Railroad Injuries Attorneys
It is important that you consult an experienced railroad accident attorney immediately after being injured in a railroad accident. Failure to do so can stop you from obtaining compensation for your injuries.
Railroad workers are protected under the Federal Employers Liability Act (FELA). If railroads do not provide safe working conditions , or the proper equipment, injured workers can sue them directly.
FELA
Federal Employers' Liability Act, (FELA), is a law that is complex and protects railroad workers from the financial consequences of injuries. Workers can also sue their employers for damages even if they're not covered by workers compensation.
FELA is significant as it shifts responsibility for accidents that occur among railroad workers from railroad workers to the railroad companies. This makes railroads more accountable for providing an environment that is safe and providing their employees adequate safety education and supervision. This also allows railroad employees to recover more damages than they would be able to claim in the event of filing a standard workers' comp claim.
Under FELA the injured worker has the right to seek compensation from the railroad damages if they can prove that they were injured because of the railroad's negligence. However, the injured worker must satisfy a substantial burden of evidence. This is because FELA is a statute of comparative negligence.
This means that the railroad needs to prove that negligence by the railroad was a major factor that contributed to the worker's injuries. This is usually less difficult than the other types of personal injury claims.
In addition that, if a railroad did not adhere to any OSHA's workplace safety standards, which are outlined in the OSHA regulations the railroad will be responsible for compensation if an injured worker can prove it violated these laws. This makes proving the railroad's fault much easier, and can also provide the injured worker and his or her attorney a convincing case.
A railroad's negligence may cause injuries to a worker, which can result in medical bills and lost wages. Additionally, the worker may be awarded punitive damages in specific circumstances.
A FELA case can be a bit complicated and it is best to hire a lawyer with experience in handling FELA cases. These attorneys are experts in railroad operations and are able to manage the investigation and trial work of these difficult cases.
A FELA claim must be filed within three years of the date of the accident. If you take too long to submit your claim, it may become more difficult to gather evidence and preserve testimony from witnesses. This can negatively impact your claim, especially when you've suffered a permanent injury or a serious injury.
MTA/Metro-North
A train accident could cause serious injuries and even death for passengers. Our NYC subway accident lawyers at Jesse Minc Personal Injury Law understand the complexities of these difficult cases. We can help you identify the parties responsible for your losses and fight for what you deserve.
Public transportation is a crucial element of everyday life in New York City and throughout the country, including in Connecticut. Millions of people rely on public transport to get to work or school every day. It is the duty of the government to ensure that the passengers are safe when using these services. If the MTA is not able to meet its duty, it can be held accountable for any injuries that occur as a result.
The MTA is legally bound to ensure that its employees are able to safely operate its trains. If an MTA train conductor or another employee violates this duty and the MTA may be held liable for any injuries resulting by the violation.
If you've suffered injuries in a Metro-North or other train accident, the best method of pursuing compensation for your injuries is to file an action in civil court. The MTA and its representatives are aggressive in fighting these claims. It is crucial to find a knowledgeable and competent attorney to safeguard your rights.
An experienced NYC train accident lawyer will be able gather all the evidence needed to establish liability and file your claim as quickly as possible. They can also negotiate with MTA to ensure that you receive all the compensation you are entitled to.
One of the most difficult problems that arise in these kinds of lawsuits is identifying who is responsible for your injuries. While it is true that the MTA and its employees could be liable for your losses, it is possible that you also have to sue other individuals, such as the driver of the vehicle or the company who made or repaired the rails.
Finding the right parties can be difficult, especially at an emotional time of recovering from an injury or grieving the death of a loved one. The knowledgeable MTA accident attorneys at Jesse Minc Personal Injury Law can help identify the appropriate parties in your case, and fight to get the full amount of compensation you deserve.
Special Administrative Claims
Railroad accidents can result in serious injuries or death. Families of victims are frequently in dire need of legal aid. A skilled attorney for railroad injuries can assist in putting your accident behind you by seeking compensation from the negligent party accountable for your injuries.
A victim can make an FELA claim against the railroad company to recover more than what workers’ compensation laws allow. This includes lost wages as well as medical expenses. They can also collect for suffering, pain mental anguish, disfigurement and physical pain and lost enjoyment of life.
In the event that railroad employees are injured, they have up to three years from the date of their injury to submit a claim to the court, it is critical to speak with an experienced FELA lawyer as soon as possible after the accident at work. This is because a skilled and experienced lawyer can assist injured workers ensure their FELA claim is filed within the statute of limitations.
Furthermore, a railroad employee's initial statement and any subsequent interactions with company's claims representatives should be monitored by an attorney. In particular, it is important to make sure that the employee's account clearly assigns the blame for the accident on something the railroad did or failed to do. This is essential because railroads can use any failure to mention a negligence on their part as evidence against an injured worker.
Additionally the claim department of a railroad is typically staffed by well-trained and experienced personnel who are educated to inquire about injured workers, trying to uncover any reason to deny liability for the accident or reduce the amount of compensation that is awarded to the injured worker. This kind of approach can cause a lot of damage to the victim's claim.
Federal Railroad Safety Act (FRSA) safeguards railroad workers from retaliation or discrimination when they report on-the-job injuries or other safety-related actions. The FRSA generally prohibits railroads from taking adverse steps against employees who file grievances with unions or complaining about unsafe conditions on the job. In cases of retaliation, the railroader must file an administrative complaint with the Occupational Safety and Health Administration (OSHA) within 180 days of receiving the punishment.
Court System
Railroad workers are more at risk of being injured or killed at work than other employees. They are therefore entitled to claim compensation for their loss, including pain and suffering.
In 1908, Congress passed the Federal Employers Liability Act (FELA) to allow railroad workers who were injured and their families to sue negligent employers for the full amount of their losses. This legal system is still in force 100 years later and remains an effective legal basis for injured railroad employees and their families to get compensation for the damages they have suffered.
Contrary to traditional workers' compensation, FELA gives injured workers the right to insist that their employer compensate the injured worker economic and/or non-economic damages for lost wages and medical expenses such as pain and suffering and other losses. It also covers funeral expenses of workers injured in an accident at work.
You or a loved one may be seeking compensation due to workplace-related injuries or illnesses. However, it's important to ensure that your case is handled professionally and efficiently. An experienced lawyer who specializes in railroad injury cases is essential to the success of your case.
At Hach & Rose, LLP we have handled railroad injuries for more than three decades. Throughout that time we have secured thousands of dollars for our clients and their families.
We have extensive experience in dealing with various kinds of railroad injuries including back and neck injuries, spinal cord injury, brain injuries and burns. We represent railroad workers who have been diagnosed with diesel exhaust cancer or other illnesses due the failure of railroad companies to properly contain harmful fumes and sounds.
Another major cause of injuries for railroad employees is their exposure to lead, which could cause serious health issues like mesothelioma. Many railroad workers have been affected by lead poisoning. AccidentInjuryLawyers have successfully represented them.
The most important aspect of the success of a FELA claim is proving that the railroad company is responsible for your workplace accident or illness. A seasoned FELA attorney will use evidence to prove that the railroad company created unsafe working conditions. This can include expert testimony from medical professionals who can testify about the resulting damage.