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Railroad Injuries Litigation You may be entitled to compensation if you or a loved one were injured during a train crash. These damages could include future and past medical expenses as well as lost wages, permanent disability, disfigurement and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides monetary compensation for the suffering of a worker which are not provided under the state laws governing workers' compensation. Prompt Reporting Having an injury claim go unreported could make a significant difference in the employee's ability to receive medical treatment. NCCI research has proven that the longer an injury remains not reported, the greater the probability that a claim could remain open and unpaid. The railroad has a responsibility to ensure that its employees are in the safety of their workplace and that all of its tools and equipment is employed in a safe manner. If it violates this duty and the employee is not satisfied, they can sue the railroad to recover damages. Most railroads have safety standards that require employees to report any accident-related injuries. It isn't always easy for injured workers to report injuries. It is essential that the employee immediately report the injury to the employer and seeks legal advice from an attorney. In addition to a railroad's obligation to ensure that employees have a safe and secure working environment, railroads are also required to provide quick and efficient medical treatment. Accidents can be prevented from becoming more serious and costly through prompt medical care. Railroads are also required by FELA to cover all medical expenses that employees receive working. This includes transportation to and from the doctor's appointment as well as prescription medications and treatment for any resulting physical and mental illnesses. The railroad must keep track of these records, as well as any other evidence it gathers during the investigation and treatment of a claim. Infractions to railroad rules could result in severe punishment including termination from employment. Another federal law protecting railroad workers is the Federal Railroad Safety Act. It is illegal for railroads to take negative actions against railroad workers who engage in “protected activities,” which includes whistleblowing. Rossi Vucinovich, PC is available to assist you if have been a whistleblower, and are being targeted for retaliation. Our knowledgeable attorneys can help combat railroad retaliation. A railroad must give a reasonable amount of time to report any accident or incident that involves an employee to the FRA (National Transportation Safety Board) (NTSB). While railroads are generally diligent 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). The law was passed to protect workers from injuries or deaths by shifting the burden of economic responsibility off of individual employees and onto railroads. FELA defines the legal obligations that all railroads have to fulfill, such as providing safe working environments as well as adequately training employees, inspecting for hazards, and enforcing safety rules. Railroad companies that fail to comply with these standards is considered to be negligent and sued for negligence under the FELA. While FELA is a great tool to protect injured workers, it does come with its own set challenges. First, the injured worker must prove that the railroad was negligent and that their actions caused their injury. This is usually simpler to prove in an FELA case than in a traditional personal injury claim. A railroad worker must show that their employer violated any safety rules or statutes of the federal or state. If a railroad breaks any of these laws, an employee can easily show that it caused injury, and thus is liable under FELA. Additionally, a worker on the railroad must prove that the injury they sustained was permanent. This is crucial since an injury that is permanent can be more valuable than one that isn't. Additionally, many kinds of workplace accidents can cause serious long-term harm, including fractures, such as bones, pulled muscles, lacerations and joint sprains. Additionally repetitive motion injuries like carpal tunnel syndrome and tendinitis can make it more difficult or worsen existing medical ailments. It is imperative to speak with an experienced FELA attorney if you are facing a complicated, expensive and possibly costly claim against railroad. A typical personal injury lawyer is not able to deal with the huge amount of expertise and resources railroads have. Comparative Negligence One of the biggest issues in railroad injury litigation is to determine who is responsible for an accident. It can be difficult to determine the cause in certain cases, but with the help of comparative negligence the parties can work together to an accurate result which will benefit both. Comparative negligence permits those involved in car accidents to share the blame depending on their contribution to the accident. This allows you to determine damages in the event of multi-car collisions and pile-up accidents. A driver who fails to pay attention to traffic signs, such as the stop sign, could be held accountable for the accident under a rule of comparative negligence. This is particularly important when it comes to railroad injury lawsuits when the inability of a company to maintain or repair its equipment may be considered as a contributing factor to the worker's injuries. There are three types of comparative negligence in the United States, including pure or modified, and contributory. All three can be applied in a different way however the most prevalent is the modified one. Under the modified comparative negligence system that applies to injured parties, they can get compensation for their losses as long as their percentage of blame does not exceed 50% or exceeds the responsibility of another defendant or group of defendants. This rule is not applicable to personal injury claims in a majority of states. This system is based on a concept of negligence. It examines the four fundamental elements of negligence which are duty of care breach of duty of care, causation, and damages. An experienced attorney must demonstrate these elements to obtain a favorable result for the plaintiff. Contrary to contributory negligence which is only recognized in five states and the District of Columbia, pure negligence in a comparative manner is the law in the majority of states. This allows an injured person to claim compensation even if they are found to be 99% responsible. It is known as pure negligence by comparison in New York. Only thirteen other states have it. Damages If a railroad employee is injured while on the job, they are entitled to compensation. The law governing workers' rights is referred to 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. In contrast to state workers' compensation systems that rely on damage caps to restrict the amount an employee is entitled to, FELA allows injured workers to be compensated for all non-economic losses. This includes the suffering and pain as well as 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 instance in the event that a train operator dies in an accident on tracks, the family of the deceased may seek compensation for the wrongful death of the deceased and damages for loss of companionship and financial support. If the train driver dies due to the negligence of a third party the person who was responsible could be held accountable for the death. This could include a car operator or owner as well as pedestrians or even the family members of the driver. Furthermore, if a railway worker was injured while repairing a train or the track itself, then the employer may be liable for the injury. 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 higher risk of injury. Federal laws that regulate safety of railroads include the Boiler Inspection Act, and the Railroad Safety Act. These acts set standards for the safe operation of trains and rail cars. Railroad Safety Act, for instance requires railroads inspect their trains to ensure that they operate safely and in accordance to their specifications. This is done to ensure that the safety of the public and well-being are not compromised when a train travels on the tracks.