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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 can include past and future medical expenses as well as lost earnings permanent disability, disfigurement and lost wages. FELA (Federal Employers' Liability Act) is a federal law that protects railroad workers. It permits monetary compensation for suffering and pain that are not permitted under state laws on workers' compensation. Prompt Reporting An injury claim that isn't disclosed can have a major impact on an employee's ability receive medical treatment. NCCI research has proven that the longer an injury remains unreported, the greater the likelihood that a claim will remain open and unpaid. The railroad has a responsibility to ensure that its employees are in a safe place of work and that all its tools and equipment is used in a safe way. If it is found to be in violation of this duty and the employee is found to be in violation, the employee has the right to make a claim against the railroad for damages. Railroads have safety rules that require railroad employees to report any injuries. However, it is often difficult to convince an injured worker to make this report. In these instances it is crucial that the worker notify the employer of the injury as soon as possible and seek legal advice from an attorney. Railroads must ensure that workers are safe at work and offer timely and effective medical care. A prompt medical treatment can help prevent injuries from becoming severe and more expensive to treat. In addition under FELA railroads are required to pay the cost of all medical treatment provided to employees injured on the job. This includes transportation to and from the doctor's office , as well as prescription medication and treatment for any resulting physical or mental conditions. The railroad must keep an eye on these records, as well as any other evidence it collects during the investigation and handling of claims. Infractions to railroad rules could result in severe punishment including termination from employment. Another important federal law which protects railroad workers is the Federal Railroad Safety Act. It is illegal for railroads to take adverse action 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 who is being targeted for retaliation. Our experienced lawyers can help you fight back against railroad retaliation as well as pursue justice. In general, a railroad must be given an adequate time to submit any accident or incident involving employees to the FRA or the National Transportation Safety Board (NTSB). Although railroads are generally conscientious about reporting incidents and accidents however, it is not uncommon that they fail to report these incidents. FELA In the United States, railroad workers are protected under the Federal Employers' Liability Act (FELA). This law was passed to protect workers from death and injuries by shifting the economic burden from the individual employee to railroads. FELA sets out legal duties that all railroads must comply with, including providing safe work environments and properly training employees, checking for dangers, and enforcing safety rules. Failure to meet these requirements can lead to railroad companies being held responsible for negligence. While FELA is a powerful tool for protecting injured workers, it comes with its own set challenges. First, the injured worker must prove that the railroad was negligent and their negligence caused their injury. This is usually easier in an FELA case than in a typical personal injuries claim. Second, a railroad worker must show that their employer violated a federal or state statute or safety rule. If a railroad violates one of these laws, an employee is able to prove that it caused their injury and is therefore liable under FELA. Finally, a railroad worker must prove that the injury they sustained was permanent. This is important since an injury that is permanent is usually more valuable than one that isn't. Many workplace accidents could cause long-term injuries, such as broken bones and lacerations, joint sprains, and even lacerations. Also, repetitive motion injuries such as carpal tunnel syndrome and tendinitis can worsen or aggravate existing medical ailments. When you're faced with an extensive, complicated and possibly costly claim against railroads, it is essential to hire an experienced FELA attorney. An average personal injury attorney is not able to manage the massive amount of knowledge and resources railroads have. Comparative Negligence One of the most important issues in the field of railroad injury litigation is how to determine who is responsible for the accident. Although it may be difficult to assign blame in certain instances, comparative negligence can assist the parties to reach an agreement that benefits all. Comparative negligence is a legal process that permits parties involved in a car crash to share the burden of liability according to their respective contributions to the causes of the accident. This allows you to determine damages in the event of collisions involving multiple cars and pile-up accidents. Drivers who fail to pay attention to traffic rules like a stop sign, can be held liable for the incident in a case of comparative negligence. This is particularly important when it comes to railroad injury lawsuit s when the inability of an organization to maintain or repair its equipment may be considered as an important factor in the worker's injuries. There are three different kinds of comparative negligence in the United States, including pure, modified, and contributory. All three types of comparative negligence are applicable in some way, the most common is the modified one. Under the modified system of comparative negligence, an injured party may be awarded monetary damages so long as their percentage of blame is not more than 50% or exceeds the responsibility of a defendant or group of defendants. This rule does not apply to wrongful death and personal injury claims in a majority of states. This system is based upon a theory of negligence and examines the four fundamental elements of negligence: duty of care, breach of duty of care, causation and damages. A knowledgeable attorney must prove these elements in order to obtain a favorable result for the plaintiff. Pure comparative negligence is the norm in the majority of states, unlike the concept of contributory negligence, which is recognized by five states. This law allows an injured party to claim compensation even if they're determined to be 99% at fault. This is known as pure comparative negligence in New York, but only thirteen other states apply it. Damages Railroad workers are entitled to compensation if they are injured while working. The law that governs workers' rights is referred to as the Federal Employers Liability Act (FELA). In FELA cases, the employee must prove that the employer was negligent. If that is the situation, the employee may receive compensation for medical expenses along with lost wages and other damages. Unlike state workers' comp 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 pain and suffering and loss of enjoyment life, emotional distress and disability. The damages railroad workers may seek depend on the nature of the injury or death. For example when a train driver dies in an accident on tracks, the family members of the deceased can sue for wrongful death and damages for the loss of companionship and support. In addition, if the train driver died due to carelessness on the part another party, then that person who caused the accident may be held responsible for the death of the train driver. This could include the vehicle owner and operator, pedestrians, or even the family members of the driver. Additionally, if a railroad worker was hurt while repairing a train or the track itself, then the employer may be liable for the injury. The employer could 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. Federal laws that regulate safety for railroads include the Boiler Inspection Act, and the Railroad Safety Act. These laws establish standards for safety for trains and rail cars. Railroad Safety Act, for example requires railroads inspect their trains to make sure that they are operating in a safe manner and according to their specifications. This is done to ensure that the safety of the public and well-being is not at risk when a train is along the tracks.