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Railroad Injuries Attorneys If you've been injured in a train accident, it is important to seek out an experienced railroad injury lawyer as soon as possible. If you don't, it can prevent you from recovering compensation for your injuries. Federal Employers Liability (FELA) safeguards railroad workers. If railroads do not provide safe working conditions or the appropriate equipment, injured workers can sue them directly. FELA The Federal Employers' Liability Act (FELA) is a complex law that shields railroad workers from the financial burden of injuries. Employees can also sue their employers for damages even if they are not covered by workers' compensation. FELA is important as it shifts the responsibility for railroad workers' accidents from individual railroad employees to railroad companies. This makes railroads more accountable for ensuring an environment that is safe and providing their employees adequate safety training and supervision. It also allows railroad workers to recover more damages than they would for filing a typical workers' comp claim. FELA allows injured workers to sue railroads for money damages in the event that they can prove that they were injured by the railroad's negligence. However, the injured person must meet a relatively high burden of proof. This is due to the fact that FELA is an absolute comparative negligence law. This means that the worker must prove that negligence by the railroad was a major factor in the cause of the worker's injury. This is typically easier than the proof of negligence in personal injury cases. Additionally, if a railroad company was found to have violated any of the safety standards for workplace safety that are set forth in the OSHA regulations the railroad will be responsible for compensating an injured worker can prove it violated those laws. This makes it easier to prove negligence by the railroad and will give the injured employee and their lawyer an argument that is strong. A railroad's negligence can cause injury to a worker leading to medical bills and lost wages. In certain cases punitive damages could also be awarded to the worker. Due to the complexity of a FELA claim Due to the complexity of FELA claims, it is advised to find a lawyer that has experience in handling FELA cases. These attorneys are experts in railroad operations and will manage the investigation and trial aspects of these difficult cases. A FELA claim must be filed within three years from the date of the accident. If you delay to submit your claim, it could be more difficult to collect evidence and preserve testimony from witnesses. This could affect your claim in the future particularly if the injury is severe and you have suffered permanent injury. MTA/Metro-North A train crash can be life-changing which can cause severe injuries to the people who are on the train. Our NYC subway accident lawyers at Jesse Minc Personal Injury Law are well-versed in the complexities of important cases. We can assist you in identifying the parties accountable for your loss and fight for the compensation you deserve. Public transportation is a vital part of everyday life in New York City, as and across the nation, including Connecticut. Millions of people depend on public transportation to get to work and school each day, and it is the responsibility of the government to ensure that the passengers safe when using these services. If the MTA fails to fulfill its duty, it can be held accountable for any injuries that result. The MTA is legally required to ensure that its employees are trained and capable of operating its trains safely. The MTA may be held accountable for any injuries that result from a train conductor or another employee not complying with this obligation. If you were injured in a Metro-North or other train crash, the best method to seek compensation for your injuries is to file a civil lawsuit. The MTA and its representatives are adamant in the defense of these claims. It is important to find a knowledgeable and competent attorney to protect your rights. An experienced NYC train accident lawyer can gather all of the evidence that is necessary 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 the compensation that you are entitled to. One of the most difficult issues that arise in these types of lawsuits is identifying who is accountable for your injuries. While it is true that the MTA and its employees may be accountable for your losses, you might be required to sue other parties, like the driver of the car or the company that constructed or repaired the rails. Finding the right parties can be confusing, especially during a time when you are recovering from an injury or mourning the loss of a loved one. The knowledgeable MTA accident lawyers 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 serious injuries or death. Families of victims are often in desperate need of legal help. An experienced railroad injury lawyer can help you to get compensation from the negligent party responsible. If the victim has filed an FELA claim against their railroad company and is entitled to recover more than what workers compensation laws allow them to receive for medical expenses and lost wages. They may also be able to recover for suffering, pain, mental anguish and disfigurement, as well as loss of enjoyment of life. While injured railroad employees have three years from the date of their injury to make a claim in the court, it is essential to talk to an experienced FELA lawyer as soon as you can after the incident at work. This is because a competent and experienced attorney can help an injured worker ensure that their FELA claim is properly filed within the statute of limitations. Moreover, a railroad employee's initial account and any subsequent interactions with company's claims representatives should be monitored closely by an attorney. It is essential to make sure that the employee's claims clearly assign the blame for the accident on the railroad. This is important since railroads could use any omission or failure to mention negligence against injured workers. The claim department of a railroad usually is well-trained and skilled who can question injured workers to determine if there is any reason to decrease or deny liability. This kind of strategy could be detrimental to a victim's case. The Federal Railroad Safety Act (FRSA) protects railroad employees from retaliation or discrimination for reporting on-the-job injuries or other safety-related activities. The FRSA generally prohibits railroads from taking adverse steps against workers 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 retaliatory action. Court System Railroad workers are at greater risk of being injured or killed in the course of their work than other employees. Therefore, they have the right to seek compensation for injuries, 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 receive the full amount their losses. This legal system remains in place over a century later and continues to be a strong legal basis for railroad workers who have been injured and their families to get compensation for the losses they have suffered. Contrary to traditional workers' compensation, FELA gives injured workers the right to demand that their employer pay them non-economic or economic damages for lost wages and medical expenses including pain and suffering and other losses. It also covers funeral expenses for injured workers who die due to their workplace accident. If you or someone close to you is seeking compensation for an injury sustained at work or illness, you should ensure that your case is handled properly and efficiently. A knowledgeable attorney who specializes in railroad-related injury cases is crucial to the success of your case. Hach & Rose, LLP has been handling railroad-related injury claims for more than three decades. We have been able to recover millions of dollars for our clients throughout the years. We have extensive experience dealing with various railroad injuries including neck and back injuries, spinal cord injuries, brain injuries and burns. We represent railroad workers who have been diagnosed with cancer of the diesel exhaust or other ailments due to the failure of railroad companies to protect themselves from harmful fumes and noises. Railroad workers are also vulnerable to injuries resulting from exposure to lead. This can cause serious health issues such as mesothelioma. Many railroad workers have been affected by lead poisoning. We have successfully represented them. The key to an effective FELA claim is proving that the railroad company is responsible for your workplace injury or illness. An experienced FELA lawyer will make use of evidence to prove that railroad companies caused unsafe working conditions. Expert testimony from medical professionals can be used to prove about the damage caused.