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Railroad Injuries Litigation You may be entitled to compensation in the event that you or a loved one were injured during a train crash. These damages can include the future and past medical expenses and lost wages, as well as permanent disability and disfigurement. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It allows monetary payouts for pain and suffering that are not available under the state laws governing workers' compensation. Prompt Reporting Having an injury claim go unreported can make a big difference in an employee's ability to receive medical treatment. NCCI research has shown that the longer an injury is not reported, the higher the likelihood that it will remain unpaid. Railroads are required to ensure that their employees have safe workplaces and that all of their equipment and tools are safely used. The railroad can pursue an employee for damages for breaching this duty. Railroad safety regulations require railroad employees to report any injuries they suffer. However, it's usually difficult to convince an injured worker to do so. It is imperative that an employee immediately disclose the injury to the employer and seeks legal advice from an attorney. Railroads must ensure that employees are safe at work and provide prompt and efficient medical treatment. Accidents can be avoided from becoming more expensive and severe through prompt medical care. Additionally under FELA railroads are also required to cover the cost of medical treatment provided to an employee who is injured while working. This includes transportation to and from doctor's offices, prescription medication and treatment for any physical or mental conditions. The railroad must keep all of these records, as well as any other evidence it collects during the investigation or treatment of a claim. Infractions to the railroad's rules could result in severe punishment including termination from employment. Federal Railroad Safety Act is another important federal law that safeguards railroad workers. In accordance with this law, it is unlawful for railroads to take adverse action against a railroad employee who engages in “protected activities,” which include whistleblowing. Rossi Vucinovich, PC is available to assist you if have been a whistleblower who is being targeted for Retaliation. Our knowledgeable attorneys can assist you in fighting against railroad retaliation and seek justice. Generally, a railroad is required to provide a reasonable time to report any accident or other incident involving employees to the FRA or National Transportation Safety Board (NTSB). While railroads are generally diligent regarding reporting accidents and incidents but it is not uncommon for them to not report these incidents. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. This law was established to protect workers from injury or death by shifting the economic burden off of individual employees and onto railroads. FELA sets out legal duties that all railroads have to comply with, including providing safe work environments and adequately training employees, inspecting for hazards and enforcing safety standards. Failure to meet these regulations could result in railroad companies being held liable for negligence. While FELA is a great tool to protect injured workers, it comes with its own set of challenges. First, the railroad must be proven negligent by the worker. This is typically easier in an FELA case than in a traditional personal injury claim. A railroad worker must prove that their employer violated an act of the federal or state legislature or safety rule. A railroad that has violated any of these laws could easily prove that it caused injury and is therefore responsible under the FELA. A railroad worker must be able to prove that their injury was permanent. This is vital because an injury that is permanent is typically more valuable than one that is not. Many workplace accidents could cause long-term injuries, including broken bones, joint sprains, lacerations and even lacerations. Additionally, repetitive motion injuries like carpal tunnel syndrome and tendinitis can aggravate or accelerate existing medical ailments. It is imperative to speak with an experienced FELA attorney if you are facing a a complex, expensive and possibly costly claim against railroad. An average personal injury lawyer cannot handle the vast amount of expertise and resources railroads have. Comparative Negligence One of the biggest issues in railroad injury litigation is how to determine who was accountable for the accident. While it can be challenging to determine who is at fault in certain circumstances, comparative negligence could help the parties come to an agreement that benefits everyone. Comparative negligence permits the parties involved in car accidents to share responsibility in proportion to the amount they contributed to the accident. This allows you to calculate damages in the case of pile-ups and multi-car crashes. Drivers who fail to be aware of traffic rules, such as a stop sign, may be held accountable for the accident in a case of comparative negligence. This can be particularly useful in cases involving railroad accidents in which the failure of a company to maintain or repair its equipment could be considered to be a contributing factor to the injuries sustained by the injured worker. Three types of comparative negligence are available in the United States: modified, pure and contributory. All three are applicable in a certain way, but the most common is the modified approach. Under the modified system of comparative negligence the injured party can recover monetary damages as the percentage of blame is not more than 50% or exceeds the fault of a different defendant or group of defendants. In many states the rule only applies to personal injury claims and wrongful death claims. This system is based upon a concept of negligence that considers the four elements of negligence: breach of duty breach, breach of duty, duty of care and causation. It is vital for an experienced attorney to prove these elements in order to secure a favorable settlement for the plaintiff. In contrast to contributory liability, which is only recognized in five states and the District of Columbia, pure negligence in a comparative manner is the law of most states. This allows an injured person to claim compensation even if they are found to be 99% responsible. It is known as pure comparative negligence in New York. Only thirteen other states utilize it. Damages Railroad workers are entitled to compensation if injured on the job. The law that governs workers' rights is known as the Federal Employers Liability Act (FELA). An employee must show that the employer was negligent in FELA cases. If that is the case, the employee is entitled to get compensation for medical expenses or lost wages, as well as other damages. Unlike railroad injury attorneys ' comp systems that rely on damage caps to restrict the amount an employee is entitled to, FELA allows injured workers to receive compensation for all non-economic losses. This includes pain and suffering and loss of enjoyment life, emotional distress and disability. The nature of the injury or death will determine what damages a railroad worker can seek. For example when a train driver dies in an accident on tracks, the family members of the deceased may seek compensation for the wrongful death of the deceased and damages for the loss of companionship and financial support. In addition, if a train driver was killed due to inattention on the part of someone else, then the person who caused the accident may be held responsible for the death of the train driver. This could include the car's owner or operator, pedestrian or even the family members of the driver. Additionally, if a railway worker was injured while fixing the track or a train itself, then the employer could be held accountable for the injury. Employers may also be responsible for injuries suffered by workers who were under the influence of alcohol and drugs when the accident occurred. There are also specific federal laws which apply to railroad safety, for instance the Boiler Inspection Act and the Railroad Safety Act. These laws set standards for the safety of trains and rail cars. Railroad Safety Act, for instance requires railroads to check their trains to ensure they are operating in a safe manner and according to their specifications. This is done to ensure that the public's safety and well-being are not compromised when a train runs on tracks.