing cause in the injuries suffered by the injured worker. There are three different kinds of comparative negligence in the United States, including pure or modified, as well as contributory. All three types of comparative negligence are applicable in some way, the most common is the modified approach. Under the modified system of comparative negligence under the modified comparative negligence system, an injured person can receive monetary compensation as the percentage of fault is not more than 50% or exceeds the responsibility of a defendant or group of defendants. In the majority of states however, this rule only applies to personal injury claims and wrongful death claims. This system is based on a theory of negligence and takes into account the four elements of negligence which are duty of care breach of duty of care, causation and damages. It is essential for an experienced attorney to prove these factors in order to obtain a favorable outcome for the plaintiff. Pure comparative negligence is a law in most states, whereas contributory negligence , which is only recognized by five states. Under this law an injured person can be compensated even if they're found to be 99% at fault. It's known as pure comparative negligence in New York, but 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). An employee must prove that the employer was negligent in FELA cases. If this is the situation, the employee may get compensation for medical expenses along with lost wages and other damages. Contrary to state workers' compensation systems that rely on damage caps to restrict the amount an employee is entitled to, FELA allows injured workers to be compensated for all non-economic losses. This includes suffering, pain and enjoyment loss emotional distress, disability, and other losses. The nature of the accident or death will determine the damages that a railroad worker can seek. For instance in the event that a train operator dies in a crash on the tracks, the family of the deceased may be sued for wrongful deaths and damages for the loss of companionship and financial support. If the train driver is killed because of the negligence of someone else, the person responsible can be held responsible for the death. This could include the car owner or operator, pedestrian or even the family members of the driver. The employer could also be held accountable for a railway worker who is injured while working on a track or train. The employer could also be responsible if the worker was under the influence of alcohol or other drugs at the time of the accident, which could lead to more risk of injury. There are also some specific federal laws which apply to railroad safety, like the Boiler Inspection Act and the Railroad Safety Act. These laws establish standards for the safety of rail cars and trains. Railroad Safety Act, for instance requires railroads inspect their trains to ensure they operate safely and in accordance with their specifications. This is to ensure the safety and wellbeing of the public when trains are on tracks.