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Railroad Injuries Litigation You may be entitled to compensation in the event that you or a loved one was injured during a train crash. These damages can include future and past medical expenses in addition to lost wages permanent disability, disfigurement, and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides financial compensation for suffering and pain that is not covered by the state workers' compensation laws. Prompt Reporting An injury claim that is not reported could have a significant impact on an employee's capability to receive medical treatment. NCCI research has found that the longer an injury is not reported, the greater the probability that a claim could remain unpaid and open. The railroad has a responsibility to ensure that its employees have an area of work that is safe and that all its tools and equipment are utilized in a safe manner. If it does not meet this requirement, then the employee can file a lawsuit against the railroad for damages. Most railroads have safety rules that require employees to report any accident-related injuries. It isn't easy for injured workers to report injuries. In these instances it is essential to notify the injured party as soon as they can and seek legal advice from an attorney. In addition to their obligation to ensure employees have a safe working environment railroads are also required to provide timely and efficient medical treatment. Accidents can be prevented from becoming more costly and serious through prompt medical care. In addition under FELA railroads are also required to cover the cost of medical treatment for employees injured while working. This includes transportation to and from doctors' offices, prescription medication , and treatment for any resulting mental or physical illnesses. These records, along with any other evidence collected during an investigation or the treatment of a dispute must be maintained by the railroad. Failure to adhere to the railroad's rules could result in severe discipline and even dismissal from employment. Federal Railroad Safety Act is another important federal law that safeguards railroad workers. It is illegal for railroads to take adverse action against railroad workers who engage in “protected activities,” which includes whistleblowing. If you have been a whistleblower or facing retaliation due to your actions, you should contact Rossi Vucinovich PC right away. Our skilled lawyers can help you fight against railroad retaliation as well as pursue justice. A railroad must provide sufficient time to report any accident or other incident that involves employees to the FRA (National Transportation Safety Board) (NTSB). While railroads are generally diligent regarding reporting accidents and incidents but it is not unusual for them not to report them. FELA Railroad workers in the United States are protected by the Federal Employers' Liability Act. This law was enacted to prevent worker deaths and injuries by shifting the financial burden from individual workers to the railroads. The FELA sets out 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. A railroad company that fails to adhere to these rules can be found to be negligent and sued for negligence under the FELA. FELA is a powerful tool to safeguard injured workers, but it is not without its problems. First, the worker must demonstrate that the railroad was negligent and that the railroad's negligence caused their injury. This is usually easier in an FELA case than in a typical personal injury lawsuit. The second requirement is that a railroad employee must prove that their employer broke any state or federal statute or safety regulation. If a railroad violates one of these laws can easily prove that it caused injury and therefore is accountable under the FELA. A railroad worker must also prove that their injury was permanent. This is vital because an injury that is permanent is typically more valuable than one that is not. Additionally, many kinds of workplace accidents could cause serious long-term damage, including trauma-related injuries like broken bones, pulled muscles, lacerations and joint strains. Repetitive motion injuries, like carpal tunnel syndrome or tendinitis, can also aggravate or intensify existing medical ailments. It is crucial to consult an experienced FELA attorney when you have a an intricate, costly and potentially expensive claim against a railroad. An average personal injury lawyer is not able to deal with the huge amount of knowledge and resources that railroads have. Comparative Negligence One of the biggest issues in railroad injury litigation is to determine who was responsible for the accident. It can be difficult to assign blame in some instances but with the help of comparative negligence both parties are able to work together to a fair conclusion which will benefit both. Comparative negligence is a legal concept that permits the parties involved in a car crash to allocate liability according to their respective contributions to the incident. This makes it easier to calculate damages in the event of pile-ups or multi-car collisions. Drivers who fail or refuses to obey traffic rules like stop signs, could be held accountable under the common negligence rule. This is particularly relevant in cases involving railroad injuries in cases where the failure of the company to maintain or repair its equipment can be considered to be an important factor in the worker's injuries. Three types of comparative negligence are available in the United States: modified, pure and contributory. While all three are applicable in some manner, the most commonly used is the modified one. Under the modified system of comparative negligence that applies to injured parties, they can get compensation for their losses as long as their percentage of fault does not exceed 50% or exceeds the fault of a different defendant or group of defendants. This rule is not applicable to personal injury claims in many states. This system is based on a concept of negligence that examines the four components of negligence: duty breach, breach, duty of care and causation. A skilled attorney must prove these elements to achieve a favorable outcome for the plaintiff. Pure comparative negligence is the law in most states, in contrast to contributory negligence , which is only recognized by five states. Under this rule, an injured party can recover even if they are found to be 99% responsible. This is referred to as pure comparative negligence in New York. Only thirteen other states use it. Damages Railroad workers are entitled to compensation if injured while working. Federal Employers Liability (FELA) is the law which governs the rights of workers. An employee must show that the employer was negligent in FELA cases. If this is the situation, the employee may be compensated for medical expenses as well as lost wages and other damages. In contrast to state workers' compensation systems, which use damage caps to limit the amount that an employee can receive, FELA allows injured workers to be compensated for all non-economic losses. This includes suffering, pain and loss of enjoyment, emotional distress, disability, and other losses. The damages that railroad workers may sue for depend on the nature of the injury or death. For example the case where a train driver dies in an accident that occurs on the tracks, the family members of the deceased can sue for wrongful death and damages for loss of companionship and support. If the train driver is killed because of the negligence of someone else the person responsible could be held responsible for the death. This could be a car operator or owner as well as pedestrians, or even the driver's family members. In addition, if a railway worker was hurt while repairing the track or a train itself, the employer could be held accountable for the injury. The employer may also be liable if the worker was under the influence of alcohol or other drugs at the time of the accident which could have led to the risk of injury being increased. Federal laws that regulate safety for railroads include the Boiler Inspection Act, and the Railroad Safety Act. These acts set standards for the safe operation of trains and rail cars. For example The Railroad Safety Act requires that railroads inspect their trains in order to make sure that they're operating properly and in line with their specifications. This is done to ensure the safety and wellbeing of the public whenever trains travel on tracks.