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Railroad Injuries Litigation If you or a loved one was injured in a train crash you may be entitled to compensation These damages include past and future medical expenses lost wages permanent disability and disfigurement Federal law FELA Federal Employers Liability Act protects railroad workers It provides financial compensation for the pain and suffering that is not covered by state laws on workers compensation Prompt Reporting An injury claim that isnt reported could have a significant impact on an employees ability receive medical treatment NCCI research has found that the longer an injury remains unreported the higher the likelihood that a claim will remain unpaid and open The railroad is responsible to ensure that its employees have the safety of their workplace and that all of its equipment and tools are employed in a safe manner If it is found to be in violation of this duty and the employee is not satisfied they can bring a lawsuit against the railroad to recover damages Railroad safety rules require railroad employees to report any injuries However its often difficult to get injured worker to report the injury In these cases it is imperative that the employee notify the injured party immediately and seek legal advice from an attorney In addition to a railroads obligation to ensure that their employees are in a safe working space railways are also required to provide prompt and effective medical care Injuries can be prevented from becoming more serious and costly by providing timely medical treatment Furthermore under FELA railroads are also required to pay the cost of all medical treatment provided to an employee who is injured while working This includes transport to and from doctors office prescription medication and treatment for any physical or mental illnesses The railroad must keep an eye on these records in addition to any other evidence they gather during the investigation and handling of an claim Infractions to railroad rules could result in severe punishment which could include dismissal from the job Federal Railroad Safety Act is another important federal law that protects railroad workers According to this law it is unlawful for a railroad to take an adverse action against a railroad worker who engages in protected activities which include whistleblowing If you have been a whistleblower or facing retaliation due to your actions contact Rossi Vucinovich PC right away Our knowledgeable attorneys can help you fight back against railroad retaliation and pursue justice Railroads must allow the necessary time to report any accident or incident involving an employee to the FRA National Transportation Safety Board NTSB While railroads are generally diligent about reporting incidents and accidents it is not uncommon for them to not report them FELA Railroad workers in the United States are protected by the Federal Employers Liability Act This law was created to protect workers from deaths or injuries by shifting the financial burden off of individual employees and onto railroads The FELA outlines the legal obligations that railroads have to meet including providing safe work areas properly educating workers in the workplace examining for hazards and enforcing safety rules Infractions to these regulations can result in railroad companies being held accountable for negligence While FELA is a great tool for protecting injured workers it comes with its own setof challenges First a worker must demonstrate that the railroad was negligent and that their actions caused their injury wwwaccidentinjurylawyersclaims is typically easier in an FELA case than in a typical personal injuries claim Second a railroad employee must demonstrate that their employer has violated the law of the state or federal or safety regulation A railroad violating any of these laws could easily establish that it caused the injury and therefore is responsible under the FELA Additionally a worker on the railroad must prove that their injury was permanent This is important because an injury that is permanent is typically more valuable than one that is not Moreover many types of workplace accidents can result in serious longterm harm including traumatizing injuries such as broken bones and muscles pulled muscles lacerations and joint strains Additionally repetitive motion injuries such as tendinitis and carpal tunnel syndrome can make it more difficult or worsen existing medical ailments It is crucial to consult an experienced FELA attorney when you have complicated expensive and potentially expensive claim against a railroad A standard personal injury attorney will not be able to deal with the huge amount of knowledge and resources available to railroads Comparative Negligence In the case of railroad injuries one of the major issues is to determine the person who was at fault in an accident While it can be difficult to determine who is at fault in certain cases comparative negligence can aid the parties in reaching an agreement that benefits everyone Comparative negligence is a legal mechanism that permits parties involved in a car accident to share the burden of liability according of their contributions to the cause of the accident This allows you to calculate damages in the case of pileups or multicar crashes Drivers who fail or fails to obey traffic signs such as stop signs could be held responsible under a comparative negligence rule This is especially useful when it comes to railroad injury lawsuits where the failure of the company to maintain or repair its equipment could be considered to be a factor that contributed to workers injuries Three kinds of comparative negligence exist in the United States modified pure and contributory While all three apply in some way the most common is the modified one Under the modified system of comparative negligence an injured party may get compensation for their losses as in the event that their percentage of blame is not greater than 50 or exceeds the fault of another defendant or group of defendants In the majority of states however this rule only applies to personal injury claims and wrongful death claims This system is based on a concept of negligence and it examines the four fundamental elements of negligence which are duty of care breach of duty of care causation and damages A skilled attorney must prove these elements in order to get a favorable outcome for the plaintiff In contrast to contributory negligence which is only recognized in five states Pure negligence by comparison is the law of most states In this case the injured party is able to get compensation even if found 99 at fault This is referred to as pure comparative negligence in New York but only thirteen other states use it Damages If a railway worker is injured on the job they are entitled to compensation The law that governs workers rights is known as 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 is entitled to be compensated for medical expenses or lost wages as well as other damages Contrary 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 noneconomic and financial losses This includes suffering pain as well as loss of enjoyment emotional distress disability and other losses The damages that railroad workers can seek depend on the nature of the injury or death For example in the event that a train operator dies in an accident on tracks the family members of the deceased can claim wrongful death and damages for the loss of companionship and financial support If the train driver dies because of the negligence of someone else the person who was responsible could be held responsible for the death This could include the car 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 the employer may be liable for the injuries The employer could also be liable if a worker was under the influence of alcohol or other drugs at the time of the accident which could have led to increased risk of injury Federal laws that regulate safety of railroads include the Boiler Inspection Act and the Railroad Safety Act These laws set standards for the safety of trains and rail cars Railroad Safety Act for example requires railroads to check their trains in order to ensure they are operating safely and according to their specifications This is to ensure the safety and wellbeing of the general public when trains are on tracks