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Railroad Injuries Litigation You could be entitled to compensation If you or a loved one were injured during a train crash. The damages may include past and future medical expenses in addition to lost wages permanent disability, disfigurement and lost wages. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides monetary compensation for pain and suffering that is not covered by state workers' compensation laws. Prompt Reporting The fact that an injury claim is unreported can make a huge difference in an employee's capacity to receive medical treatment. NCCI research has shown that the longer an employee's injury is not reported, the greater the likelihood that it will remain unpaid. The railroad has a duty to ensure that its employees are in an area of work that is safe and that all of its tools and equipment is employed in a safe manner. If it is found to be in violation of this duty the employee may sue the railroad for damages. Most railroads have safety standards that require employees to report any accident that causes injuries. It isn't always easy for injured workers to report injuries. It is crucial that the worker immediately report the injury to the employer and seek legal advice from an attorney. Railroads need to ensure that employees are safe at work and offer timely and effective medical care. A prompt medical treatment can help prevent injuries from becoming more serious and costly to treat. Railroads are also required by FELA to pay for all medical treatment employees receive while working. 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 and any other evidence gathered during an investigation or treatment of a dispute must be kept by the railroad. Failure to follow the railroad's rules could result in severe punishment which could include dismissal from the job. Federal Railroad Safety Act is another important federal law that safeguards railroad workers. According to this law, it is unlawful for a railroad to take a negative action against a railroad employee who engages in “protected activities,” which include whistleblowing. If you have been a whistleblower and are being subjected to retaliation for your actions, you should contact Rossi Vucinovich PC right away. Our experienced attorneys will help you fight against railroad retaliation, and pursue justice. In general, a railroad is required to provide an adequate time to notify 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 is 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 passed in order to prevent worker injury or death by shifting the burden of economic responsibility away from individual workers and onto the railroads. The FELA defines the legal obligations that railroads must adhere to in order to provide safe work areas, properly educating workers while also assessing for hazards and enforcing safety regulations. Failure to comply with these requirements can lead to railroad companies being held responsible for negligence. While FELA is a great tool for protecting injured workers, it does come with its own set challenges. First, the railroad must be proven negligent by the worker. This is often easier in an FELA case than in a standard personal injury claim. Railroad workers must also prove that their employer violated any safety regulations or laws of the state or federal. A railroad that violates one of these laws can easily prove that it caused injury and therefore is accountable under the FELA. In the end, a railroad worker must prove that the injury they sustained was permanent. This is vital because an injury that is permanent is generally more valuable than one that isn't. railroad injury lawyer va can also result in long-term injuries, like broken bones and joint sprains and lacerations and even lacerations. Also repetitive motion injuries like carpal tunnel syndrome and tendinitis can aggravate or accelerate existing medical conditions. If you're dealing with a an extensive, complicated and potentially expensive claim against railroads, it is important to work with an experienced FELA attorney. A typical personal injury attorney who is not specialized in this field will be overwhelmed by the expertise and resources that railroads are willing to put behind an action. Comparative Negligence In the field of railroad injury litigation one of the major concerns is determining who was responsible for an accident. Although it is difficult to determine who is at fault in certain circumstances, comparative negligence could assist parties in coming to an agreement that benefits everyone. Comparative negligence permits participants in car accidents to share the blame in proportion to the amount they contributed to the incident. This makes it easier to calculate damages in the case of multi-car collisions or pile-up collisions. Drivers who fail or refuses to obey traffic signs such as stop signs, can be held accountable under a common negligence rule. This is particularly relevant in cases involving railroad injuries in which the failure of the company to properly maintain or repair its equipment can be considered as a contributing factor to the worker's injuries. There are three kinds of comparative negligence in the United States, including pure or modified, and contributory. While all three apply in some way, the most prevalent is the modified version. A modified comparative negligence system allows an injured party to recover compensation in the form of money, provided their percentage of fault is not more than 50% or is greater than the percentage of another defendant or group. This rule does not apply to wrongful death and personal injury claims in many states. This system is based on the theory of negligence, and it examines the four fundamental elements of negligence which are duty of care breach of duty of care, causation and damages. A skilled attorney must prove these elements in order to obtain a favorable result for the plaintiff. Contrary to contributory negligence which is only recognized in five states pure negligence by comparison is the law of most states. Under this law it is possible for an injured party to claim compensation even if found to be 99% responsible. This is referred to as pure negligence by comparison in New York. Only thirteen other states use it. Damages If a railroad worker gets injured on the job, they are entitled to compensation. The law that governs workers' rights is referred to as the Federal Employers Liability Act (FELA). 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, which rely on damage caps to limit the amount of compensation an employee can claim, FELA allows an injured worker to be compensated for all economic and non-economic losses. This includes suffering, pain as well as loss of enjoyment emotional distress, disability and other losses. The damages that a railroad worker can pursue depend on the nature of the injury or death. For example, if a train driver dies in an accident that occurs on the tracks, the family members of the deceased may sue for wrongful death and damages for loss of companionship and financial support. Furthermore, if the train driver died because of inattention on the part of another party, then that person responsible for the accident is responsible for the death of the train driver. This could include the owner of the car or 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, the employer could be responsible for the injuries. The employer could also be liable if a worker was under the influence of alcohol or drugs at the time of the incident, 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 establish the standards of safety for trains and rail cars. Railroad Safety Act, for example requires railroads to check their trains to ensure they are operating safely and in accordance with their specifications. This is to ensure that the safety of the public and well-being isn't at risk while a train is traveling along the tracks.