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Railroad Injuries Litigation If you or someone close to you was injured in a train crash you could be entitled to compensation. These damages could include future and past medical expenses and lost wages permanent disability, disfigurement, and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides monetary compensation for injuries and pain that are not covered by state laws on workers' compensation. Prompt Reporting A claim for injury that goes unreported can make a big difference in the employee's ability to receive medical treatment. NCCI research has shown that the longer an injury is not reported, the greater the chance that it'll remain unpaid. Railroads are responsible to ensure that their employees are provided with secure workplaces and that their equipment and tools are safely employed. The railroad may sue an employee for damages if it violates this duty. Most railroads have safety standards that require employees to report any accident-related injuries. It isn't easy for injured workers to report injuries. In these cases it is crucial that the worker immediately notify the injured party as soon as they can and that he or she seek 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 severe and more costly to treat. Railroads are also required by FELA to pay for all medical services that employees receive working. This includes transportation to and from the doctor's office , as well as prescription medications and treatment for any resulting physical or mental illnesses. The railroad must keep the records of these in addition to any other evidence it collects during the investigation or treatment of the claim. Failure to follow the railroad's rules could result in severe discipline including termination from employment. Federal Railroad Safety Act is another important federal law that safeguards railroad workers. It is unlawful for railroads to take adverse action against railroad workers who engage in “protected activities,” which includes whistleblowing. Rossi Vucinovich, PC is available to help you if you have been a whistleblower who is being subject to the retaliation of a railroad. Our experienced attorneys can help combat railroad retaliation. Railroads must allow the necessary time to report any accident or incident that involves an employee to the FRA (National Transportation Safety Board) (NTSB). Although the majority of railroads are diligent in reporting, it's 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 in order to prevent worker deaths or injuries by shifting the economic burden off of individual employees and onto railroads. FELA provides legal obligations that all railroads have to be able to fulfill, including providing safe workplaces by adequately training employees, inspecting for hazards and enforcing safety standards. Any railroad company that fails to adhere to these rules is deemed negligent and held accountable in a lawsuit for negligence under the FELA. FELA is a very effective tool to safeguard injured workers, but it also has its challenges. First, a worker has to prove that the railroad was negligent and that the railroad's negligence caused their injury. This is typically simpler in an FELA case than in a traditional personal injury lawsuit. The second requirement is that a railroad employee must demonstrate that their employer has violated an act of the federal or state legislature or safety regulation. A railroad that violates any of these laws can easily demonstrate that it caused the injury and is therefore liable under the FELA. In the end, a railroad worker must prove that their injury is permanent. This is vital since an injury that is permanent is usually more valuable than one that doesn't. Furthermore, many types of workplace accidents can result in serious long-term harm, including fractures, such as bones or muscles, lacerations, pulled muscles and joint strains. Also, repetitive motion injuries like tendinitis and carpal tunnel syndrome can aggravate or accelerate existing medical conditions. If you have to deal with a an extensive, complicated and potentially expensive claim against railroads, it's essential to consult an skilled FELA attorney. A typical personal injury lawyer who isn't specialized in this area will be overwhelmed by the amount of resources and expertise that railroads are prepared to put behind the case. Comparative Negligence One of the most important issues in railroad injury litigation is how to determine who was responsible for an accident. It can be difficult to determine who is at fault in some instances but with the aid of comparative negligence, the parties can come to a correct conclusion which will benefit both. Comparative negligence is a legal concept that allows the parties in a car accident to assign liability according to their respective contributions to the incident. This allows you to calculate damages in the case of pile-ups, multi-car collisions, or crashes. Drivers who fail or refuses to obey traffic laws like stop signs, could be held accountable under the comparative negligence rule. This is particularly helpful in railroad injuries litigation where the company's failure to maintain or repair its equipment may be considered to be a contributing cause in the injuries suffered by the injured worker. There are railroad injury lawsuit of comparative negligence in the United States, including pure as well as modified and contributory. While all three are applicable in some way, the most common is the modified one. Under the modified comparative negligence system, an injured party may get compensation for their losses as the percentage of fault is not greater than 50% or exceeds the responsibility of another defendant or group of defendants. This rule does not apply to wrongful death and personal injury claims in the majority of states. This system is based on a concept of negligence that analyzes the four elements of negligence: duty, breach, duty of care and causation. A knowledgeable attorney must prove these elements in order to achieve a favorable verdict for the plaintiff. Pure comparative negligence is the law in the majority of states, whereas contributory negligence which is only recognized by five states. This allows an injured party to recover even if they're determined to be 99% at fault. This is referred to as pure negligence by comparison in New York. Only thirteen other states have it. Damages If a railroad employee is injured on the job they are entitled to compensation. Federal Employers Liability (FELA) is the law that governs workers' rights. In FELA cases, an employee must be able to prove that the employer was negligent. If this is the situation, the employee could be entitled to compensation for medical expenses, lost earnings, and other damages. Contrary to state workers' compensation systems that 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 suffering and pain, loss of enjoyment of life, emotional distress, and disability. The damages a railroad worker can claim 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 wrongful deaths and damages for loss of companionship or support. If the train driver is killed by negligence of another party the party responsible can be held responsible for the death. This could include the car owner or operator, pedestrian or even the family members of the driver. The employer may also be responsible when a railway employee 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 and drugs when the accident occurred. Federal laws that regulate safety for railroads include the Boiler Inspection Act, and the Railroad Safety Act. These acts set standards for the safety of rail cars and trains. For example For instance, the Railroad Safety Act requires that railroads inspect their trains to make sure that they operate in a safe manner and conforming to their specifications. This is to ensure that the public's safety and well-being isn't at risk when a train is on the tracks.