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Railroad Injuries Litigation You may be eligible for compensation for you or your loved one were injured in a train collision. These damages can cover future and past medical expenses as well as lost earnings permanent disability, disfigurement, and lost wages. FELA (Federal Employers' Liability Act) is an act of the federal government that protects railroad workers. It provides monetary compensation for injuries and pain that are not covered by state laws governing workers' compensation. Prompt Reporting An injury claim that isn't reported can have a significant impact on an employee's capacity to receive medical treatment. NCCI research shows that the longer an injury is not reported, the greater the chance that it will remain unpaid. The railroad has a duty to ensure that its employees have the safety of their workplace and that all of its equipment and tools are used safely. If injured railroad worker does not meet this requirement and the employee is not satisfied, they can file a lawsuit against the railroad to recover damages. Railroads have safety rules that require railroad employees to report any injuries they suffer. However, it can be difficult to get injured worker to do so. In these situations it is crucial to notify the injured party as soon as they can and seek legal advice from an attorney. Railroads must ensure that workers are safe at work and provide prompt and efficient medical treatment. Injuries can be prevented from becoming more serious and costly by providing medical attention promptly. In addition under FELA railroads are required to cover the cost of all medical treatment for employees who are injured while on the job. This includes transportation to and from the doctor's appointment as well as prescription medications and treatment for any physical or mental conditions. These records, along with any other evidence collected during an investigation or the treatment of a dispute must be maintained by the railroad. Failure to comply with the railroad's rules could result in serious discipline which could include the removal from job. Another federal law protecting railroad workers is the Federal Railroad Safety Act. Under this act, it is illegal for a railroad to take a negative action against a railroad worker who is engaged in “protected activities,” which include whistleblowing. If you have been a whistleblower or are being subjected to retaliation for your actions, you should contact Rossi Vucinovich PC right away. Our knowledgeable attorneys can help fight railroad retaliation. Railroads must allow the necessary time to report any accident or incident that involves employees to the FRA (National Transportation Safety Board) (NTSB). While railroads are generally mindful regarding reporting accidents and incidents, it is not uncommon for them to not report these incidents. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. This law was created in order to prevent worker injury or death by shifting the burden of economic responsibility away from individual employees and onto the railroads. FELA defines the legal obligations that all railroads have to meet, including creating safe workplaces and properly training employees, checking for dangers and enforcing safety regulations. Any railroad company that fails to meet these requirements can be found to be negligent and held accountable in a lawsuit for negligence under the FELA. While FELA is a great tool for protecting injured workers, it does come with its own set challenges. First, the injured worker must demonstrate that the railroad was negligent and that their negligence caused their injury. This is usually easier in an FELA case than in a standard personal injuries claim. A railroad worker must demonstrate that their employer has violated any safety rules or statutes of the federal or state. If a railroad violates one of these laws, the employee can easily prove that it caused injury, and thus is liable under FELA. A railroad worker must be able to demonstrate that their injury is permanent. This is crucial because an injury which is permanent is typically of greater value than one that isn't. Many workplace accidents may cause long-term injuries such as broken bones and joint sprains and lacerations and even lacerations. Repetitive motion injuries, like carpal tunnel syndrome or tendinitis can also worsen or accelerate existing medical conditions. It is essential to speak with an experienced FELA attorney if you are facing a a complex, expensive and possibly costly claim against railroad. An average personal injury attorney is not able to handle the vast amount of expertise and resources railroads have. Comparative Negligence In the case of railroad injuries, one of the major questions is who was at fault in an accident. Although it is difficult to assign blame in certain circumstances, comparative negligence could assist parties in coming to an agreement that is beneficial to all parties. Comparative negligence is a legal mechanism that permits the parties involved in a car crash to share the burden of liability according to their contribution to the causes of the crash. This allows you to calculate damages in the event of multi-car collisions and pile-up accidents. Drivers who fail to be aware of traffic rules, such as a stop sign, may be held liable for the incident under the comparative negligence rule. This is particularly useful in the case of railroad injuries, where the failure of the company to maintain or repair its equipment could be considered to be a factor that contributed to worker's injuries. Three types of comparative negligence exist in the United States: modified, pure, and contributory. All three types of comparative negligence are applicable in some way, the most popular is the modified one. Under the modified system of comparative negligence 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 fault of a different defendant or group of defendants. This rule does not apply to personal injury claims in the majority of states. This system is based on a theory of negligence, and it analyzes the four basic elements of negligence which are duty of care breach of duty of care, causation, and damages. A skilled attorney must prove these elements in order to achieve a favorable outcome for the plaintiff. In contrast to contributory liability, which is only recognized in five states pure negligence in a comparative manner is the law in all states. Under this law the injured party is able to claim compensation even if found to be 99% responsible. It is called pure comparative negligence in New York, but only thirteen other states utilize it. Damages Railroad workers are entitled to compensation in the event of being injured on the job. Federal Employers Liability (FELA) is the law that governs workers' rights. In FELA cases, the employee must be able to prove that the employer was negligent. If this is the case, the employee is entitled to receive compensation for medical expenses or lost wages, as well as other damages. Unlike state workers' comp systems, which use damage caps to limit the amount an employee is entitled to, FELA allows injured workers to receive compensation for all losses that are not economic. This includes suffering, pain as well as loss of enjoyment, emotional distress, disability and other losses. The nature of the accident or death will determine the amount of damages a railroad worker could pursue. If a train driver dies in an accident on the tracks and the family can sue for damages resulting from wrongful deaths as well as for loss of companionship or support. If the train driver dies due to the negligence of a third party the party responsible can be held accountable for the death. This could include the car's owner or operator, pedestrian or even the family members of the driver. The employer may also be accountable when a railway employee is injured while working on a track or train. Employer may also be liable for injuries suffered by workers who were under the influence of alcohol and drugs at the time that the accident occurred. There are also some specific federal laws that are applicable to railroad safety, for instance the Boiler Inspection Act and the Railroad Safety Act. These laws establish standards for the safe operation of trains and rail cars. For instance The Railroad Safety Act requires that railroads inspect their trains to be sure that they operate in a safe manner and conforming to their specifications. This is to ensure the safety and well-being of the public whenever trains are on tracks.