Railroad Injuries Litigation
You may be entitled to compensation if you or a loved one was injured in a train collision. The damages may include past and future medical expenses as well as lost wages, permanent disability, disfigurement and lost wages.
FELA (Federal Employers' Liability Act) is a federal law protecting railroad workers. It allows for monetary payouts for the suffering of a worker that are not permitted under the state workers' compensation laws.
Prompt Reporting
The fact that an injury claim is unreported can make an enormous difference in an employee's ability to receive medical treatment. NCCI research shows that the longer an employee's injury is not reported, the greater the chance that it will remain unpaid.
Railroads have a responsibility to ensure that their employees are provided with safe places to work and that all their equipment and tools are safely used. The railroad may be sued by an employee for damages if it violates this duty.
Railroad safety regulations require railroad employees to report any injuries they suffer. It isn't easy for injured workers to report injuries. In these cases it is crucial that the worker notify the injured party immediately and seek
legal advice from an attorney.
In addition to the obligation to ensure that its employees are safe in their workplace, railroads are also required to provide prompt and effective medical treatment. Accidents can be avoided from becoming more serious and costly through prompt medical care.
Furthermore, under FELA railroads are required to pay for the cost of medical care provided to employees injured while on the job. This includes transportation to and from the doctor's office , as well as prescription medications and treatment for any resulting physical and mental ailments.
These records, along with any other evidence gathered during an investigation or the treatment of a dispute must be maintained by the railroad. Infractions to the railroad's rules can result in serious disciplinary action which could include the removal from employment.
Another federal law that protects railroad employees is the Federal Railroad Safety Act. According to this law, it is illegal for a railroad to take adverse action against a railway worker who is engaged in "protected activities," which include whistleblowing.
If you have been a whistleblower or being retaliated against for your actions, contact Rossi Vucinovich PC right away. Our experienced attorneys can help you fight back against railroad retaliation and seek justice.
Generally, a railroad is required to provide an appropriate time to report any accident or incident involving an employee to the FRA or National Transportation Safety Board (NTSB). Although the majority of railroads are diligent in reporting, it is not unusual for incidents or accidents to occur that aren't required to be reported.
FELA
In the United States, railroad workers are protected under the Federal Employers' Liability Act (FELA). This law was passed to protect workers from deaths and injuries by shifting the financial burden of individual employees onto the railroads.
FELA sets out legal duties that all railroads must meet, including providing safe workplaces and properly training employees, inspecting for hazards and enforcing safety guidelines. A railroad company that fails to adhere to these rules is deemed negligent and could be held accountable in a lawsuit for negligence under the FELA.
While FELA is a useful tool to protect injured workers, it does come 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 lawsuit.
A railroad employee must demonstrate that their employer has violated any safety regulations or statutes in the state or federal. If a
railroad injuries lawsuit violates one of these laws, the worker is able to prove that it caused their injury and therefore is liable under FELA.
Railroad workers must be able to demonstrate that their injury is permanent. This is vital because an injury that is permanent is usually of greater value than one that isn't.
Furthermore, many types of workplace accidents can cause permanent damage that lasts for a long time, including traumatic injuries such as broken bones and muscles, pulled muscles, lacerations and joint strains. Also, repetitive motion injuries like tendinitis and carpal tunnel syndrome can worsen or aggravate existing medical conditions.
It is essential to speak with an experienced FELA attorney if you are facing a an extensive, costly and possibly expensive claim against railroad. A typical personal injury attorney who does not specialize in this field will be overwhelmed by the amount of resources and expertise that railroads are prepared to put behind an action.
Comparative Negligence
One of the biggest issues in the field of railroad injury litigation is how to determine who is responsible for an accident. It can be difficult to assign blame in certain cases, but with the help of comparative negligence both parties are able to work together to a fair conclusion which will benefit both.
Comparative negligence is a legal procedure that permits parties involved in a car crash to assign liability according to their contribution to the cause of the accident. This makes it easier for you to calculate the damages in the event of multi-car collisions and pile-up accidents.
Drivers who fail or fails to obey traffic signs such as stop signs, may be held liable under a comparative negligence rule. This is particularly useful in railroad injury litigation, where the failure of the company to properly maintain or repair its equipment could be considered to be an important factor in the worker's injuries.
There are three kinds of comparative negligence in the United States, including pure as well as modified and contributory. While all three apply in some manner, the most commonly used is the modified approach.
Under the modified comparative negligence system that applies to injured parties, they can get compensation for their losses as in the event that their percentage of blame does not exceed 50% or is greater than the fault of a different defendant or group of defendants. In many states the rule only applies to personal injuries and wrongful death claims.
This system is based upon a concept of negligence that examines the four components of negligence: duty breach, breach, duty care, and causation. A knowledgeable attorney must prove these elements to achieve a favorable outcome for the plaintiff.
Pure comparative negligence is a law in the majority of states, whereas contributory negligence which is only recognized by five states. This rule allows an injured party to recover even if they are determined to be 99% responsible. This is referred to as pure comparative negligence in New York. Only thirteen other states have it.
Damages
Railroad workers are entitled to compensation if injured on the job. The law governing workers' rights is referred to as the Federal Employers Liability Act (FELA).
In FELA cases, employees must prove that the employer was negligent. If this is the situation, the employee could be entitled to compensation for medical expenses, lost earnings and other damages.
In contrast to state workers' compensation systems that use damage caps to limit the amount an employee can receive, FELA allows injured workers to receive compensation for all non-economic losses. This includes the cost of suffering, loss of enjoyment of life, emotional distress, and disability.
The nature of the accident or death will determine the damages that a railroad worker can pursue.