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Railroad Injuries Litigation You could be eligible for compensation in the event that you or a loved one were injured in a train accident. These damages include the future and past medical expenses and lost wages, as well as permanent disability, and disfigurement. FELA (Federal Employers' Liability Act) is a federal law that protects railroad workers. AccidentInjuryLawyers provides financial compensation for the pain and suffering that is not covered by state laws governing workers' compensation. Prompt Reporting An injury claim that isn't disclosed can have a major impact on the employee's ability to receive medical treatment. NCCI research has revealed that the longer an injury goes unreported, the greater risk that a claim will remain unpaid and open. The railroad has a responsibility to ensure that its employees have an environment that is safe for work and that all of its tools and equipment are utilized in a safe manner. If it violates this duty and the employee is not satisfied, they can sue the railroad to recover damages. Railroad safety regulations require railroad employees to report any injuries they suffer. However, it's often difficult to convince an injured worker to make this report. It is essential that the employee immediately report the injury to the employer and seek legal advice from an attorney. In addition to the obligation to ensure that its employees have a safe and secure working environment, railroads are also required to provide timely and efficient medical treatment. Injuries can be prevented from becoming more costly and expensive by providing medical attention promptly. Furthermore under FELA railroads are also obliged to pay for the cost of medical treatment for employees who are injured on the job. This includes transport to and from the doctor's offices, prescription medication and treatment for any physical or mental conditions. The railroad must keep all of these records along with any other evidence they gather in the course of investigating and the treatment of a claim. Infractions to the railroad's rules could cause serious discipline, including discharge from the job. Another important federal law that protects railroad workers is the Federal Railroad Safety Act. According to this law, it is unlawful for railroads to take an adverse action against a railroad employee who engages 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 knowledgeable attorneys can help you fight back against railroad retaliation and seek justice. In general, railroads is required to provide a reasonable time to notify any accident or incident involving employees to the FRA or National Transportation Safety Board (NTSB). While the majority of railroads are meticulous in reporting, it is not uncommon for accidents or other incidents to occur that aren't required to be reported. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. This law was established to prevent worker injuries or deaths by shifting the financial burden off of individual employees and onto the railroads. The FELA outlines the legal obligations that railroads must adhere to in order to provide safe work environments, properly training workers as well as examining for hazards and enforcing safety regulations. Failure to comply with these regulations can result in railroad companies being held accountable for negligence. While FELA is a great tool to protect injured workers, it comes with its own set-of challenges. First, the injured worker must prove that the railroad was negligent and that their negligence caused their injury. This is usually simpler to prove in an FELA case than it would be in the traditional personal injury case. Railroad workers must also show that their employer violated any safety regulations or laws in the state or federal. If a railroad violates any of these laws, the worker is able to prove that it caused their injury and therefore is responsible under FELA. Railroad workers must be able to prove that their injury was permanent. This is important because an injury which is permanent is typically more valuable than one that doesn't. A lot of workplace accidents can cause long-term injuries, like broken bones, joint sprains and lacerations and even lacerations. Also repetitive motion injuries like carpal tunnel syndrome and tendinitis can cause a worsening or acceleration of existing medical ailments. If you're dealing with a the complexity of a huge, complex and potentially expensive claim against a railroad, it is important to work with an experienced FELA attorney. An average personal injury lawyer is not able to manage the massive amount of expertise and resources railroads have. Comparative Negligence One of the most important issues in railroad injury litigation is how to determine who is responsible for an accident. It may be difficult to assign blame in some cases but with the help of comparative negligence the parties can work together to come to a correct conclusion that benefits both. Comparative negligence is a legal mechanism that permits parties involved in a car crash to assign liability according of their contributions to the incident. This makes it easier to calculate damages in the event of pile-ups and multi-car collisions. Drivers who fail or fails to obey traffic signals like stop signs, could be held accountable under the common negligence rule. This is particularly helpful in cases involving railroad accidents in which the company's failure to properly maintain or repair its equipment could be considered a contributing factor to the injury suffered by the injured worker. There are three kinds of comparative negligence in the United States, including pure, modified, and contributory. While all three apply in some manner, the most commonly used is the modified version. A modified comparative negligence system enables an injured person to recover monetary damages, provided their percentage of fault is not greater than 50% or is greater than the percentage of a different defendant or group. This rule is not applicable to personal injury claims in most states. The system is based on the concept of neglect and examines the four components of negligence: duty breach, breach of duty, duty of care and causation. A skilled attorney must prove these elements in order to obtain a favorable result for the plaintiff. Pure comparative negligence is a law in most states, whereas the concept of contributory negligence that is only recognized by five states. Under this law it is possible for an injured party to claim compensation even if found to be 100% at fault. It is called pure comparative negligence in New York, but only thirteen other states utilize it. Damages If a railroad employee is injured on the job, they are entitled to compensation. The law that governs workers' rights is referred to as the Federal Employers Liability Act (FELA). In FELA instances, an employee must be able to prove that the employer was negligent. If that is the case, the employee could receive compensation for medical expenses, lost wages and other damages. In contrast to state workers' compensation systems, which use damage caps to limit the amount of compensation an employee is entitled to, FELA allows an injured worker to receive compensation for all economic and non-economic losses. This includes the suffering and pain as well as loss of enjoyment of life, emotional distress and disability. The nature of the death or injury will determine the damages a railroad worker could sue for. For example when a train driver dies in a crash on the tracks, the family of the deceased can sue for wrongful death and damages for the loss of companionship and financial support. Additionally, if the train driver died due to inattention on the part of another party, then the person responsible for the accident may be held liable for the death of the train driver. This could include a car operator or owner, a pedestrian, or even the family members of the driver. The employer could also be held accountable if a railway worker is injured while working on a track or train. Employers can also be held responsible for injuries suffered by workers who were under the influence of alcohol or drugs at the time the accident occurred. There are also some specific federal laws that pertain to railroad safety, for instance the Boiler Inspection Act and the Railroad Safety Act. These laws establish standards for safety for trains and rail cars. For example The Railroad Safety Act requires that railroads inspect their trains in order to make sure they're operating properly and in line with their specifications. This is to ensure the safety and welfare of the public when trains travel on tracks.