Railroad Injuries Attorneys
It is important that you consult a seasoned railroad injury attorney immediately after being injured in a railroad accident. Inaction could make it impossible to recover compensation for your injuries.
Federal Employers Liability (FELA) protects railroad workers. If railroads do not provide safe working conditions or proper equipment, injured workers can sue them directly.
FELA
The Federal Employers' Liability Act (FELA) is a complex law that protects railroad employees from the financial burden of injuries. Workers are also able to claim damages against their employer even if they're not covered by workers' compensation.
FELA is significant as it shifts the economic responsibility for railroad workers' injuries from the employees themselves to the railroad companies themselves. Railroads are now responsible for providing safe workplaces and providing supervision and training to their employees. It also permits railroad workers to recover more damages than they would receive for filing a typical workers' comp claim.
Under FELA the injured worker has the right to sue the railroad for damages if they can prove that they were injured as a result of the railroad's negligence. However, the injured person must meet a relatively high burden of evidence. This is because FELA is a pure comparative negligence statute.
This means that the railroad must show that their negligence was a major cause of the worker's injuries. This is typically easier than the proof of negligence in other kinds of personal injury claims.
In addition to that, if a railroad violated any of the federal workplace safety standards outlined in the OSHA regulations The railroad will be responsible for compensation if an injured worker can prove it violated the laws. This will make it easier to prove the railroad's negligence and provide the injured employee and their lawyer the chance to present a convincing case.
A railroad's negligence may cause injuries to a worker, resulting in money for medical expenses and lost wages. In certain circumstances, punitive damages may also be awarded to the worker.
A FELA case is extremely complex, and it is recommended to find a lawyer with prior experience in handling FELA cases. These lawyers are experts in railroad operations and can handle the investigation and the trial process in these difficult cases.
A FELA claim must be filed within three years of the date of the accident. It may be more difficult to gather evidence or to preserve witness testimony if you delay making your claim. This could adversely impact your claim, particularly when you've suffered a permanent injury or a serious injury.
MTA/Metro-North
A train accident could cause serious injuries, and sometimes 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 are entitled to.
Public transportation is an integral aspect of the daily routine in New York City, as and across the nation including Connecticut. Millions of people depend on public transportation to get to work and school every day, and it is the responsibility of the government to ensure that passengers safe while using these services. The MTA is accountable for any injuries caused by its failure to fulfill its obligations.
The MTA is legally required to ensure that its employees safely operate their trains. The MTA may be held accountable for any injuries that may result from a conductor of a train or another employee who violates this obligation.
If you've been injured in an MTA or other train accident, the best method to seek compensation for your injuries is by filing a civil lawsuit. However, railroad injury lawyers and their representatives are extremely aggressive in contesting these claims, and so it is vital to find an experienced and skilled attorney to safeguard your rights.
A seasoned NYC train accident lawyer can collect all the evidence needed to establish the liability and file your claim in a an efficient manner. They can also negotiate with the MTA to ensure that you receive all of the compensation that 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 the MTA and its employees are accountable for your losses you may be required to claim the driver of the car, or the company who constructed or repaired the rails.
It isn't always easy to identify the appropriate parties, particularly when you're grieving for the loss of your loved one or recovering from an injury. The skilled MTA accident attorneys at Jesse Minc Personal Injury Law can help identify the appropriate parties in your case and help you get the maximum amount of compensation you deserve.
Special Administrative Claims
Railroad accidents can result in devastating injuries and even death victims and their families in dire need of legal assistance. A seasoned railroad injuries attorney may help to put your accident behind you by pursuing compensation from the negligent party responsible for your injuries.
A victim can file an FELA claim against the railroad company to recover more than what workers' compensation laws allow. This includes lost wages and medical expenses. They can also claim for suffering, pain mental anguish and disfigurement as well as for loss of 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 consult with an experienced FELA lawyer as soon as possible after the accident at work. This is because a skilled and experienced attorney can help an injured worker make sure their FELA claim is filed within the timeframe of limitations.
An attorney can also monitor the initial report of a railroad employee and any subsequent interactions with claims agents of the company. In particular, it is important to ensure that the employee's report clearly lays the blame for the accident on something that the railroad did or did not do. This is essential because the railroad can use any failure to mention any negligence on their part as evidence against an injured worker.
Additionally, a railroad's claim department is typically staffed by well-trained and experienced employees who are trained to question injured workers, trying to find any reason to deny liability for the accident , or to reduce the amount of compensation that is awarded to the injured worker. This type of strategy can cause a lot of damage to the victim's case.
The Federal Railroad Safety Act (FRSA) protects railroad employees from retaliation and discrimination when reporting on-the-job injuries or other activities related to safety. The FRSA generally prohibits railroads from taking adverse actions against workers for filing grievances with the union or complaining about unsafe working conditions. Retaliation cases must be filed with the Occupational Safety and Health Administration within 180 days of the railroader receiving the punishment.
Court System
Railroad workers are at greater risk of being injured or killed in the course of their work than other employees. They are entitled to compensation for their losses as well as pain and suffering.
Congress adopted the Federal Employers Liability Act in 1908 to allow railroad workers injured and their families to sue negligent employers to get the full amount of their damages. This legal framework remains in force over a century later, and provides the legal basis for railroad workers and their families to obtain compensation for the losses they've suffered.
As opposed to traditional workers' comp, FELA gives injured workers the right to insist that their employer compensate them economic or non-economic damages for lost wages and medical expenses including pain and suffering and other expenses. It also covers funeral costs of workers injured during an accident at work.
You or someone you love might be seeking compensation for work-related injuries or illnesses. However, it's crucial to ensure that your case is handled professionally and efficiently. An experienced attorney who has expertise in handling railroad injury claims is essential for the success of your case.
At Hach & Rose, LLP we have handled railroad-related injury claims for more than three decades. In that time we have recovered tens of millions of dollars for our clients and their families.
We have a wealth of experience dealing with various kinds of railroad injuries including neck and back injuries as well as spinal cord injury, brain injuries and burns. We represent railroad workers who have been diagnosed with diesel exhaust cancer or other illnesses due the inability of railroad companies to contain dangerous fumes and noises.
Railroad workers are also prone to injuries caused by exposure to lead. This can lead to serious health issues like mesothelioma. Many railroad workers have been affected by lead poisoning. We have represented them successfully.
A successful FELA case will require you to prove that the railroad was responsible. To do this, an experienced FELA attorney will make use of evidence to demonstrate how negligence caused by the railroad company caused unsafe working conditions. Expert medical experts' testimony is a good way to testify about the damage that was caused.