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 past and future medical expenses and lost wages, permanent disability, disfigurement, and lost wages.
Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It permits monetary compensation for the suffering of a worker 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 the employee's ability to receive medical treatment. NCCI research has proven that the longer an injury is unreported, the higher the risk that a claim will remain open and unpaid.
The railroad has a duty to ensure that its employees are in an area of work that is safe and that all its equipment and tools are employed in a safe manner. The railroad can be sued by an employee for damages when it fails to comply with this obligation.
The majority of railroads have safety regulations that require employees to report any accident that causes injuries. However, it can be difficult to convince an injured worker to make this report. In these situations it is essential that the employee notify the injured party as soon as they can and seek legal advice from an attorney.
Railroads need to ensure that employees are safe at work and offer timely and effective medical care. Prompt medical treatment can prevent injuries from becoming more serious and more costly to treat.
Railroads are also required by FELA to pay for all medical services that an employee receives while on the job. This includes transportation to and from the doctor's office as well as prescription medication and treatment for any resulting physical and mental conditions.
These records as well as any other evidence that is gathered during an investigation or the treatment of a dispute must be maintained by the railroad. Failure to follow the railroad's rules could lead to severe discipline which could include dismissal from the job.
Another federal law which protects railroad workers is the Federal Railroad Safety Act. railroad injury lawyer is illegal for railroads to take negative action against railroad workers who engage in "protected activity," which includes whistleblowing.
Rossi Vucinovich, PC is available to assist you if have been a whistleblower and you are being targeted for retaliation. Our skilled attorneys can assist you to fight railroad retaliation.
In general, a railroad is required to provide an appropriate time to report any accident or incident involving employees to the FRA or the National Transportation Safety Board (NTSB). While the majority of railroads are meticulous in reporting, it's not unusual for incidents or accidents to occur that aren't required to be reported.
FELA
In the United States, railroad workers are protected by the Federal Employers' Liability Act (FELA). This law was enacted in order to prevent worker deaths or injuries by shifting the economic burden away from individual employees and onto the railroads.
The FELA provides the legal requirements that railroads have to meet by providing safe working environments, properly training workers while also assessing for hazards and enforcing safety regulations. A railroad company that fails to meet these requirements will be found negligent and can be sued for negligence under the FELA.
While FELA is a powerful tool for protecting injured workers, it does come with its own set-of challenges. First, the railroad must be found to be negligent by the worker. This is usually easier to prove in an FELA case than it would be in a traditional personal injury lawsuit.
A railroad employee must prove that their employer violated any safety rules or statutes of the state or federal. If a railroad violates any of these laws, an employee can easily prove that it caused injury, and thus is liable under FELA.
Additionally, a worker on the railroad must prove that their injury was irreparable. This is important because an injury which is permanent is typically more important than one that isn't.
Moreover, many types of workplace accidents could cause permanent damage that lasts for a long time, including trauma-related injuries like broken bones or muscles, lacerations, pulled muscles and joint strains. Additionally repetitive motion injuries such as tendinitis and carpal tunnel syndrome can aggravate or accelerate existing medical conditions.
It is imperative to speak with an experienced FELA attorney when you have an intricate, costly and possibly costly claim against railroad. A typical personal injury lawyer who isn't an expert in this field will be overwhelmed by the resources and expertise that railroads are prepared to put behind the case.
Comparative Negligence
One of the most crucial issues in railroad injury litigation is to determine who was responsible for the accident. It may be difficult to determine who is at fault in some cases but with the aid of comparative negligence, the parties can work together to come to a fair and accurate conclusion which will benefit both.
Comparative negligence allows for parties to car accidents to share responsibility in proportion to the amount they contributed to the accident. This helps in calculating damages in the case of multi-car collisions or pile-up collisions.
Drivers who fail to pay attention to traffic signs, such as a stop sign, may be held responsible for the incident under a comparative negligence rule. This is especially useful in the case of railroad injuries in which the failure of the company to maintain or repair its equipment may be considered to be a contributing factor to the worker's injuries.
Three types of comparative negligence are found in the United States: modified, pure and contributory. All three can be applied in a different way but the most commonly used is the modified one.
Under the modified system of comparative negligence, an injured party may recover monetary damages as long as their percentage of fault is not more than 50% or exceeds the responsibility of a defendant or group of defendants. This rule is not applicable to personal injury claims in many states.
This system is based upon a theory of negligence, and it takes into account the four elements of negligence which are duty of care breach of duty of care, causation, and damages. A skilled attorney must prove these elements to get a favorable outcome for the plaintiff.
Pure comparative negligence is a norm in the majority of states, but not the concept of contributory negligence, which is recognized by five states. Under this rule the injured party is able to claim compensation even if found to be 99% responsible. This is referred to as pure comparative negligence in New York. Only thirteen other states utilize it.
Damages
When a railroad worker is injured on the job they are entitled to compensation. Federal Employers Liability (FELA) is the law that governs workers' rights.
In FELA cases, an employee 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.
As opposed to state-run workers' compensation systems, which use damage caps to restrict the amount an employee can receive, FELA allows injured workers to be compensated for all non-economic losses. This includes pain and suffering, loss of enjoyment of life, emotional distress, and disability.
The damages that railroad workers may pursue depend on the nature of the injury or death. For example in the event that a train operator dies in an accident on tracks, the family members of the deceased may be sued for wrongful deaths and damages for the loss of companionship and support.
If the train driver is killed by negligence of another party, the person responsible can be held accountable for the death. This could include the car owner and operator, pedestrians, or even the family members of the driver.
The employer could also be responsible when a railway employee is injured while working on a track or train. Employers can also be held responsible for injuries sustained by workers 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 establish standards for the safety of rail cars and trains.
Railroad Safety Act, for instance requires railroads inspect their trains in order to ensure they operate safely and in accordance with their standards. This is done to ensure the safety and wellbeing of the public when trains travel on tracks.