Railroad Injuries Litigation You could be entitled to compensation for you or your loved one was injured in a train accident. These damages can include past and future medical expenses as well as lost wages, permanent disability and disfigurement. FELA (Federal Employers' Liability Act) is a federal law protecting railroad workers. It provides monetary compensation for the pain and suffering that is not covered by state laws on workers' compensation. Prompt Reporting An injury claim that is unreported could make a significant difference in an employee's capacity to receive medical treatment. NCCI research has shown that the longer an employee's injury is not reported, the higher the likelihood that it will remain unpaid. Railroads are required to ensure their employees have secure workplaces and that all their tools and equipment is safe employed. The railroad may sue an employee for damages in the event of a violation of this duty. Most railroads have safety rules that require employees to report any accident that causes injuries. However, it's often difficult to get an injured worker to report the injury. In these situations it is crucial to notify the employer of the injury as soon as possible and that he or she seek legal advice from an attorney. Railroads must ensure that workers are safe at work and provide timely and effective medical treatment. Injury can be prevented from becoming more serious and costly through prompt medical care. Furthermore under FELA, railroads are obliged to pay for the cost of all medical treatment offered to employees who are injured while working. This includes transportation to and from doctor's offices, prescription medications and treatment for any resulting mental or physical illnesses. The railroad must keep an eye on these records in addition to any other evidence that it gathers during the investigation or treatment of a claim. Infractions to railroad rules could result in severe discipline including termination from employment. Another federal law which protects railroad workers is the Federal Railroad Safety Act. According to this law, it is illegal for a railroad to take adverse action against a railroad worker who is engaged in "protected activities," which include whistleblowing. Rossi Vucinovich, PC is available to help you if you have been a whistleblower who is being targeted for the retaliation of a railroad. Our skilled lawyers can assist you in fighting against railroad retaliation, and pursue justice. In general, railroads is required to provide an appropriate time to report any accident or other incident involving an employee to the FRA or the National Transportation Safety Board (NTSB). Although railroads are generally conscientious regarding reporting accidents and incidents however, it is not uncommon for them not to report them. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. This law was enacted to protect workers from death and injuries by shifting the financial burden from the individual employee to railroads. The FELA outlines the legal obligations railroads must fulfill which include providing safe work areas, properly educating workers, inspecting for hazards and enforcing safety regulations. Failure to comply with these requirements can lead to railroad companies being held accountable for negligence. While FELA is a powerful tool for protecting injured workers, it comes with its own set challenges. First, a worker has to demonstrate that the railroad was negligent and that their negligence caused their injury. This is usually much easier to prove in an FELA case than it is in the traditional personal injury case. The second requirement is that a railroad employee must demonstrate that their employer has violated an act of the federal or state legislature or safety rule. A railroad violating any of these laws could easily prove that it caused injury and therefore is accountable under the FELA. Railroad workers must be able to prove that their injury is permanent. This is crucial because an injury that is permanent is typically of greater value than one that isn't. Additionally, many kinds of workplace accidents could cause serious long-term harm, including fractures, such as bones, pulled muscles, lacerations and joint strains. Additionally, repetitive motion injuries such as carpal tunnel syndrome and tendinitis can cause a worsening or acceleration of existing medical conditions. It is imperative to speak with an experienced FELA attorney if you have a complicated, expensive, and potentially costly claim against railroad. A typical personal injury attorney who isn't an expert in this area will be overwhelmed by the resources and expertise that railroads are prepared to put behind an action. Comparative Negligence In the case of railroad injuries one of the major concerns is determining who was responsible for an accident. It can be difficult to assign blame in some cases but with the help of comparative negligence the parties can work together to a fair conclusion that benefits both. Comparative negligence permits those involved in car accidents to be liable in proportion to their part in the accident. This helps in calculating damages in the case of pile-ups, multi-car collisions, or collisions. A driver who fails or fails to obey traffic laws like stop signs, could be held liable under a relative negligence rule. This can be especially helpful in the case of railroad injuries where the company's failure to maintain or repair its equipment may be considered to be a contributing cause to the injuries sustained by the injured worker. Three kinds of comparative negligence exist in the United States: modified, pure, and contributory. All three can be applied in a different way however the most popular is the modified approach. Under the modified system of comparative negligence, an injured party may get compensation for their losses as in the event that their percentage of fault is not greater than 50% or exceeds the responsibility of a defendant or group of defendants. This rule is not applicable to personal injury claims in most states. This system is based upon a theory of negligence, and it takes into account the four elements of negligence such as duty of care breach of duty of care, causation and damages. An experienced attorney must demonstrate 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, which is recognized by five states. Under this rule, an injured party can claim compensation even if found to be 100% at fault. It is known as pure comparative negligence in New York. Only thirteen other states use it. Damages If a railroad worker gets injured on the job, they are entitled to compensation. The law that governs workers' rights is known as the Federal Employers Liability Act (FELA). In FELA instances, an employee must prove that the employer was negligent. If this is the situation, the employee could be entitled to compensation for medical expenses, lost earnings and other damages. In contrast to state workers' compensation systems, which use damage caps to limit the amount that an employee can receive, FELA allows injured workers to receive compensation for all non-economic losses. This includes the suffering and pain and loss of enjoyment life, emotional distress and disability. The damages railroad workers may pursue depend on the nature of the injury or death. If a train driver dies in an accident on the tracks and family members can sue for wrongful deaths and damages for loss of companionship or support. If the train driver dies because of the negligence of someone else the party responsible can be held responsible for the death. This could include a vehicle owner or operator, a pedestrian or even the driver's family members. 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 liable if a worker was under the influence of alcohol or other drugs at the time of the incident and could result in an the risk of injury being increased. There are also some specific federal laws that are applicable to railroad safety, such as the Boiler Inspection Act and the Railroad Safety Act. These laws set safety standards for trains as well as rail cars. Railroad Safety Act, for example requires railroads inspect their trains in order to ensure they are operating safely and according to their specifications. This is done to ensure the safety and wellbeing of the general public when trains are on tracks.