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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. The damages may include past and future medical expenses as well as lost earnings, permanent disability, disfigurement, and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides financial compensation for pain and suffering that is not covered by state workers' compensation laws. Prompt Reporting An injury claim that is not filed can have a significant impact on the employee's ability to receive medical treatment. NCCI research has shown that the longer an injury goes unreported, the greater probability that a claim could remain open and unpaid. The railroad has a duty to ensure that its employees have a safe place of work and that all its equipment and tools are used in a safe way. If it violates this duty and the employee is found to be in violation, the employee has the right to file a lawsuit against the railroad to recover damages. Railroads have safety rules that require railroad employees to report any injuries. However, it's often difficult to get an injured worker to report the injury. It is essential that the employee immediately report the injury to the employer and seeks legal advice from an attorney. In addition, to a railroad's obligation to ensure that its employees are in a safe working space railways are also required to provide timely and efficient medical care. Injury can be prevented from becoming more expensive and severe through prompt medical care. Railroads are also required by FELA to pay for all medical treatment employees receive while working. This includes transportation to and from the doctor's office , as well as prescription medication and treatment for any resulting physical and mental illnesses. The railroad must keep an eye on these records, as well as any other evidence it gathers during the investigation or treatment of the claim. Infractions to railroad rules could result in severe discipline which could include dismissal from the job. Another federal law that protects railroad workers is the Federal Railroad Safety Act. It is unlawful for railroads to take negative actions against railroad workers who engage in “protected activities,” which includes whistleblowing. If you've been a whistleblower, or are being targeted for retaliation because of your actions, get in touch with Rossi Vucinovich PC right away. Our experienced attorneys can help combat railroad retaliation. In general, railroads is required to provide a reasonable time to submit any accident or incident involving an employee to the FRA or National Transportation Safety Board (NTSB). Although railroads are generally conscientious regarding reporting accidents and incidents but it is not unusual for them not to report these incidents. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. This law was enacted to protect workers from injuries or deaths by shifting the burden of economic responsibility away from individual employees and onto the railroads. FELA sets out legal duties that all railroad companies must meet, including providing safe working environments by adequately training employees, inspecting for dangers and enforcing safety regulations. A railroad company that fails to adhere to these rules is considered to be negligent and can be sued for negligence under the FELA. FELA is a very effective tool to protect injured workers however it also comes with its own challenges. First, the worker must demonstrate that the railroad was negligent and that their actions caused their injury. This is often easier in an FELA case than in a standard personal injury claim. A railroad worker must prove that their employer violated a federal or state statute or safety rule. If a railroad violates any of these laws, the employee can easily prove that it caused their injury and therefore is responsible under FELA. Railroad workers must also prove that their injury is permanent. This is important as an injury that is permanent can be more valuable than one that doesn't. Furthermore, a variety of workplace accidents could cause permanent damage that lasts for a long time, including trauma-related injuries like broken bones, pulled muscles, lacerations and joint strains. Also repetitive motion injuries such as tendinitis and carpal tunnel syndrome can make it more difficult or worsen existing medical conditions. When you're faced with an enormous, complicated, and potentially expensive claim against a railroad, it is important to work with an skilled FELA attorney. A standard personal injury attorney is not able to manage the massive amount of knowledge and resources railroads have. Comparative Negligence One of the biggest issues in railroad injury litigation is how to determine who was at fault for the accident. It may be difficult to apportion blame in some cases but with the help of comparative negligence, the parties can come to a fair and accurate conclusion which will benefit both. Comparative negligence permits the parties involved in car accidents to share responsibility in proportion to the amount they contributed to the incident. This allows you to determine the amount of damages in the event of multi-car collisions and pile-up accidents. A driver who fails to pay attention to traffic signs, such as an intersection stop sign, can be held responsible for the accident under the comparative negligence rule. This can be particularly useful in cases involving railroad accidents in which 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. Three kinds of comparative negligence are found in the United States: modified, pure, and contributory. All three are applicable in a specific way but the most commonly used is the modified method. A modified comparative negligence system allows an injured person to recover compensation in the form of money, provided their percentage of fault is not more than 50% or equals the percentage of another defendant or group. In the majority of states however, this rule is only applicable to personal injuries and wrongful death claims. This system is based on a theory of neglect and examines the four elements of negligence: duty, breach, duty of care and causation. It is crucial for an experienced attorney to prove these factors for a favorable settlement for the plaintiff. Unlike railroad injury lawyer , which is only recognized in five states and the District of Columbia, pure comparative negligence is the norm of most states. This allows an injured party to claim compensation even if they are determined to be 99% at fault. This is referred to as 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 on the job. Federal Employers Liability (FELA) is the law that governs workers' rights. An employee has to prove that the employer was negligent in FELA cases. If this is the situation, the employee could be entitled to compensation for medical expenses, lost earnings, and other damages. Unlike state workers' compensation systems, which use damage caps to limit the amount of compensation an employee can recover, FELA allows an injured worker to receive compensation for all economic and non-economic losses. This includes the loss of pain and suffering, loss of enjoyment of life, emotional distress and disability. The damages 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 on the tracks, the family members of the deceased may be sued for wrongful deaths and damages for loss of companionship and support. Furthermore, if the train driver was killed because of negligence by another party, then that person responsible for the accident could be held responsible for the death of the train driver. This could be a car operator or owner, a pedestrian or even family members of the driver. Additionally, if a railroad worker was injured while working on a train or the track itself, then the employer could be accountable for the injury. The employer could also be liable if the worker was under the influence of alcohol or other drugs at the time of the accident, which could lead to more risk of injury. Federal laws that regulate safety of railroads include the Boiler Inspection Act, and the Railroad Safety Act. These acts set standards for the safety of rail cars and trains. Railroad Safety Act, for instance requires railroads to check their trains to ensure they operate safely and according to their specifications. This is done to ensure the safety and welfare of the general public when trains travel on tracks.