“Can you sue for a railroad injury?” The answer is yes, especially if you’re a railroad worker. ProPublica reported in 2023 that many railroaders have gotten hurt on their jobs but chose not to sue because of several allegations that their supervisors go to lengths just to hide proof of the accidents.
In this blog, we’ll explain the legal landscape of railroad accidents, particularly in New York and Connecticut— where our team at The Kantor Gullo Law Firm handles cases. We’ll delve into the essentials of establishing a solid lawsuit, from pinpointing liability to gathering the necessary evidence.
Can You Sue for a Railroad Injury?
Let’s get to the point: Can you sue for a railroad injury if you’re a railroader?
To simply answer, yes. As a railroad worker, you have the right to sue for damages under the Federal Employers’ Liability Act (FELA). This law allows you to seek compensation if your injury resulted from your employer’s negligence. It also covers a range of incidents, from accidents on train routes or in yards, to injuries sustained while traveling for work.
Unlike typical workers’ compensation, FELA requires you to demonstrate that the railroad’s actions or lack thereof played even the slightest part in your injury. This could involve unsafe working conditions, defective equipment, inadequate training, or failure to enforce safety regulations.
For instance, if you were injured because the railroad did not maintain the tracks properly or if safety protocols were not followed, you could potentially sue for medical expenses, lost wages, and even emotional distress under FELA. This law ensures that railroad workers are protected and compensated for injuries directly caused by employer negligence. However, it’s also essential to know that your compensation could be reduced if you were partially at fault for the injury.
This is also one of the best reasons why you need our help at The Kantor Gullo Law Firm. By hiring us, you’re engaging all of our expertise and experience to ensure that you get your deserved compensation.
Understanding Your Rights Under the FELA
As a railroad worker, it’s essential to understand your rights under the FELA. This act provides a safety net, ensuring that you are compensated if injured on the job due to employer negligence.
- Right to a Safe Work Environment: Railroads are required to enforce safety regulations, provide proper training, and conduct regular hazard inspections to ensure a safe working environment.
- Right to Report Safety Violations: You can report unsafe conditions without fear of retaliation from your employer.
- Right to Refuse Unsafe Work: If given an unsafe order, you have the right to refuse it without penalty, provided the concern is legitimate and communicated appropriately.
- Right to Sue for Negligence: If you are injured due to your employer’s negligence, you can file a lawsuit under FELA. The compensation can include payment for medical expenses, lost wages, and even emotional distress.
Always remember, if injured, it’s wise to consult a New York railroad accident attorney at The Kantor Gullo Law Firm, who are experienced in FELA claims. We will guide you through the claims and litigation process to ensure you receive the full benefits you are entitled to.
Steps to Take After a Railroad Accident: A Guide for Legal Action
If you’re a railroad worker and have been involved in an accident while on the job, knowing the right steps to take immediately can be crucial for your health and legal rights. Here are the immediate steps to take.
Report the Incident
Immediately inform your supervisor about the accident as soon as possible. Accurate and prompt reporting is essential. It’s your right to report safety concerns and incidents without fear of retaliation.
Seek Medical Attention
Prioritize your health. After reporting any injuries to your supervisor, get medical help right away. Even if injuries seem minor, a professional evaluation is important as some symptoms might appear later.
Gather Information
While you are on the job, you might not be allowed to use phones or cameras at the scene. So make mental notes or write down details about the accident as soon as you can. This includes time, location, potential hazards, and any relevant events leading up to the accident.
If co-workers or others witnessed the incident, make sure to get their names and contact information. They can provide valuable statements that support your account of the accident.
Document Your Injuries and Treatments
Keep detailed records of all medical treatments and diagnoses. These documents are important for any legal action and compensation claims.
Understand Your Rights Under FELA
As a railroad worker injured on the job, you have rights under FELA, which requires your employer to provide a safe working environment. Familiarize yourself with FELA’s provisions, such as your right to sue for negligence if your employer failed to ensure a safe workplace.
Consult with a FELA Lawyer
Speak with a lawyer who specializes in FELA claims. At The Kantor Gullo Law Firm, we can offer guidance tailored to your situation, helping you understand your rights and the best course of action for seeking compensation.
Defend Your Rights With the Best Law Firm in New York & Connecticut
Can you sue for a railroad accident? Absolutely! At The Kantor Gullo Law Firm, we’re here to support you from the moment an injury occurs. If the incident happened in New York or Connecticut, we’re your best team on standby. We’ll take care of the immediate steps after your injury and handle all communications with the railroad to ensure your case is managed properly.
Your first consultation with us is completely free. You can tell us your story, learn about your rights, and explore your options without any financial worry. We specialize in a wide range of injury and wrongful death cases, providing thorough support every step of the way.
Let us be your pillar of strength. We’re committed to protecting your rights and ensuring your recovery process is as smooth and beneficial as possible.
