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Railroad Injuries Litigation If you or a loved one was injured in a rail accident you may be entitled to compensation. These damages could include past and future medical expenses in addition to lost wages permanent disability, disfigurement and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides monetary compensation for pain and suffering that are not permitted under the state workers' compensation laws. Prompt Reporting An injury claim that is not filed can have a significant impact on an employee's capacity to receive medical treatment. NCCI research has revealed that the longer an injury is unreported, the greater risk that a claim will remain open and unpaid. The railroad has a duty to ensure that its employees are in an area of work that is safe and that all its tools and equipment is utilized in a safe manner. If it does not meet this requirement the employee may sue the railroad for the damages incurred. Most railroads have safety guidelines that require employees to report any accidents that cause injuries. It isn't easy for injured workers to report injuries. It is imperative that an employee immediately reports the injury to the employer and seeks legal advice from an attorney. Railroads must ensure that employees are protected at work, and provide prompt and efficient medical treatment. Medical treatment that is timely can stop injuries from becoming more serious and more expensive to treat. Additionally under FELA railroads are also required to cover the cost of all medical treatment for an employee who is injured on the job. This includes transportation to and from the doctor's office 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 case must be kept by the railroad. Failure to follow the railroad's rules could result in severe punishment, including dismissal from employment. Federal Railroad Safety Act is another important federal law that protects railroad workers. It is unlawful for railroads to take adverse actions against railroad employees who engage in “protected activity,” which includes whistleblowing. Rossi Vucinovich, PC is available to assist you if have been a whistleblower, and are being subject to retaliation. Our experienced attorneys can help fight railroad retaliation. Railroads must allow sufficient time to report any accident or other incident that involves employees to the FRA (National Transportation Safety Board) (NTSB). Although the majority of railroads are diligent 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. The law was passed in order to prevent worker injuries or deaths by shifting the burden of economic responsibility away from individual workers and onto railroads. The FELA outlines the legal obligations that railroads have to meet, including providing safe work environments, properly training workers, inspecting for hazards and enforcing safety regulations. Railroad companies that fail to meet these requirements is considered to be negligent and could be held liable in a lawsuit for negligence under the FELA. While FELA is a very effective tool to protect injured workers, it comes with its own set-of challenges. First, a worker must prove that the railroad was negligent and that their actions caused their injury. This is often much simpler to prove in an FELA case than it is in an ordinary personal injury claim. Railroad workers must also prove that their employer violated any safety regulations or laws in the state or federal. If a railroad breaks any of these laws, the worker can easily prove that it caused their injury and therefore is liable under FELA. A railroad worker must be able to demonstrate that their injury is permanent. This is important because an injury that is permanent is generally more valuable than one that is not. Many workplace accidents can also cause long-term injuries such as broken bones and joint sprains, lacerations and even lacerations. Repetitive motion injuries, like carpal tunnel syndrome or tendinitis may also aggravate or accelerate existing medical conditions. It is crucial to consult an experienced FELA attorney when you have a complex, expensive, and potentially costly claim against a railroad. A typical personal injury lawyer 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 a claim. Comparative Negligence In the field of railroad injury litigation, one of the major issues is to determine who was at fault for an accident. It may be difficult to determine the cause in some instances, but with the help of comparative negligence the parties can work together to a correct conclusion that benefits both. Comparative negligence permits parties to car accidents to be liable depending on their contribution to the accident. This allows you to determine the amount of damages in the event of collisions involving multiple cars and pile-up accidents. Drivers who fail to pay attention to traffic rules, such as a stop sign, may be held accountable for the accident under the comparative negligence rule. This is particularly helpful in the case of railroad injuries in which the failure of a company to properly maintain or repair its equipment can be considered to be a contributing factor in the injuries suffered by the injured worker. Three kinds of comparative negligence exist in the United States: modified, pure and contributory. While all three are applicable in some way, the most prevalent is the modified version. Under the modified system of comparative negligence that applies to injured parties, they can be awarded monetary damages so the percentage of fault is not greater than 50% or is greater than the responsibility of another defendant or group of defendants. This rule is not applicable to personal injury claims in a majority of states. This system is based on a theory of neglect and examines the four elements of negligence: breach of duty breach, breach, duty of care and causation. railroad accident attorney is vital for an experienced lawyer to prove these elements for an appropriate outcome for the plaintiff. Pure comparative negligence is the norm in the majority of states, whereas contributory negligence which is only recognized by five states. According to this rule an injured person can claim compensation even if found 99% at fault. It is known as pure negligence by comparison in New York. Only thirteen other states utilize it. Damages Railroad workers are entitled to compensation if they are injured while working. The law governing workers' rights is called the Federal Employers Liability Act (FELA). In FELA cases, an employee must be able to prove that the employer was negligent. If that is the case, the employee is entitled to receive compensation for medical expenses, lost wages and other damages. Contrary to state workers' compensation systems, which use damage caps to limit the amount of compensation that an employee can receive, FELA allows an injured worker to be compensated for all non-economic and financial losses. This includes pain, suffering, loss of enjoyment emotional distress, disability, and other losses. The damages railroad workers can sue for depend on the nature of the injury or death. If a train driver dies in an accident on the tracks, the family members can sue for damages resulting from wrongful deaths as well as for loss of companionship or support. If the train driver is killed through the negligence of another person the person responsible could be held accountable for the death. This could include a car owner or operator as well as pedestrians, or even the family members of the driver. The employer may also be held accountable if a railway worker is injured while working on a track or train. Employers may also be responsible for injuries suffered by workers who were under the influence of alcohol and drugs when the accident occurred. There are also some specific federal laws that pertain to railway safety, including the Boiler Inspection Act and the Railroad Safety Act. These laws set safety standards for trains and rail cars. Railroad Safety Act, for example requires railroads to check their trains to ensure that they operate safely and in accordance to their specifications. This is to ensure the safety and welfare of the public when trains travel on tracks.