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Railroad Injuries Litigation You may be eligible for compensation for you or your loved one was injured in a train collision. These damages can include the future and past medical costs as well as lost wages permanent disability, disfigurement and lost wages. FELA (Federal Employers' Liability Act) is a federal law that safeguards railroad workers. It provides monetary compensation for the suffering of a worker which are not provided under state laws on workers' compensation. Prompt Reporting Having an injury claim go unreported can make a huge difference in an employee's ability to receive medical treatment. NCCI research shows that the longer an injury is not reported, the greater chance it is that it will remain unpaid. Railroads are accountable to ensure that their employees are provided with safe working environments and that all their equipment and tools are safely used. The railroad may pursue an employee for damages for breaching this duty. Most railroads have safety rules that require employees to report any accident that causes injuries. It can be difficult for injured workers to report injuries. It is crucial that the worker immediately report the injury to the employer and seek legal advice from an attorney. In addition to a railroad's obligation to ensure that their employees have a safe and secure working environment railways are also required to provide timely and efficient medical care. Injury can be prevented from becoming more costly and expensive through prompt medical care. In addition under FELA railroads are required to pay the cost of all medical care provided to employees injured while on the job. This includes transportation to and from the doctor's office , as prescription medication and treatment for any resulting physical or mental conditions. The railroad must keep all of these records in addition to any other evidence that it gathers during the investigation and treatment of claims. Failure to adhere to the railroad's rules could result in severe punishment and even dismissal from employment. Another important federal law which protects railroad workers is the Federal Railroad Safety Act. It is illegal for railroads to take adverse actions against railroad employees who engage in “protected activity,” which includes whistleblowing. If you have been a whistleblower or are being targeted for retaliation because of your actions, get in touch with Rossi Vucinovich PC right away. Our knowledgeable attorneys will help you fight against railroad retaliation as well as pursue justice. In general, railroads 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 mindful about reporting incidents and accidents however, it is not uncommon for them to fail to report them. FELA In the United States, railroad workers are protected under the Federal Employers' Liability Act (FELA). This law was passed to prevent worker deaths and injuries by shifting the economic burden from the individual employee to railroads. The FELA defines the legal obligations that railroads must adhere to in order to provide safe work environments, properly training employees, inspecting for hazards and enforcing safety standards. Failure to adhere to these regulations can result in railroad companies being held responsible for negligence. While FELA is a great tool for protecting injured workers, it comes with its own set challenges. First, the railroad must be proven negligent by the worker. This is typically easier in an FELA case than in a typical personal injury claim. A railroad worker must demonstrate that their employer has violated any state or federal statute or safety regulation. If a railroad is found to have violated any of these laws, an employee can easily prove that it caused their injury and is therefore liable under FELA. Additionally, a worker on the railroad must prove that the injury they sustained was permanent. This is vital since an injury that is permanent is often more important than one that isn't. A lot of workplace accidents can cause long-term injuries, like broken bones and joint sprains, lacerations, and even lacerations. Repetitive motion injuries, like carpal tunnel syndrome or tendinitis can also cause or worsen existing medical conditions. It is important to consult an experienced FELA attorney when you have complicated, expensive and possibly expensive claim against railroad. An average personal injury attorney will not be able to manage the massive amount of expertise and resources available to railroads. Comparative Negligence One of the most crucial issues in railroad injury litigation is to determine who was accountable for an accident. It can be difficult to assign blame in certain instances but with the aid of comparative negligence, the parties are able to work together to a fair and accurate conclusion that benefits both. Comparative negligence is a legal process that allows parties involved in a car crash to assign liability according to their contribution to the causes of the crash. This makes it easier for you to determine the amount of damages in the event of collisions involving multiple cars and pile-up accidents. A driver who fails to be aware of traffic rules, such as a stop sign, may be held liable for the accident in a case of comparative negligence. This can be particularly beneficial in cases involving railroad injuries , in which the company's failure to maintain or repair its equipment may be considered to be a contributing factor to the injured worker's injuries. Three kinds of comparative negligence are found in the United States: modified, pure, and contributory. All three types of comparative negligence are applicable in some way, the most common is the modified approach. Under the modified system of comparative negligence, an injured party may be awarded monetary damages so the percentage of fault does not exceed 50% or exceeds the responsibility of a defendant or group of defendants. In most states the rule is only applicable to personal injury and wrongful deaths. The system is based on the concept of neglect and considers the four elements of negligence: breach of duty breach, breach, duty care and causation. An experienced attorney must demonstrate these elements in order to achieve a favorable verdict for the plaintiff. In contrast to contributory negligence, which is only recognized in five states, pure comparative negligence is the norm of most states. This rule allows an injured person to claim compensation even if they are found to be 99% responsible. 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 if injured while working. 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 this is the situation, the employee could be entitled to compensation for medical expenses, lost earnings and other damages. Contrary to 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 pain and suffering, loss of enjoyment of life, emotional distress and disability. The damages railroad workers can seek depend on the nature of the injury or death. If a train driver dies in an accident on the tracks and family members can sue for wrongful deaths and damages for loss of companionship or support. Furthermore, if the train driver was killed due to negligence by another party, then the person responsible for the accident could be held liable for the death of the train driver. This could include the car owner or operator, pedestrian or even the family members of the driver. Additionally, if a railway worker was injured while repairing the track or a train itself, then the employer could be responsible for the injuries. Employers may also be responsible for injuries sustained by employees who were under the influence of alcohol and drugs when the accident occurred. Federal laws that regulate safety of railroads include the Boiler Inspection Act, and the Railroad Safety Act. These laws set safety standards for trains and rail cars. For example, the Railroad Safety Act requires that railroads inspect their trains to be sure that they're operating safely and in compliance with their specifications. This is to ensure that the public's safety and well-being are not compromised when a train travels on tracks.