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Railroad Injuries Litigation You may be entitled to compensation in the event that you or a loved one were injured in a train accident. These damages can include the future and past medical costs as well as lost earnings, permanent disability, disfigurement, and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides monetary compensation for injuries and pain that are not covered by state laws on workers' compensation. Prompt Reporting An injury claim that is not disclosed can have a major impact on an employee's ability receive medical treatment. NCCI research shows that the longer an injury is not reported, the higher the chance that it'll remain unpaid. Railroads are required to ensure their employees have safe workplaces and that all their equipment and tools are safely employed. The railroad may be sued by 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. In these instances, it is imperative that the worker immediately notify the injured party as soon as they can and that he or she seek legal advice from an attorney. Railroads must ensure that workers are safe at work and provide prompt and effective medical attention. A prompt medical treatment can help prevent injuries from becoming more serious and more costly to treat. Railroads are also required by FELA to pay for all medical care employees receive while on the job. This includes transportation to and from the doctor's offices, prescription medication and treatment for any physical or mental conditions. These records, along with any other evidence gathered during an investigation or treatment of a claim should be kept by the railroad. Infractions to railroad rules could result in severe disciplinary action including termination from employment. Federal Railroad Safety Act is another important federal law that safeguards railroad workers. Under this act, it is illegal for railroads to take an adverse action against a railroad worker who engages in “protected activities,” which include whistleblowing. Rossi Vucinovich, PC is available to assist you if you have been a whistleblower and you are being subject to reprisals. Our skilled lawyers will help you fight against railroad retaliation as well as pursue justice. Railroads must provide the necessary time to report any accident or other incident that involves an employee to the FRA (National Transportation Safety Board) (NTSB). Although most railroads are conscientious in reporting, it is not unusual for incidents or accidents to occur that are not required to be reported. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. The law was passed in order to prevent worker injury or death by shifting the burden of economic responsibility away from individual workers and onto the railroads. The FELA outlines the legal obligations that railroads must adhere to by providing safe working environments, properly training employees as well as examining for hazards and enforcing safety rules. A railroad company that fails to meet these requirements is considered to be negligent and could be held accountable in a lawsuit for negligence under the FELA. FELA is a powerful tool to protect injured workers , however it also has its own set of challenges. First, a worker has to prove that the railroad was negligent and that their actions caused their injury. This is usually easier to do in an FELA case than it would be in a traditional personal injury claim. The second requirement is that a railroad employee must demonstrate that their employer has violated a federal or state statute or safety rule. If railroad injury lawsuit breaks any of these laws, the worker can easily show that it caused their injury and therefore is responsible under FELA. Additionally, a worker on the railroad must prove that their injury is permanent. This is important because an injury that is permanent is typically more valuable than one that isn't. Furthermore, many types of workplace accidents can result in serious long-term harm, including trauma-related injuries like broken bones as well as pulled muscles, lacerations and joint strains. Repetitive motion injuries, such as carpal tunnel syndrome or tendinitis, can also aggravate or exacerbate existing medical conditions. It is important to consult an experienced FELA attorney when you have an extensive, costly and possibly expensive claim against railroad. An average personal injury lawyer isn't able to deal with the huge amount of knowledge and resources available to railroads. Comparative Negligence One of the most crucial issues in railroad injury litigation is how to determine who was at fault for the accident. Although it may be difficult to assign blame in some situations, comparative negligence may help the parties come to an agreement that benefits everyone. Comparative negligence permits those involved in car accidents to share responsibility in proportion to their part in the accident. This makes it easier for you to determine damages in the event of collisions involving multiple cars and pile-up accidents. A driver who fails to pay attention to traffic rules, such as the stop sign, could be held liable for the accident under a comparative negligence rule. This is especially useful in railroad injury litigation when the inability of a company to maintain or repair its equipment could be considered as an important factor in the worker's injuries. There are three different kinds of comparative negligence in the United States, including pure or modified, as well as contributory. While all three are applicable in some way, the most prevalent is the modified version. Under the modified comparative negligence system the injured party can get compensation for their losses as long as their percentage of blame does not exceed 50% or is greater than the responsibility of another defendant or group of defendants. In most states this rule only applies to personal injury claims and wrongful death claims. This system is based on a theory of negligence and takes into account the four elements of negligence that include duty of care, breach of duty of care, causation, and damages. A skilled attorney must prove these elements to achieve a favorable outcome for the plaintiff. Unlike contributory negligence, which is only recognized in five states and the District of Columbia, pure negligence by comparison is the law in all states. Under this rule, an injured party can get compensation even if found 99% at fault. It's known as pure comparative negligence in New York, but only thirteen other states utilize it. Damages When a railroad worker is injured while on the job, they are entitled to compensation. Federal Employers Liability (FELA) is the law that regulates the rights of workers. In FELA cases, an employee must be able to demonstrate that the employer was negligent. If this is the case, the employee could receive compensation for medical expenses, lost wages and other damages. As opposed to state-run workers' compensation systems that use 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 the loss of pain and suffering as well as loss of enjoyment of life, emotional distress, and disability. The damages that railroad workers can claim depend on the nature of the injury or death. For instance, if a train driver dies in an accident on the tracks, the family members of the deceased may claim wrongful death and damages for loss of companionship and support. If the train driver dies because of the negligence of someone else the person who was responsible could be held accountable for the death. This could include the car's owner, operator, pedestrian, or even the family members of the driver. The employer could also be liable if a railway worker is injured while working on a track or train. Employers could also be held accountable for injuries sustained by workers who were under the influence of alcohol or drugs at the time that the accident occurred. Federal laws that regulate safety for railroads include the Boiler Inspection Act, and the Railroad Safety Act. These laws establish the standards of safety for trains and rail cars. For example For instance, the Railroad Safety Act requires that railroads inspect their trains in order to make sure that they are working safely and in accordance with their specifications. This is done to ensure the safety and wellbeing of the public whenever trains travel on tracks.