Railroad Injuries Attorneys
If you have been injured in a train accident, it's important to consult with a knowledgeable railroad injuries attorney as soon as possible. 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 fail to provide safe working conditions or the proper equipment, injured workers may sue them directly.
FELA
Federal Employers' Liability Act, (FELA), is a law that is complex and protects railroad workers from financial consequences of injuries. The law also grants workers the right to sue their employers for damages regardless of whether the employee wasn't covered by normal workers' comp.
FELA is significant because it shifts economic responsibility for railroad workers' injuries from individual workers to railroad companies themselves. This makes the railroads more accountable for providing the safety of their employees and providing their employees adequate safety training and supervision. It also allows railroad workers to receive more compensation than they would receive for filing a typical workers' compensation claim.
FELA allows injured workers to sue railroads for damages in the event they can prove they were injured as a result of the railroad's negligence. The worker must however, be able to meet a strict burden of evidence. This is because FELA is a pure comparative negligence law.
This means that the railroad has to prove that negligence by the railroad was a major reason for the worker's injuries. This is usually easier than proving negligence in personal injury cases.
If a railroad company violates any of the federal workplace safety standards set forth in the OSHA regulations the railroad will be responsible for the cost of compensating an injured worker, provided it can prove that it did. This will make it easier to prove the railroad's negligence and give the person injured and their attorney an advantage.
Railroad negligence can result in injuries to a worker, which can result in medical expenses and lost wages. In addition, the worker could be awarded punitive damages in some instances.
A FELA case is a complex one and it is best to work with a lawyer who has prior experience in handling FELA cases. These attorneys are experts in railroad operations and can manage the investigation and the trial of these difficult cases.
Another important aspect of the FELA claim is that it must be filed within three years of the date of the accident. If you wait too long to submit your claim, it will be more difficult to collect evidence and preserve witness testimony. This can negatively affect your claim in the long term, especially if your injury is serious and you have suffered permanent 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 are well-versed in the complexities of serious cases. We can help you determine the parties responsible for your loss and fight to get what you deserve.
Public transportation is an essential aspect of daily life in New York City and throughout the country, including Connecticut. Millions of people rely on public transport to get to work or to school every day. It is the responsibility of the government to ensure that the passengers are safe when using these services. The MTA is accountable for any injuries that result from its failure to fulfill its obligations.
The MTA is legally required to ensure that its employees are competent and able to operate its trains safely. The MTA may be held accountable for any injuries that may result from a train conductor or another employee violating this duty.
If you were injured in an MTA or other train crash, the best way to pursue compensation for your injuries is to file a civil lawsuit. The MTA and its representatives are aggressive in contesting these claims. It is crucial to work with a knowledgeable and skilled attorney to safeguard your rights.
A seasoned NYC train accident lawyer can gather all the evidence necessary to prove liability and submit your claim in a timely manner. They can also negotiate with the MTA to ensure that you receive all of the compensation to which you are entitled to.
One of the most difficult problems that arise in these types of lawsuits is identifying who is responsible for your injuries. While it is true that the MTA and its employees could be responsible for your losses, you may also need to sue other third parties, for instance, the driver of the car or the company that built or repaired the rails.
Finding the right parties can be difficult, especially at a time when you are recovering from an injury or mourning the loss of a dear one. The skilled MTA accident attorneys at Jesse Minc Personal Injury Law can assist you to identify the appropriate parties in your case, and fight to get the full amount of compensation that you are entitled to.
Special Administrative Claims
Railroad accidents can cause catastrophic injuries and even death victims and their families in dire need of legal assistance. A skilled railroad injury attorney can help put your accident behind you by seeking compensation from the negligent party accountable for your injuries.
A victim may make a FELA claim against the railroad's employer to collect more than the workers’ compensation laws allow. This includes lost wages and medical expenses. They can also recover compensation for physical and mental anguish, disfigurement permanent disability, and lost enjoyment of life.
Railroad employees who suffer injuries can file a claim in the court within three year of the date of their injury. However it is imperative to speak to an experienced FELA lawyer as soon as you have been injured in the accident. A skilled and experienced attorney can assist injured workers submit their FELA claims within the timeframe.
Additionally, a railroad employee's initial statement and any subsequent interactions with company's claims representatives should be monitored closely by an attorney. It is vital to ensure that the employee's claims clearly place blame for the accident on the railroad. This is crucial because railroads may use any omission or failure to refer to negligence against injured workers.
Additionally the claim department of a railroad is usually staffed by well-trained and skilled people who are trained to question injured workers, in an effort to uncover any reason to discredit the responsibility for the accident or reduce the compensation awarded to the injured worker. This strategy can be very damaging to the cases of victims.
Federal Railroad Safety Act (FRSA) is a law that protects railroad employees from retaliation and discrimination if they report on-the-job injuries or any other safety-related activities. The FRSA generally prohibits railroads from taking adverse actions against workers for filing grievances with the union or reporting unsafe conditions on the job. In the case of retaliation the railroader must file an administrative claim 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 in the course of their work than other employees. They are therefore entitled to seek compensation for their losses, including pain and suffering.
Congress adopted the Federal Employers Liability Act in 1908 in order to allow railroad employees injured and their families to sue negligent employers to receive the full amount their damages. This legal system is in force 100 years later, and provides an adequate legal basis for railroad workers and their families to receive compensation for the losses they've suffered.
In contrast to traditional workers' compensation, FELA gives injured workers the right to request that their employer pay them non-economic or economic damages for lost wages, medical expenses including pain and suffering and other losses. It also covers funeral costs for injured workers who die as a result of their workplace accident.
If you or a loved one is seeking compensation for a work-related injury or illness, it is important to ensure that your claim is handled correctly and competently. Employing an experienced attorney who is skilled in handling railroad accident claims is essential to your case's success.
At Hach & Rose, LLP we have handled railroad injury claims for more than three decades. Throughout that time, we have recovered hundreds of millions of dollars for our clients and their families.
We have a wealth of experience handling a variety of railroad injuries including back and neck injuries, spinal cord injuries, brain injuries and burns. We represent those who suffer from cancer caused by diesel exhaust and other diseases that result from railroad companies' inability to adequately contain harmful fumes or noises while working.
Another major cause of injuries for railroad workers is exposure to lead, which can lead to serious health problems like mesothelioma. We have successfully represented numerous clients who have been affected by lead poisoning as a result of their railroad employment.
A successful FELA case will require you to show that the railroad company was responsible. To prove this, a knowledgeable FELA attorney will make use of evidence that demonstrates that the negligence of the company resulted in unsafe working conditions. Expert testimony from medical professionals can be used to testify about the damage that was caused.