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Railroad Injuries Litigation If you or someone close to you 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. railroad accidents (Federal Employers' Liability Act) is a federal law that safeguards 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 has shown that the longer an injury stays unreported, the greater risk that a claim will remain open and unpaid. The railroad is responsible to ensure that its employees have an area of work that is safe and that all of its tools and equipment is used safely. The railroad may pursue an employee for damages in the event of a violation of this duty. Railroads have safety rules that require railroad employees to report any injuries. It can be difficult for injured workers to report injuries. It is crucial that an employee immediately reports the injury to the employer and seek legal advice from an attorney. In addition to the obligation to ensure employees are in a safe working space railways are also required to provide prompt and effective medical treatment. Medical treatment that is timely can stop injuries from becoming more serious and more costly to treat. Additionally under FELA railroads are also required to pay the cost of all medical care provided to an employee who is injured while working. This includes transport to and from the doctor's offices, prescription medications and treatment for any resulting mental or physical injuries. The railroad must keep an eye on these records and any other evidence it collects during the investigation and treatment of an claim. Infractions to the railroad's rules could lead to severe discipline including termination from employment. Another federal law which protects railroad workers is the Federal Railroad Safety Act. It is unlawful for a railroad to take an adverse action against a railroad employee who is engaged in “protected activities,” which include whistleblowing. If you've been a whistleblower or being targeted for retaliation because of your actions, contact Rossi Vucinovich PC right away. Our knowledgeable attorneys can help fight railroad retaliation. A railroad must give the necessary time to report any accident or other incident that affects an employee to the FRA (National Transportation Safety Board) (NTSB). Although railroads are generally conscientious regarding reporting accidents and incidents however, it is not uncommon that they fail to report them. FELA In the United States, railroad workers are protected under the Federal Employers' Liability Act (FELA). This law was created to prevent worker deaths and injuries by shifting the economic burden from individual workers to the railroads. FELA provides legal obligations that all railroads have to meet, including providing safe working environments as well as properly training employees, inspecting for hazards and enforcing safety guidelines. Railroad companies that fail to comply with these standards will be found negligent and held liable in a lawsuit for negligence under the FELA. FELA is a very effective tool to safeguard injured workers, but it is not without its problems. First, the railroad must be proven to be negligent by a worker. This is usually much simpler to prove in an FELA case than in the traditional personal injury case. Railroad workers must also demonstrate that their employer has violated any safety regulations or statutes of the state or federal. A railroad violating one of these laws can easily prove that it caused injury and is therefore liable under the FELA. Then, a railroad employee must prove that their injury is permanent. This is vital because an injury that is permanent is generally of greater value than one that is not. Furthermore, a variety of workplace accidents could cause serious long-term damage, including traumatizing injuries such as broken bones and muscles, pulled muscles, lacerations and joint strains. Repetitive motion injuries, such as tendinitis or carpal tunnel syndrome can also worsen or accelerate existing medical ailments. It is essential to speak with an experienced FELA attorney when you have a an intricate, costly and potentially expensive claim against railroad. A typical personal injury attorney who isn't an expert in this area will be overwhelmed by the amount of resources and experience that railroads are willing to put behind the case. Comparative Negligence In the case of railroad injuries one of the most important issues is to determine who was at fault in an accident. It may be difficult to determine the cause in certain cases but with the help of comparative negligence parties, they can come to a fair and accurate conclusion which will benefit both. Comparative negligence permits the parties involved in car accidents to be liable depending on their contribution to the incident. This allows you to calculate the damages in the event of multi-car collisions and pile-up accidents. Drivers who fail to observe traffic conditions like a stop sign, can be held liable for the incident under a comparative negligence rule. This is particularly relevant in the case of railroad injuries in cases where the failure of an organization to maintain or repair its equipment can 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 or modified, and contributory. Although all three of them apply in some manner, the most commonly used is the modified method. A modified comparative negligence system allows the victim to seek monetary damages, provided their share of blame is not greater than 50% or surpasses the percentage of a different defendant or group. In the majority of states, however, this rule only applies to personal injuries and wrongful death claims. This system is based upon a theory of negligence and analyzes the four basic elements of negligence which are duty of care breach of duty of care, causation and damages. An experienced attorney must prove these elements in order to get a favorable outcome for the plaintiff. Pure comparative negligence is a norm in the majority of states, whereas contributory negligence , which is only recognized by five states. Under this law the injured party is able to be compensated even if they're found to be 99% responsible. This is referred to 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 known as the Federal Employers Liability Act (FELA). In FELA cases, employees must prove that the employer was negligent. If that is the case, the employee is entitled to receive compensation for medical expenses or lost wages, as well as other damages. Contrary to state workers' compensation systems, which rely on damage caps to limit the amount of compensation that an employee can recover, FELA allows an injured worker to be compensated for all non-economic and economic losses. This includes the suffering and pain as well as loss of enjoyment of life, emotional distress and disability. The nature of the accident or death will determine the damages a railroad worker could seek. For example in the event that a train operator dies in an accident on tracks, the family of the deceased can be sued for wrongful deaths and damages for loss of companionship and financial support. If the train driver is killed because of the negligence of someone else the person responsible could be held responsible for the death. This could include a car operator or owner, a pedestrian, or even the driver's family members. The employer may also be liable in the event that a railway worker gets injured while working on a train or track. Employers could also be held accountable for injuries sustained by workers who were under the influence of alcohol and drugs at the time the accident occurred. There are also some specific federal laws that are applicable to railroad safety, like the Boiler Inspection Act and the Railroad Safety Act. These acts set standards for the safety of rail cars and trains. Railroad Safety Act, for example, requires railroads to inspect their trains to ensure that they are operating safely and in accordance to their specifications. This is done to ensure the safety and well-being of the general public when trains travel on tracks.