Railroad Injuries Attorneys If you have been injured in a railroad accident, it is important to consult with a knowledgeable railroad injury lawyer as soon as possible. You might not be able to get compensation for your injuries if you don't do this. Federal Employers Liability (FELA) protects railroad workers. This law permits injured workers to sue their railroad directly if they prove that the railroad was negligent in not providing workers with a safe work environment or appropriate equipment for their task. FELA Federal Employers' Liability Act, (FELA), is an intricate law that shields railroad workers from the financial consequences of injuries. Workers are also able to pursue their employer for damages even if they're not covered by workers compensation. FELA is important as it shifts economic responsibility for railroad workers' accidents from the railroad employees themselves to railroad companies. Railroads are now more accountable for providing safe work environments as well as providing supervision and training for their employees. This also allows railroad employees to recover more damages than they would receive in the event of filing a standard workers' comp claim. Under FELA, an injured worker is entitled to sue the railroad for damages when they can prove they were injured due to the railroad's negligence. However, the injured person must be able to meet a fairly high burden of proof. This is due to the fact that FELA is a pure comparative negligence law. This means that the railroad has to prove that the railroad negligence was a major reason for the worker's injuries. This is often easier than the proof of negligence in personal injury cases. In addition to that, if a railroad violated any of the OSHA's workplace safety standards, which are outlined in the OSHA regulations and the railroad is responsible for compensating an injured worker can prove that it violated the laws. This will make the process of proving that the railroad's negligence is more straightforward, and will give the employee and his attorney a convincing case. A railroad's negligence may cause injuries to workers, which can result in medical expenses and lost wages. In certain circumstances the punitive damages may be awarded to the worker. Because of the complexities of a FELA claim It is recommended to choose a lawyer who is familiar with FELA cases. They are experts in railroad operations and can handle the investigation and the trial work in these complicated cases. Another key aspect of an FELA claim is that it must be filed within three years from the date of the accident. It is more difficult to gather evidence or keep witness testimony if a witness is not present when filing your claim. This can negatively affect your claim in the long term especially if the injury is serious and you have suffered permanent injury. MTA/Metro-North A train accident could cause serious injuries and even death for passengers. Our NYC subway accident lawyers at Jesse Minc Personal Injury Law know the complexities of these extremely serious cases. We can assist you in determining the exact parties liable for your losses and help you recover the compensation you deserve. Public transportation is a vital part of everyday life in New York City, as in the rest of the country including Connecticut. Millions of people depend on public transportation to get to work and to school each day, and it is the responsibility of the government to ensure that passengers safe while using these services. The MTA is liable for any injuries caused by its inability to fulfill its duties. The MTA has a legal obligation to ensure that its employees are properly trained and capable of operating its trains safely. If a train conductor , or another employee fails to comply with this obligation and is found to be in violation, the MTA could be held responsible for any injuries that occur in the course of. If you've been injured as a result of an MTA or other train accident, the best method to seek the compensation you deserve for your injuries is to file a civil lawsuit. The MTA and its representatives are adamant in defending these claims. It is essential to employ a seasoned and competent attorney to safeguard your rights. A skilled NYC train accident lawyer will be able to collect all the evidence necessary to prove your liability and file your claim promptly. They can also negotiate with MTA to ensure you receive all the compensation you are entitled to. One of the most difficult aspects of these types of lawsuits involves identifying who is responsible. Although the MTA and its employees are accountable for your losses , you may also need to bring a lawsuit against the driver of the car, or the company that made or repaired the rails. It is sometimes difficult to determine the appropriate parties, particularly when you're grieving over the loss of a loved one or recovering from an injury. Jesse Minc Personal Injury Law has the knowledge and experience to assist you in identifying the right parties in your case and ensure that you receive the maximum amount of compensation. Special Administrative Claims Railroad accidents can result in serious injuries and even wrongful death. The families of victims are often in desperate need for legal assistance. A skilled attorney for railroad accidents can assist you in obtaining compensation from the negligent party responsible. When the victim files an FELA claim against their railroad employer the railroad company, they can get more than what workers' compensation law allows them to receive for medical expenses and lost wages. They can also collect for pain, suffering, mental anguish and disfigurement, as well as the loss of enjoyment. Railroad employees who have been injured can file a claim with court within three years of the date of their injury. However it is crucial to consult with an experienced FELA lawyer as soon as you have been injured in the accident. An experienced and knowledgeable attorney can help injured workers to file their FELA claims within the time frame. In addition, the railroad employee's initial report and any subsequent interactions with the company's claims representatives should be closely monitored by an attorney. Particularly, it is important to ensure that the employee's statement clearly places responsibility for the accident on something the railroad did or failed to do. This is crucial because railroads can use any deficiency or omission to claim negligence against injured workers. A railroad's claim department usually has skilled, well-trained employees who are able to inquire about injured workers to determine if there is any reason to lower or the liability of the company. This kind of approach can be detrimental to the victim's case. The Federal Railroad Safety Act (FRSA) safeguards railroad employees from discrimination and retaliation for reporting injuries on the job or other safety-related activities. Generally the FRSA prohibits railroads from taking adverse action against employees for filing a grievance with the union or expressing concerns about work conditions that are unsafe. In the event of retaliation the railroader must file an administrative claim with the Occupational Safety and Health Administration (OSHA) within 180 days of receiving the incident. Court System Railroad workers are at a higher chance of suffering injuries on the job and accidents than the majority of other employees. They are entitled to compensation for their injuries, suffering and pain. Congress adopted the Federal Employers Liability Act in 1908 in order to allow railroad employees injured and their families to sue negligent employers to get the full amount of their losses. This legal system remains in effect a century later, and provides an effective legal basis for railroad workers and their families to seek compensation for the damages they have sustained. Contrary to traditional workers compensation, FELA provides an injured worker with the right to force their employer to pay them non-economic and economic damages for lost wages as well as medical expenses discomfort, pain and suffering, and more. It also covers funeral expenses of workers who are injured in an accident at work. If you or someone close to you is seeking compensation for a work-related injury or illness, you should make sure that the claim is handled appropriately and professionally. An experienced attorney who specializes in railroad injury cases is critical to the success of your case. At Hach & Rose, LLP we have handled railroad-related injury claims for more than three decades. We have been able to recover millions of dollars for our clients over the years. We have extensive experience in handling a variety of railroad injuries, including neck and back injuries, spinal cord injuries, brain injuries and burns. We represent railroad workers who have been diagnosed with diesel exhaust cancer or other ailments due to the failure of railroad companies to contain dangerous fumes and noises. Another major cause of injuries for railroad employees is their exposure to lead, which could cause serious health issues like mesothelioma. We have successfully represented many clients who suffered from lead poisoning due to their railroad work. A successful FELA case will require you to prove that the railroad was accountable. A seasoned FELA attorney will use evidence to show how railroad companies caused unsafe working conditions. This can include medical experts' expert testimony who can testify about the damage that resulted from it.