Railroad Injuries Litigation
If you or a loved one was injured in a rail accident you could be entitled to compensation. These damages can cover future and past medical expenses as well as lost earnings, permanent disability, disfigurement, and lost wages.
FELA (Federal Employers' Liability Act) is a federal law protecting railroad workers. It provides monetary compensation for injuries and suffering that are not permitted under state laws on 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 proven that the longer an injury is not reported, the greater the likelihood that a claim will remain open and unpaid.
Railroads have a responsibility to ensure that their employees have safe workplaces and that all of their tools and equipment is safe employed. If it is found to be in violation of this duty the employee may bring a lawsuit against the railroad for the damages incurred.
Railroad safety regulations require railroad employees to report any injuries they suffer. However, it's usually difficult to convince an injured worker to do this. In these situations, it is imperative that the employee notify the injured party immediately and that he or she seek legal advice from an attorney.
Railroads must ensure that employees are protected at work, and provide timely and effective medical care. Medical treatment that is timely can stop injuries from becoming more serious and more costly to treat.
Additionally, under FELA, railroads are required to cover the cost of all medical treatment offered to employees injured while working. This includes transportation to and from the doctor's office , as well as prescription medication and treatment for any physical or mental conditions.
The railroad must keep the records of these in addition to any other evidence it gathers in the course of investigating and the treatment of a claim. Failure to follow the railroad's rules could result in serious discipline which could include the removal from job.
Another federal law protecting railroad workers is the Federal Railroad Safety Act. It is unlawful for railroads to take negative actions against railroad employees who engage in "protected activities," which includes whistleblowing.
Rossi Vucinovich, PC is available to assist you if you have been a whistleblower who is being subject to Retaliation. Our experienced attorneys can help combat railroad retaliation.
In general, railroads must be given the opportunity to submit any accident or incident involving employees to the FRA or National Transportation Safety Board (NTSB). Although the majority of railroads are diligent in reporting, it's not uncommon for accidents or incidents 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 designed to protect workers from deaths and injuries by shifting the financial burden from the individual employee to the railroads.
The FELA outlines the legal obligations that railroads have to meet by providing safe working environments, properly training workers in the workplace, examining for hazards, and enforcing safety standards. Infractions to these requirements can lead to railroad companies being held accountable for negligence.
While FELA is a very effective tool for protecting injured workers, it comes with its own set of challenges. First, the railroad has to be proven negligent by the worker. This is usually much simpler in an FELA case than in an ordinary personal injury claim.
A railroad worker must prove that their employer broke the law of the state or federal or safety regulation. A railroad that has violated one of these laws can easily prove that it caused injury and is therefore at fault under the FELA.
A railroad worker must also be able to prove that their injury is permanent. This is vital because an injury that is permanent is usually of greater value than one that is not.
Many workplace accidents may cause long-term injuries like broken bones, joint sprains, lacerations, and even lacerations. Repetitive motion injuries, like tendinitis or carpal tunnel syndrome can also worsen or accelerate existing medical conditions.
It is important to consult an experienced FELA attorney if you have a an extensive, costly and potentially expensive claim against railroad. An average personal injury attorney will not be able to manage the massive amount of knowledge and resources that railroads have.
Comparative Negligence
In railroad injuries litigation one of the most important concerns is determining the person who was at fault in an accident. It may be difficult to assign blame in some instances however, 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 mechanism that permits the parties involved in a car accident to apportion liability in proportion to their contributions to the cause of the accident. This makes it easier to calculate damages in the case of pile-ups, multi-car collisions, or crashes.
Drivers who fail to be aware of traffic rules like an intersection stop sign, can be held responsible for the accident under the comparative negligence rule. This can be particularly useful in the case of railroad injuries in which the company's failure to properly maintain or repair its equipment may be considered a contributing factor to the injury suffered by the injured worker.
Three types of comparative negligence are available in the United States: modified, pure, and contributory. While all three are applicable in some way, the most prevalent is the modified method.
Under the modified system of comparative negligence the injured party can be awarded monetary damages so in the event that their percentage of fault does not exceed 50% or is greater than the responsibility of another defendant or group of defendants. This rule does not apply to personal injury claims in a majority of states.
This system is based on the theory of negligence, and it analyzes the four basic elements of negligence: duty of care, breach of duty of care, causation, and damages. A knowledgeable attorney must prove these elements to get a favorable outcome for the plaintiff.
Pure comparative negligence is a standard in all states, unlike the concept of contributory negligence, which is recognized by five states. This allows an injured party to claim compensation even if they are determined to be 99% responsible. It is called pure comparative negligence in New York, but only thirteen other states apply it.
Damages
Railroad workers are entitled to compensation if injured on the job. Federal Employers Liability (FELA) is the law that regulates the rights of workers.
An employee has to prove that the employer was negligent in FELA cases. If this is the case, the employee may be entitled to compensation for medical expenses, lost earnings and other damages.
Contrary to state workers' compensation systems that rely on damage caps to restrict the amount an employee can receive, FELA allows injured workers to be compensated for all non-economic losses. railroad injury includes pain, suffering and enjoyment loss emotional distress, disability, and other losses.
The damages that railroad workers may sue for 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 damages resulting from wrongful deaths as well as for loss of companionship or support.
If the train driver dies by negligence of another party the party responsible can be held accountable for the death. This could include the car's owner or operator, pedestrian or even the family members of the driver.
Additionally, if a railroad worker was hurt while repairing a train or the track itself, then the employer could be accountable for the injuries. The employer may also be responsible if the worker was under the influence of alcohol or other drugs at the time of the incident which could have led to the risk of injury being increased.
Federal laws that regulate safety for railroads include the Boiler Inspection Act, and the Railroad Safety Act. These laws establish standards for safety for trains and rail cars.
Railroad Safety Act, for instance, requires railroads to inspect their trains to make sure that 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.