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Railroad Injuries Litigation If you or someone close to you was injured in a train collision you could be entitled to compensation. These damages can include the future and past medical expenses as well as lost wages, permanent disability, and disfigurement. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It allows for monetary payouts for the suffering of a worker which are not provided under the state laws governing workers' compensation. Prompt Reporting Having an injury claim go unreported can make an enormous difference in an employee's ability to receive medical treatment. NCCI research has shown that the longer an injury goes not reported, the greater the probability that a claim could remain open and unpaid. The railroad has a duty to ensure that its employees have the safety of their workplace and that all its equipment and tools are used safely. If it fails to meet this obligation the employee may make a claim against the railroad for damages. Most railroads have safety rules that require employees to report any accidents that cause injuries. However, it can be difficult to get injured worker to report the injury. In these instances, it is imperative that the worker immediately notify the employer of the injury as soon as possible and that he or she seek legal advice from an attorney. In addition to a railroad's obligation to ensure that their employees are in a safe working space, railroads are also required to provide prompt and effective medical treatment. A prompt medical treatment can help prevent injuries from becoming more serious and more costly to treat. In addition under FELA railroads are also required to pay for the cost of all medical treatment offered to employees who are injured while on the job. This includes transport to and from doctor's office, prescription medication and treatment for any physical or mental ailments. The railroad must keep an eye on these records and any other evidence they gather in the course of investigating and the treatment of an claim. Failure to comply with the railroad's regulations could cause serious discipline including the termination of the job. Federal Railroad Safety Act is another important federal law that safeguards railroad workers. It is unlawful for railroads to take adverse action against a railroad employee who is engaged in “protected activities,” which include whistleblowing. If you have been a whistleblower and are facing retaliation due to your actions, you should contact Rossi Vucinovich PC right away. Our experienced attorneys can help combat railroad retaliation. A railroad must give sufficient time to report any accident or other incident that affects an employee to the FRA (National Transportation Safety Board) (NTSB). While the majority of railroads are meticulous in reporting, it's not uncommon for accidents or 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 created in order to prevent worker accidents or deaths by shifting the burden of economic responsibility off of individual employees and onto the railroads. FELA stipulates legal obligations that all railroad companies must fulfill, such as providing safe work environments as well as properly training employees, checking for hazards and enforcing safety guidelines. Failure to meet these requirements can lead to railroad companies being held responsible for negligence. FELA is a very effective tool to protect injured workers however it also has its own set of challenges. First, the railroad has to be proven negligent by the worker. This is usually much simpler to prove in an FELA case than it would be in a traditional personal injury lawsuit. Second, a railroad worker must prove that their employer violated any state or federal statute or safety rule. If a railroad breaks any of these laws, the employee can easily prove that it caused their injury and is therefore liable under FELA. Additionally, a worker on the railroad must prove that the injury they sustained was permanent. This is important because an injury that is permanent can be more valuable than an injury that isn't. Furthermore, a variety of workplace accidents can result in permanent damage that lasts for a long time, including trauma-related injuries like broken bones, pulled muscles, lacerations and joint sprains. Also, repetitive motion injuries such as tendinitis and carpal tunnel syndrome can worsen or aggravate existing medical conditions. When you're faced with an enormous, complicated, and potentially costly claim against a railroad, it is essential to consult an experienced FELA attorney. A typical personal injury attorney who does not specialize in this field will be overwhelmed by the expertise and resources that railroads are willing to put behind an action. Comparative Negligence In the case of railroad injuries, one of the biggest concerns is determining who was responsible for an accident. It can be difficult to determine the cause in some instances but with the aid of comparative negligence parties, they can work together to come to an accurate result that will benefit both. Comparative negligence permits participants in car accidents to share liability in proportion to their part in the accident. This allows for a more precise calculation of damages in the case of pile-ups and multi-car crashes. A driver who fails or refuses to obey traffic laws, such as stop signs, could be held liable under a law of comparative negligence. This is particularly relevant in railroad injury litigation in which the failure of a company to maintain or repair its equipment may be considered as an element that contributed to the worker's injuries. Three kinds of comparative negligence are found in the United States: modified, pure and contributory. While all three apply in some way, the most prevalent is the modified method. Under the modified system of comparative negligence under the modified comparative negligence system, an injured person can recover monetary damages as the percentage of blame does not exceed 50% or exceeds the responsibility of another defendant or group of defendants. This rule does not apply to personal injury claims in the majority of states. This system is based upon a theory of negligence. It considers the four established elements of negligence such as duty of care breach of duty of care, causation, and damages. It is essential for an experienced attorney to prove these elements for a favorable settlement for the plaintiff. In contrast to contributory negligence, which is only recognized in five states and the District of Columbia, pure comparative negligence is the law in the majority of states. In this case it is possible for an injured party to get compensation even if found to be 99% at fault. It is called pure comparative negligence in New York, but only thirteen other states have it. Damages Railroad workers are entitled to compensation in the event of being injured while working. Federal Employers Liability (FELA) is the law that governs workers' rights. In FELA cases, employees must be able to prove that the employer was negligent. If this is the situation, the employee may be awarded compensation for medical expenses as well as lost wages and other damages. Unlike state workers' compensation systems, which use damage caps to limit the amount of compensation an employee can claim, FELA allows an injured worker to be compensated for all economic and non-economic losses. This includes suffering, pain and enjoyment loss emotional distress, disability and other losses. The damages that railroad workers can pursue depend on the nature of the injury or death. If the train driver is killed in an accident on the tracks and family members can sue for wrongful death and damages for loss of companionship or support. Furthermore, if railroad injury attorneys died because of negligence on the part of another party, then the person who caused the accident could be held accountable for the death of the train driver. This could be a car owner or operator or pedestrian, or even family members of the driver. Furthermore, if a railway worker was hurt while repairing the track or a train itself, the employer could be accountable for the injury. Employer may also be liable for injuries sustained by employees who were under the influence of alcohol or drugs at the time that the accident occurred. There are also some specific federal laws that apply to railroad safety, like the Boiler Inspection Act and the Railroad Safety Act. These laws establish the standards of safety for trains and rail cars. For instance for instance, the Railroad Safety Act requires that railroads inspect their trains to be sure they're operating safely and in accordance with their specifications. This is to ensure that the public's safety and well-being isn't at risk while a train is traveling along the tracks.