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Railroad Injuries LitigationIf you or someone close to you was injured in a train accident and you were injured, you may be entitled to compensation. These damages can cover past and future medical expenses and lost wages permanent disability, disfigurement, and lost wages.FELA (Federal Employers’ Liability Act) is a federal law that safeguards railroad workers. It allows for monetary payouts for suffering and pain that are not permitted under the state laws governing workers’ compensation.Prompt ReportingAn injury claim that is not reported can have a significant impact on the employee’s ability to receive medical treatment. NCCI research has proven that the longer an injury remains unreported, the greater risk that a claim will remain unpaid and open.The railroad is responsible to ensure that its employees have an area of work that is safe and that all of its tools and equipment is utilized in a safe manner. The railroad has the right to sue an employee for damages when it fails to comply with this obligation.Railroad safety regulations require railroad employees to report any injuries they suffer. It isn’t always easy for injured workers to report injuries. In these cases, it is imperative that the worker immediately notify the employer of the injury as soon as possible and that he or she seek legal advice from an attorney.In addition to a railroad’s obligation to ensure that their employees have a safe working environment railways are also required to provide prompt and effective medical care. Accidents can be avoided from becoming more costly and expensive by providing timely medical treatment.Furthermore under FELA, railroads are required to cover the cost of medical treatment provided to employees injured while on the job. This includes transportation to and from the doctor’s office as well as prescription medication and treatment for any physical or mental illnesses.These records as well as any other evidence that is gathered during an investigation or treatment of a claim should be kept by the railroad. Infractions to the railroad’s rules could lead to severe discipline and even dismissal from employment.Another federal law protecting railroad workers is the Federal Railroad Safety Act. In accordance with this law, it is illegal for railroads to take an adverse action against a railroad worker who engages in “protected activities,” which include whistleblowing.If you’ve been a whistleblower or are facing retaliation due to your actions, get in touch with Rossi Vucinovich PC right away. Our experienced attorneys can help fight railroad retaliation.A railroad must give an adequate amount of time to report any accident or other incident involving an employee to the FRA (National Transportation Safety Board) (NTSB). While railroads are generally diligent regarding reporting accidents and incidents but it is not uncommon that they fail to report them.FELAIn the United States, railroad workers are protected by the Federal Employers’ Liability Act (FELA). This law was enacted to protect workers from death and injuries by shifting the economic burden from individual workers to the railroads.FELA defines the legal obligations that railroads must be able to fulfill, including providing safe working environments as well as properly training employees, inspecting for dangers and enforcing safety guidelines. Failure to adhere to these requirements can lead to railroad companies being held liable for negligence.FELA is a powerful tool to protect injured workers however it also has its challenges. First, a worker has to demonstrate that the railroad was negligent and that their actions caused their injury. This is often easier in an FELA case than in a standard personal injury lawsuit.Second, a railroad employee must prove that their employer violated a federal or state statute or safety rule. If a railroad violates one of these laws can easily establish that it caused the injury and therefore is at fault under the FELA.Railroad workers must also be able to prove that their injury is permanent. This is important because an injury that is permanent is usually more valuable than one that isn’t.Additionally, many kinds of workplace accidents could cause serious long-term harm, including traumatic injuries such as broken bones or muscles, lacerations, pulled muscles and joint strains. Also, repetitive motion injuries such as carpal tunnel syndrome and tendinitis can aggravate or accelerate existing medical conditions.When you are dealing with an extensive, complicated and possibly costly claim against railroads, it’s essential to consult an experienced FELA attorney. A typical personal injury lawyer isn’t able to manage the massive amount of knowledge and resources available to railroads.Comparative NegligenceOne of the most significant issues in the field of railroad injury litigation is how to determine who was accountable for the accident. While it can be challenging to assign blame in certain circumstances, comparative negligence could assist parties in coming to an agreement that is beneficial to all parties.Comparative negligence is a legal process that permits the parties involved in a car accident to assign liability according to their contribution to the incident. This allows you to calculate damages in the event of multi-car collisions and pile-up accidents.A driver who fails to be aware of traffic rules, such as an intersection stop sign, can be held responsible for the incident under the comparative negligence rule. This is particularly important in the case of railroad injuries, where the failure of the company to properly maintain or repair its equipment may be considered to be an important factor in the worker’s injuries.Three types of comparative negligence exist in the United States: modified, pure, and contributory. Although all three of them apply in some way, the most prevalent is the modified approach.A modified comparative negligence system can allow an injured party to recover monetary damages, provided their percentage of fault is not greater than 50% or is greater than the percentage of a different defendant or group. In the majority of states the rule only applies to personal injury and wrongful deaths.This system is based on the theory of negligence and takes into account the four elements of negligence that include duty of care, breach of duty of care, causation, and damages. An experienced attorney must prove these elements in order to get a favorable outcome for the plaintiff.Pure comparative negligence is a law in most states, but not contributory negligence , which is only recognized by five states. Under this law, an injured party can be compensated even if they’re found to be 99% responsible. It is known as pure negligence by comparison in New York. Only thirteen other states utilize it.DamagesWhen a railroad worker is injured while on the job, they are entitled to compensation. The law that governs workers’ rights is called the Federal Employers Liability Act (FELA).railroad injury lawsuit 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.Unlike state workers’ comp systems that 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 suffering, pain and loss of enjoyment, emotional distress, disability and other losses.The nature of the accident or death will determine the amount of damages a railroad worker can seek. If a train driver dies in an accident on the tracks, family members can sue for damages resulting from wrongful deaths as well as for loss of companionship or support.Additionally, if the train driver was killed because of negligence by someone else, then the person who caused the accident could be held accountable for the death of the train driver. This could be a car owner or operator, a pedestrian, or even the family members of the driver.The employer could also be held accountable when a railway employee is injured while working on a track or train. The employer could also be liable if the worker was under the influence of alcohol or other drugs at the time of the accident which could have led to increased risk of injury.There are also specific federal laws that pertain to railroad safety, like 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 example requires railroads inspect their trains to ensure they are operating safely and in accordance with their specifications. This is done to ensure the safety and wellbeing of the public whenever trains travel on tracks.