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Railroad Injuries Litigation If you or a loved one was injured in a train collision you may be entitled to compensation. These damages can include the future and past medical costs as well as lost wages permanent disability, disfigurement and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It allows for monetary payouts for the suffering of a worker that are not permitted under the state laws governing workers' compensation. Prompt Reporting An injury claim that is not reported could have a significant impact on an employee's capacity to receive medical treatment. NCCI research has shown that the longer an employee's injury is not reported, the higher the chance that it'll remain unpaid. The railroad has a responsibility to ensure that its employees have an environment that is safe for work and that all of its tools and equipment is utilized in a safe manner. The railroad is able to claim damages against an employee when it fails to comply with this obligation. Railroad safety rules require railroad employees to report any injuries they suffer. It isn't easy for injured workers to report injuries. It is important that the worker immediately report the injury to the employer and seeks legal advice from an attorney. In addition, to a railroad's obligation to ensure that its employees are in a safe working space, railroads are also required to provide efficient and prompt medical treatment. Accidents can be prevented from becoming more costly and serious by providing medical attention promptly. In addition under FELA, railroads are required to cover the cost of medical treatment for employees who are injured while working. This includes transport to and from the doctor's offices, prescription medications and treatment for any physical or mental ailments. These records and any other evidence gathered during the investigation or treatment of a dispute must be maintained by the railroad. Failure to adhere to the railroad's rules could result in severe discipline, including dismissal from employment. Federal Railroad Safety Act is another important federal law that protects railroad workers. It is illegal for railroads to take negative actions against railroad employees who engage in “protected activity,” which includes whistleblowing. danville railroad crossing accident attorneys , PC is available to assist you if you have been a whistleblower who is being targeted for Retaliation. Our experienced lawyers will help you fight against railroad retaliation as well as pursue justice. A railroad must provide a reasonable amount of time to report any accident or incident that involves employees to the FRA (National Transportation Safety Board) (NTSB). While the majority of railroads are meticulous in reporting, it's not common for accidents or incidents to occur that aren't required to be reported. FELA Railroad employees in the United States are protected by the Federal Employers' Liability Act. The law was designed to protect workers from death and injuries by shifting the financial burden from individual employees to the railroads. FELA defines the legal obligations that all railroad companies must be able to fulfill, including creating safe workplaces by properly training employees, checking for hazards, and enforcing safety rules. Failure to comply with these requirements can lead to railroad companies being held liable for negligence. FELA is a powerful tool to safeguard injured workers, but it also has its challenges. First, a worker has to prove that the railroad was negligent and that their negligence caused their injury. This is often much easier to do in an FELA case as opposed to the traditional personal injury case. Second, a railroad employee must prove that their employer broke the law of the state or federal or safety rule. If a railroad violates one of these laws, the worker is able to prove that it caused injury and therefore is responsible under FELA. Railroad workers must be able to be able to prove that their injury is permanent. This is important as an injury which is permanent is typically more valuable than one that isn't. Moreover, many types of workplace accidents can cause serious long-term harm, including trauma-related injuries like broken bones as well as pulled muscles, lacerations and joint strains. Also, repetitive motion injuries such as tendinitis and carpal tunnel syndrome can aggravate or accelerate existing medical ailments. When you are dealing with an extensive, complicated and potentially costly claim against a railroad, it is essential to hire an skilled FELA attorney. A typical personal injury lawyer who is not specialized in this area will be overwhelmed by the expertise and resources that railroads have in place behind the case. Comparative Negligence One of the most important issues in the field of railroad injury litigation is to determine who was at fault for the accident. It may be difficult to determine who is at fault in certain instances however, with the help of comparative negligence parties, they can work together to a fair conclusion which will benefit both. Comparative negligence is a legal concept that permits parties involved in a car accident to allocate liability according to their contribution to the cause of the accident. This allows for a more precise calculation of damages in the event of pile-ups, multi-car collisions, or crashes. Drivers who fail or refuses to obey traffic rules like stop signs, could be held accountable under the law of comparative negligence. This can be particularly beneficial in cases involving railroad accidents in which the failure of a company to properly maintain or repair its equipment may be considered a contributing factor in the injuries suffered by the injured worker. Three types of comparative negligence exist in the United States: modified, pure, and contributory. All three can be applied in a different way however the most prevalent is the modified method. Under the modified comparative negligence system the injured party can be awarded monetary damages so in the event that their percentage of fault is not more than 50% or is greater than the fault of another defendant or group of defendants. In most states the rule is only applicable to personal injury and wrongful death claims. This system is based upon a theory of negligence and analyzes the four basic elements of negligence such as duty of care breach of duty of care, causation and damages. A knowledgeable attorney must prove these elements in order to get a favorable outcome for the plaintiff. Pure comparative negligence is a standard in all states, whereas the concept of contributory negligence, which is recognized by five states. This allows an injured person to claim compensation even if they're found to be 99% responsible. This is known as pure comparative negligence in New York, but only thirteen other states use it. Damages Railroad workers are entitled to compensation if injured while working. Federal Employers Liability (FELA) is the law which governs the rights of workers. An employee must show that the employer was negligent in FELA cases. If that is the situation, the employee may receive compensation for medical expenses or lost wages, as well as other damages. Contrary to state workers' compensation systems, which use damage caps to limit the amount an employee can receive, FELA allows injured workers to be compensated for all non-economic losses. This includes the loss of pain and suffering and loss of enjoyment life, emotional distress and disability. The damages that railroad workers can seek depend on the nature of the injury or death. If a train driver is killed in an accident on the tracks, the family can sue for damages resulting from wrongful deaths as well as for loss of companionship or support. If the train driver is killed through the negligence of another person the person who was responsible could be held responsible for the death. This could include the car owner driver, operator, pedestrian or even the family members of the driver. In addition, if a railway worker was hurt while repairing the track or a train itself, then the employer could be held accountable for the injury. The employer could also be responsible if the worker was under the influence of alcohol or other drugs at the time of the accident, which could lead to more risk of injury. Federal laws that regulate safety for railroads include the Boiler Inspection Act, and the Railroad Safety Act. These laws set the standards of safety for trains and rail cars. Railroad Safety Act, for instance requires railroads inspect their trains in order to ensure they are operating in a safe manner and in accordance to their specifications. This is to ensure that the public's safety and well-being isn't at risk when a train is on tracks.