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Railroad Injuries Litigation You could be entitled to compensation in the event that you or a loved one were injured in a train collision. These damages include 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 provides financial compensation for injuries and pain that are not covered by state laws governing workers' compensation. Prompt Reporting An injury claim that is not reported can have a significant impact on an employee's capacity to receive medical treatment. NCCI research indicates that the longer an employee's injury is not reported, the higher the chance that it'll remain unpaid. Railroads have a responsibility to ensure their employees have safe working environments and that all of their tools and equipment are safe to be employed. If it is found to be in violation of this duty the employee may sue the railroad to recover damages. Most railroads have safety standards that require employees to report any accident that causes injuries. However, it's usually difficult to get an injured worker to do this. In these cases, it is imperative that the worker immediately notify the employer of the injury as soon as possible and that he or she seek legal advice from an attorney. Railroads need to ensure that employees are safe at work and provide prompt and efficient medical treatment. Injury can be prevented from becoming more costly and expensive through prompt medical care. Railroads are also required by FELA to cover all medical expenses employees receive while working. This includes transport to and from doctors' offices, prescription medication , and treatment for any physical or mental illnesses. These records, along with any other evidence gathered during an investigation or treatment of a dispute must be maintained by the railroad. Failure to follow the railroad's rules can cause 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 railroads to take a negative action against a railway worker who is engaged in “protected activities,” which include whistleblowing. Rossi Vucinovich, PC is available to assist you if you have been a whistleblower, and are being subject to Retaliation. Our experienced lawyers can help fight railroad retaliation. A railroad must give the necessary time to report any accident or incident that involves employees to the FRA (National Transportation Safety Board) (NTSB). Although most railroads are conscientious in reporting incidents, it is not unusual for incidents or accidents to occur that aren't required to be reported. FELA In the United States, railroad workers are protected by the Federal Employers' Liability Act (FELA). The law was designed to protect workers from deaths and injuries by shifting the financial burden from the individual employee to the railroads. The FELA defines the legal obligations that railroads have to meet which include providing safe work environments, properly training workers in the workplace, examining for hazards, and enforcing safety regulations. Any railroad company that fails to meet these requirements will be found negligent and can be found liable in a lawsuit for negligence under the FELA. FELA is a powerful tool to protect injured workers , however it also comes with its own challenges. First, the railroad has to be found negligent by the worker. This is usually easier in an FELA case than in a typical personal injury claim. A railroad employee must prove that their employer breached any safety regulations or laws in the federal or state. If a railroad breaks any of these laws, an employee can easily prove that it caused their injury, and thus is liable under FELA. Finally, a railroad worker must prove that the injury they sustained was permanent. This is crucial since an injury which is permanent is typically more valuable than one that doesn't. Many workplace accidents can also cause long-term injuries, like broken bones, joint sprains and lacerations and even lacerations. Additionally repetitive motion injuries such as carpal tunnel syndrome and tendinitis can make it more difficult or worsen existing medical ailments. If you have to deal with a the complexity of a huge, complex and possibly expensive claim against railroads, it's essential to hire an experienced FELA attorney. A typical personal injury attorney who does not specialize in this area will be overwhelmed by the expertise and resources that railroads are prepared to put behind the case. Comparative Negligence In railroad injuries litigation one of the biggest concerns is determining who was at fault in an accident. While it can be difficult to determine who is at fault in certain instances, comparative negligence can assist parties in coming to an agreement that benefits everyone. Comparative negligence is a legal mechanism that allows the parties in a car accident to share the burden of liability according to their contribution to the causes of the accident. This makes it easier for you to calculate damages in the event of collisions involving multiple cars and pile-up accidents. Drivers who fail to observe traffic conditions like a stop sign, can be held responsible for the accident under a rule of comparative negligence. This is particularly helpful in cases involving railroad accidents where the failure of the company to properly maintain or repair its equipment may be considered to be a contributing cause in the injuries suffered by the injured worker. Three types of comparative negligence exist in the United States: modified, pure, and contributory. All three are applicable in some way however the most popular is the modified one. A modified comparative negligence system enables an injured person to recover compensation in the form of money, provided their percentage of responsibility is not more than 50% or exceeds that of a different defendant or group. This rule does not apply to wrongful death and personal injury claims in many states. railroad injury is based upon a theory of negligence, and it takes into account the four elements of negligence that include duty of care, breach of duty of care, causation, and damages. An experienced attorney must prove these elements to get a favorable outcome for the plaintiff. In contrast to contributory liability, which is only recognized in five states and the District of Columbia, pure comparative negligence is the norm in the majority of states. Under this law it is possible for an injured party to get compensation even if found to be 99% at fault. It is called pure comparative negligence in New York, but only thirteen other states use it. Damages If a railroad employee is injured on the job they are entitled to compensation. Federal Employers Liability (FELA) is the law that governs workers' rights. An employee must prove that their employer was negligent in FELA cases. If this is the case, the employee is entitled to be awarded compensation for medical expenses as well as lost wages and other damages. In contrast to state workers' comp systems, which rely on damage caps to limit the amount of compensation an employee can receive, FELA allows an injured worker to receive compensation for all non-economic and financial losses. This includes pain, suffering and enjoyment loss, emotional distress, disability, and other losses. The damages a railroad worker can claim depend on the nature of the injury or death. For instance the case where a train driver dies in an accident on the tracks, the family of the deceased can claim wrongful death and damages for the loss of companionship and support. If the train driver is killed through the negligence of another person the person who was responsible could be held accountable for the death. This could include the car's owner, operator, pedestrian, or even the family members of the driver. Furthermore, if a railway worker was injured while fixing a train or the track itself, then the employer could be accountable for the injuries. The employer may also be responsible if the worker was under the influence of alcohol or other drugs at the time of the incident and could result in an increased risk of injury. Federal laws that regulate safety of railroads include the Boiler Inspection Act, and the Railroad Safety Act. These acts set standards for the safety of trains and rail cars. For example for instance, the Railroad Safety Act requires that railroads inspect their trains to make sure that they're operating safely and in compliance with their specifications. This is done to ensure the safety and wellbeing of the public when trains are on tracks.