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Railroad Injuries Litigation If you or someone close to you was injured in a train crash and you were injured, you may be entitled to compensation. These damages include past and future medical expenses as well as lost wages, permanent disability and disfigurement. Federal law FELA (Federal Employers' Liability Act), protects railroad workers. It provides financial compensation for the pain and suffering that is not covered by state workers' compensation laws. Prompt Reporting An injury claim that isn't disclosed can have a major impact on the employee's ability to receive medical treatment. NCCI research has shown that the longer an injury remains unreported, the higher the probability that a claim could remain unpaid and open. Railroads have a responsibility to ensure their employees have safe places to work and that their tools and equipment are safe used. The railroad can claim damages against an employee when it fails to comply with this obligation. The majority of railroads have safety regulations that require employees to report any accidents that cause injuries. It can be difficult for injured workers to report injuries. It is essential that an employee immediately disclose the injury to the employer and seeks legal advice from an attorney. Railroads must ensure that workers are safe at work and offer prompt and efficient medical treatment. Medical treatment that is timely can stop injuries from becoming serious and costly to treat. champaign railroad crossing accident attorneys are also required by FELA to pay for all medical services that employees receive working. This includes transportation to and from the doctor's office, prescription medication and treatment for any resulting mental or physical ailments. The railroad must keep all of these records, as well as any other evidence it gathers during the investigation and treatment of an claim. Infractions to the railroad's rules could result in severe discipline and even dismissal from employment. Federal Railroad Safety Act is another important federal law that safeguards railroad workers. According to this law, it is illegal for railroads to take an adverse action against a railway worker who engages in “protected activities,” which include whistleblowing. Rossi Vucinovich, PC is available to assist you if you have been a whistleblower and you are being subject to Retaliation. Our experienced attorneys can help combat railroad retaliation. A railroad must give an adequate amount of time to report any accident or incident that involves employees to the FRA (National Transportation Safety Board) (NTSB). While railroads are generally diligent about reporting incidents and accidents, it is not uncommon for them to fail to report these incidents. FELA In the United States, railroad workers are protected by the Federal Employers' Liability Act (FELA). This law was passed to protect workers from deaths and injuries by shifting the financial burden from individual employees to the railroads. The FELA provides the legal requirements that railroads have to meet, including providing safe work environments, properly training employees while also assessing 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 does come with its own set-of challenges. First, the injured worker must demonstrate that the railroad was negligent and that their negligence caused their injury. This is usually much simpler in an FELA case as opposed to the traditional personal injury case. Second, a railroad employee must demonstrate that their employer has violated the law of the state or federal or safety regulation. A railroad violating any of these laws could easily prove that it caused the injury and therefore is at fault under the FELA. Finally, a railroad worker must prove that their injury was permanent. This is vital because an injury that is permanent is typically of greater value than one that isn't. Many workplace accidents can also cause long-term injuries, like broken bones, lacerations, joint sprains, and even lacerations. Additionally, repetitive motion injuries such as carpal tunnel syndrome and tendinitis can make it more difficult or worsen existing medical conditions. It is crucial to consult an experienced FELA attorney when you have a an intricate, costly and potentially expensive claim against railroad. An average personal injury lawyer will not be able to deal with the huge amount of knowledge and resources that railroads have. Comparative Negligence One of the most significant issues in railroad injury litigation is how to determine who was at fault for an accident. It may be difficult to determine the cause in some instances, but with the help of comparative negligence, the parties can work together to come to a correct conclusion which will benefit both. Comparative negligence is a legal concept that allows parties involved in a car crash to apportion liability in proportion of their contributions to the causes of the accident. This allows you to calculate damages in the case of multi-car collisions or pile-up collisions. Drivers who fail or refuses to obey traffic signals like stop signs, may be held liable under a common negligence rule. This is particularly important in the case of railroad injuries when the inability of the company to properly maintain or repair its equipment could be considered to be an element that contributed to the worker's injuries. Three types of comparative negligence are available in the United States: modified, pure, and contributory. All three are applicable in a certain way however the most popular is the modified method. A modified comparative negligence system can allow an injured party to claim compensation in the form of money, provided the percentage of fault is not more than 50% or exceeds the percentage of a different defendant or group. In many states however, this rule only applies to personal injuries and wrongful death claims. This system is based upon a concept of negligence that examines the four elements of negligence: breach of duty breach, breach of duty, duty of care and causation. An experienced attorney must prove these elements to get a favorable outcome for the plaintiff. Pure comparative negligence is the law in the majority of states, but not contributory negligence which is only recognized by five states. This allows an injured person to claim compensation even if they are determined to be 99% at fault. It is called pure comparative negligence in New York, but only thirteen other states use it. Damages If a railroad employee is injured on the job they are entitled to compensation. The law governing workers' rights is called the Federal Employers Liability Act (FELA). In FELA cases, employees 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. Contrary 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 losses that are not economic. This includes suffering, pain and enjoyment loss, emotional distress, disability and other losses. The nature of the injury or death will determine the damages a railroad worker can sue for. For example, if a train driver dies in an accident on tracks, the family members of the deceased can claim wrongful death and damages for loss of companionship and financial support. In addition, if a train driver died because of carelessness on the part another party, then that person who caused the accident can be held accountable for the death of the train driver. This could include a vehicle owner or operator or pedestrian or even the driver's family members. The employer may also be responsible for a railway worker who is injured while working on a train or track. The employer may also be liable if a worker was under the influence of alcohol or other drugs at the time of the incident which could have led 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 in order to ensure they are operating safely and in accordance with their specifications. This is done to ensure that the safety of the public and welfare is not endangered when a train is on tracks.