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Railroad Injuries Litigation You may be entitled to compensation in the event that you or a loved one was injured in a train collision These damages can include future and past medical expenses in addition to lost wages permanent disability disfigurement and lost wages FELA Federal Employers Liability Act is a federal law that safeguards railroad workers It provides monetary compensation for the pain and suffering that is not covered by state laws governing workers compensation Prompt Reporting An injury claim that is not reported can have a significant impact on an employees capacity to receive medical treatment NCCI research has shown that the longer an injury is not reported the higher the likelihood that it will remain unpaid The railroad has a duty to ensure that its employees have a safe place of work and that all of its equipment and tools are employed in a safe manner The railroad is able to claim damages against an employee for breaching this duty Railroad safety rules require railroad employees to report any injuries they suffer However its often difficult to get injured worker to do so It is important that an employee immediately disclose the injury to the employer and seek legal advice from an attorney In addition to their obligation to ensure employees are in a safe working space railways are also required to provide prompt and effective medical treatment The prompt treatment of medical issues can prevent injuries from becoming severe and costly to treat In addition under FELA railroads are required to pay the cost of medical treatment for employees who are injured on the job This includes transportation to and from the doctors office as prescription medication and treatment for any resulting physical and mental illnesses The railroad must keep track of these records and any other evidence they gather in the course of investigating and the treatment of the claim Failure to comply with the railroads regulations could result in serious disciplinary action which could include the removal from job Another important federal law protecting railroad workers is the Federal Railroad Safety Act It is unlawful for a railroad to take an adverse action against a railway worker who engages in protected activities which include whistleblowing If you have been a whistleblower or are being retaliated against for your actions get in touch with Rossi Vucinovich PC right away Our experienced lawyers can assist you in fighting against railroad retaliation and pursue justice Generally a railroad is required to provide an adequate time to report any accident or other incident that involves an employee to the FRA or National Transportation Safety Board NTSB While most railroads are diligent in reporting incidents it is not unusual for incidents or accidents to occur that arent required to be reported FELA Railroad workers in the United States are protected by the Federal Employers Liability Act This law was created in order to prevent worker injuries or deaths by shifting the burden of economic responsibility away from individual workers and onto railroads The FELA defines the legal obligations railroads must fulfill including providing safe work environments properly training workers in the workplace examining for hazards and enforcing safety rules Infractions to these regulations could result in railroad companies being held accountable for negligence While FELA is a great tool for protecting injured workers it comes with its own set challenges First a worker must demonstrate that the railroad was negligent and that the railroads negligence caused their injury This is typically much easier to prove in an FELA case as opposed to an ordinary personal injury claim The second requirement is that a railroad employee must show that their employer violated the law of the state or federal or safety rule If a railroad violates any of these laws the worker can easily show that it caused injury and thus is liable under FELA Additionally a worker on the railroad must prove that their injury is permanent This is crucial because an injury that is permanent is generally of greater value than one that is not A lot of workplace accidents can cause longterm injuries like broken bones and joint sprains lacerations and even lacerations Also repetitive motion injuries such as tendinitis and carpal tunnel syndrome can cause a worsening or acceleration of existing medical ailments It is essential to speak with an experienced FELA attorney if you have a complicated expensive and possibly expensive claim against railroad A typical personal injury lawyer who is not specialized in this field will be overwhelmed by the resources and expertise that railroads have in place behind a claim Comparative Negligence One of the most significant issues in the field of railroad injury litigation is to determine who was responsible for an accident Although it may be difficult to assign blame in certain situations comparative negligence may help the parties come to an agreement that is beneficial to all parties Comparative negligence allows for the parties involved in car accidents to share responsibility depending on their contribution to the accident This allows for a more precise calculation of damages in the event of pileups or multicar collisions Drivers who fail to observe traffic conditions like the stop sign could be held responsible for the incident in a case of comparative negligence This is especially useful in the case of railroad injuries where the failure of a company to maintain or repair its equipment could be considered as an important factor in the workers injuries Three types of comparative negligence are available in the United States modified pure and contributory While all three apply in some way the most popular is the modified method A modified comparative negligence system permits the victim to seek monetary damages provided their percentage of fault is not greater than 50 or is greater than the percentage of another defendant or group This rule does not apply to wrongful death and personal injury claims in a majority of states The system is based on a concept of negligence that examines the four elements of negligence duty breach duty of care and causation It is essential for an experienced attorney to prove these elements in order to secure a favorable outcome for the plaintiff Unlike contributory negligence which is only recognized in five states pure comparative negligence is the norm in all states Under this law it is possible for an injured party to be compensated even if theyre found to be 99 responsible accidentinjurylawyersclaims is referred to as pure comparative negligence in New York but only thirteen other states use it Damages Railroad workers are entitled to compensation in the event of being injured while working The law that governs workers rights is called the Federal Employers Liability Act FELA An employee has to prove that the employer was negligent in FELA cases If that is the case the employee could be awarded compensation for medical expenses lost wages and other damages Unlike state workers comp systems which use damage caps to limit the amount that an employee can receive FELA allows injured workers to be compensated for all losses that are not economic This includes the loss of pain and suffering as well as loss of enjoyment of life emotional distress and disability The nature of the injury or death will determine the damages that a railroad worker can pursue If a train driver dies in an accident on the tracks and family members can sue the railroad for damages resulting from wrongful deaths as well as for loss of companionship or support Additionally if the train driver died due to negligence by another party then that person responsible for the accident may be held accountable for the death the train driver This could be a car owner or operator a pedestrian or even the family members of the driver Furthermore if a railway worker was hurt while repairing a train or the track itself then the employer may be liable 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 accident which could lead to more risk of injury Federal laws that regulate safety for railroads include the Boiler Inspection Act and the Railroad Safety Act These laws set standards for the safe operation of rail cars and trains For example for instance the Railroad Safety Act requires that railroads inspect their trains to make sure that they are working in a safe manner and conforming to their specifications This is to ensure the safety and security of the general public when trains are on tracks