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Railroad Injuries Litigation If you or a loved one was injured in a train collision and you were injured, you may be entitled to compensation. These damages include future and past medical expenses loss of wages, permanent disability and disfigurement. FELA (Federal Employers' Liability Act) is a federal law protecting railroad workers. It provides monetary compensation for pain and suffering that are not available under the state workers' compensation laws. Prompt Reporting Having an injury claim go unreported can make a big difference in the employee's ability to receive medical treatment. NCCI research shows that the longer an employee's injury is not reported, the higher chance it is that it will remain unpaid. The railroad has a responsibility to ensure that its employees are in the safety of their workplace and that all of its equipment and tools are employed in a safe manner. The railroad has the right to claim damages against an employee for breaching this duty. Railroad safety regulations require railroad employees to report any injuries they suffer. It can be difficult for injured workers to report injuries. In these cases it is essential that the employee notify the employer of the injury as soon as possible and that he or she seek legal advice from an attorney. Railroads must ensure that employees are safe at work and provide prompt and effective medical attention. The prompt treatment of medical issues can prevent injuries from becoming more serious and more expensive to treat. In addition under FELA railroads are also obliged to pay for the cost of medical treatment offered to employees who are injured on the job. This includes transportation to and from doctor's offices, prescription medication , and treatment for any resulting mental or physical conditions. The railroad must keep an eye on these records in addition to any other evidence it collects during the investigation or treatment of the claim. Failure to follow the railroad's rules could lead to severe discipline, including dismissal from employment. 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. Rossi Vucinovich, PC is available to assist you if have been a whistleblower who is being targeted for retaliation. Our experienced attorneys can help combat railroad retaliation. Railroads must provide the necessary time to report any accident or incident involving an employee 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 to fail to report these incidents. FELA In the United States, railroad workers are protected under the Federal Employers' Liability Act (FELA). This law was enacted to protect workers from injuries or deaths by shifting the financial burden away from individual employees and onto railroads. FELA defines the legal obligations that railroads must comply with, including providing safe working environments and adequately training employees, inspecting for hazards and enforcing safety regulations. A railroad company that fails to adhere to these rules is considered to be negligent and could be sued for negligence under the FELA. While FELA is a great tool for protecting injured workers, it comes with its own set of issues. First, the injured worker must prove that the railroad was negligent and that their negligence caused their injury. This is typically much easier to do in an FELA case as opposed to a traditional personal injury lawsuit. Second, a railroad worker must demonstrate that their employer has violated an act of the federal or state legislature or safety regulation. If Accident Injury Lawyers breaks any of these laws, the employee can easily show that it caused their injury and therefore is liable under FELA. In the end, a railroad worker must prove that the injury they sustained was permanent. This is important because an injury that is permanent is usually of greater value than one that is not. Many workplace accidents can also cause long-term injuries including broken bones, joint sprains, lacerations, and even lacerations. Repetitive motion injuries, like carpal tunnel syndrome or tendinitis, can also aggravate or worsen existing medical conditions. It is important to consult an experienced FELA attorney if you have a an extensive, costly and possibly expensive claim against railroad. A typical personal injury attorney who is not specialized in this field will be overwhelmed by the expertise and resources that railroads are prepared to put behind the case. Comparative Negligence One of the most crucial issues in the field of railroad injury litigation is how to determine who was responsible for the accident. It can be difficult to apportion blame in certain cases but with the aid of comparative negligence, the parties are able to work together to a fair conclusion that benefits both. Comparative negligence allows for participants in car accidents to share liability in proportion to the amount they contributed to the incident. This allows for a more precise calculation of damages in the case of pile-ups or multi-car collisions. A driver who fails to be aware of traffic rules, such as a stop sign, may be held responsible for the incident under a comparative negligence rule. This is particularly useful in railroad injury litigation in which the failure of the company to maintain or repair its equipment can be considered as a contributing factor to the worker's injuries. There are three kinds of comparative negligence in the United States, including pure as well as modified and contributory. Although all three of them apply in some way, the most popular is the modified approach. A modified comparative negligence system allows an injured party to recover the amount they owe, provided that their share of blame is not more than 50% or is greater than that of another defendant or group. In most states however, this rule only applies to personal injury and wrongful death claims. This system is based on a concept of negligence and takes into account the four elements of negligence that include duty of care, breach of duty of care, causation and damages. It is crucial for an experienced lawyer to prove these factors in order to obtain a favorable settlement for the plaintiff. In contrast to contributory liability, which is only recognized in five states Pure negligence by comparison is the law of the majority of states. This allows an injured party to recover even if they are determined to be 99% at fault. This is referred to as pure comparative negligence in New York. Only thirteen other states have it. Damages If a railway worker is injured while on the job, they are entitled to compensation. Federal Employers Liability (FELA) is the law which governs the rights of workers. An employee must prove that their employer was negligent in FELA cases. If this is the situation, the employee may be awarded compensation for medical expenses as well as lost wages and other damages. In contrast to state workers' compensation systems that rely on damage caps to restrict the amount an employee is entitled to, FELA allows injured workers to be compensated for all losses that are not economic. This includes pain, suffering and enjoyment loss emotional distress, disability and other losses. The nature of the accident or death will determine the amount of damages a railroad worker could pursue. For instance when a train driver dies in an accident that occurs on the tracks, the family of the deceased may be sued for wrongful deaths and damages for loss of companionship and financial support. In addition, if a train driver died because of negligence on the part of an other party, then the person who caused the accident can be held accountable for the death the train driver. This could be a car owner or operator as well as pedestrians or even family members of the driver. Additionally, if a railroad worker was injured while fixing the track or a train itself, the employer could be responsible for the injuries. The employer could also be liable if a worker was under the influence of alcohol or drugs at the time of the accident which could result in higher risk of injury. There are also specific federal laws that apply to railroad safety, like the Boiler Inspection Act and the Railroad Safety Act. These laws set standards for the safety of trains and rail cars. For example The Railroad Safety Act requires that railroads examine their trains to make sure that they are working in a safe manner and conforming to their specifications. This is done to ensure that the public's safety and well-being isn't at risk while a train is traveling on tracks.