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Railroad Injuries Litigation You may be entitled to compensation If you or a loved one were injured in a train crash These damages can include the future and past medical costs as well as lost wages permanent disability disfigurement and lost wages Federal law FELA Federal Employers Liability Act protects railroad workers It permits monetary compensation for injuries and suffering that are not covered by the state laws governing workers compensation Prompt Reporting An injury claim that is not reported could 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 greater the chance that itll remain unpaid The railroad has a duty to ensure that its employees have a safe place of work and that all its tools and equipment is used safely If it does not meet this requirement and the employee is not satisfied they can bring a lawsuit against the railroad for damages Railroad safety rules require railroad employees to report any injuries It isnt easy for injured workers to report injuries In these instances it is essential that the employee notify the injured party as soon as they can and that he or she seek legal advice from an attorney Railroads must ensure that workers are protected at work and provide timely and effective medical treatment The prompt treatment of medical issues can prevent injuries from becoming serious and costly to treat Railroads are also required by FELA to pay for all medical care employees receive working This includes transportation to and from the doctors office as prescription medications and treatment for any resulting physical and mental conditions The railroad must keep an eye on these records as well as any other evidence it gathers during the investigation and treatment of a claim Failure to follow the railroads rules could result in severe disciplinary action and even dismissal from employment Federal Railroad Safety Act is another important federal law that safeguards railroad workers In accordance with this law it is unlawful for railroads to take adverse action against a railroad employee who engages in protected activities which include whistleblowing If youve been a whistleblower or being targeted for retaliation because of your actions get in touch with Rossi Vucinovich PC right away Our knowledgeable attorneys will help you fight against railroad retaliation and pursue justice Railroads must allow sufficient time to report any accident or other incident that involves an employee to the FRA National Transportation Safety Board NTSB While most railroads are diligent in reporting it is not unusual for incidents or accidents to occur that are not required to be reported FELA In the United States railroad workers are protected by the Federal Employers Liability Act FELA This law was established to protect workers from deaths or injuries by shifting the economic burden away from individual employees and onto railroads The FELA outlines the legal obligations that railroads must adhere to including providing safe work environments properly training employees in the workplace examining for hazards and enforcing safety rules Failure to meet these regulations can result in railroad companies being held liable for negligence FELA is a powerful tool to safeguard injured workers but it also has its challenges First the railroad has to be found negligent by the worker This is often easier in an FELA case than in a traditional personal injury claim The second requirement is that a railroad employee must demonstrate that their employer has violated a federal or state statute or safety regulation If a railroad is found to have violated any of these laws an employee can easily prove that it caused injury and therefore is responsible under FELA Railroad workers must also be able to prove that their injury is permanent This is important since an injury that is permanent is typically more valuable than one that is not A lot of workplace accidents can cause longterm injuries such as broken bones and joint sprains lacerations and even lacerations Also repetitive motion injuries like tendinitis and carpal tunnel syndrome can make it more difficult or worsen existing medical conditions If you have to deal with a a large complex and possibly expensive claim against a railroad it is important to work with an skilled FELA attorney A typical personal injury attorney who is not specialized in this area will be overwhelmed by the amount of resources and expertise that railroads are willing to put behind an action Comparative Negligence One of the biggest issues in the field of railroad injury litigation is how to determine who was responsible for an accident It can be difficult to determine the cause in some cases but with the aid of comparative negligence the parties can come to a fair and accurate conclusion that benefits both Comparative negligence is a legal procedure that permits the parties involved in a car crash to share the burden of liability according to their contribution to the causes of the crash This makes it easier for you to determine damages in the event of collisions involving multiple cars and pileup accidents A driver who fails or fails to obey traffic signs such as stop signs may be held accountable under the relative negligence rule This is particularly important in the case of railroad injuries where the failure of the company to properly maintain or repair its equipment could be considered to be an element that contributed to the workers injuries Three types of comparative negligence are available in the United States modified pure and contributory All three types of comparative negligence are applicable in some way the most prevalent is the modified one Under AccidentInjuryLawyers modified comparative negligence system under the modified comparative negligence system an injured person can recover monetary damages as long as their percentage of fault is not greater than 50 or exceeds the fault of another defendant or group of defendants This rule is not applicable to wrongful death and personal injury claims in most states This system is based upon a theory of negligence and examines the four fundamental elements of negligence which are duty of care breach of duty of care causation and damages It is vital for an experienced lawyer to prove these elements in order to obtain a favorable settlement for the plaintiff Pure comparative negligence is the standard in all states unlike contributory negligence which is only recognized by five states This law allows an injured person to recover even if theyre found to be 99 responsible This is referred to as pure negligence by comparison in New York Only thirteen other states utilize it Damages Railroad workers are entitled to compensation if injured on the job Federal Employers Liability FELA is the law that governs workers rights An employee must prove that the employer was negligent in FELA cases If this is the case the employee may be entitled to compensation for medical expenses lost earnings and other damages As opposed to staterun workers compensation systems that use damage caps to restrict the amount an employee is entitled to FELA allows injured workers to receive compensation for all losses that are not economic This includes suffering pain as well as loss of enjoyment emotional distress disability and other losses The damages railroad workers may sue for depend on the nature of the injury or death If the train driver dies in an accident on the tracks and the family members can sue for damages resulting from wrongful deaths as well as for loss of companionship or support If the train driver dies due to the negligence of a third party the party responsible can be held accountable for the death This could include a vehicle owner or operator as well as pedestrians or even family members of the driver The employer could also be liable for a railway worker who is injured while working on a track or train The employer may also be liable if the worker was under the influence of alcohol or other drugs at the time of the incident which could lead to more risk of injury Federal laws that regulate railroad safety include the Boiler Inspection Act and the Railroad Safety Act These laws set standards for the safe operation of rail cars and trains Railroad Safety Act for example requires railroads to check their trains in order to ensure they operate safely and in accordance with their specifications This is done to ensure that the safety of the public and welfare is not endangered when a train is along the tracks