Can an Attorney Help in a Railroad Transportation Accident?
Railroad accidents lawyers in Indianapolis, IN know that trains are enormous pieces of equipment, and people operating them must be extremely careful to protect workers and passengers. If they don’t, an accident causing serious injury or wrongful death may result. If you know someone who has suffered injuries or died as a result of an aviation or railroad accident, speak with the experienced railroad accidents lawyers at Ward & Ward in Indianapolis today. We know what it takes to move ahead with a lawsuit against the parties responsible for your accident.
Understanding railroad safety issues
The NTSB is also responsible for investigating railroad incidents and ultimately recommending solutions to address some of the top concerns. The most common reasons for accidents include:
Switch control misalignment. Hand-operated switch controls can be out of alignment, which could cause derailment and serious injuries.
Poor crew briefing. Crewmembers who do not receive the proper communications may fail to perform duties that could prevent an accident.
Lack of roadwork coordination. When road or highway crews need to perform work near a railroad crossing, the railroad and the road crews need to communicate and coordinate their efforts. Failing to do so could cause serious or fatal accidents to passengers, motorists and workers.
When your accident occurred on a train, it’s important to work with an experienced Indianapolis, IN railroad accident lawyer to explore your options for seeking compensation. The Indiana team at Ward & Ward can help with this process.I was injured while working on the Indiana railways, what are my legal rights?If you were injured while working on the railways of Indiana, you may be able to receive workers compensation. Experienced railroad accidents lawyers working in Indianapolis, IN can possibly help you file a third party personal injury claim, depending on your circumstances. That said, injured railroad workers must follow a different process when attempting to recover compensation.The Complexities of Railroad Accident CasesConsider the following hypothetical situation: A worker is on the railroad tracks and notices a train rapidly approaching. The worker is forced to dive into a sloped area and in the process, the worker breaks a leg. Who is at fault? The worker for being on the tracks? The train engineer for failing to signal using the horn? Did the train dispatcher fail to notify the workers of the oncoming train? Determining liability, especially when a railway company is involved, is not always easy. This is where experienced railroad accident lawyers for Indianapolis, IN can come in and help you to win your case.The Rights of an Injured Railway WorkerWorking on the railways comes with inherent risks; however, by federal law, the railway companies must provide a reasonably safe workplace for all of their employees. Railroad workers have the following rights:
You have the right to a safe workplace.
You have the right to report any OSHA or FRSA violations without being discriminated or retaliated against, or being punished (i.e. being put on an unfavorable shift)
You have the right to refuse a duty if you believe it puts you in a vulnerable situation that jeopardizes your safety, the safety of another employee, or the safety of the public.
If you believe your employer has retaliated against you, you have the right to file a whistleblower claim.
It is your right to obtain workers compensation if your were injured while working on the railways.
If your injury was caused by negligence, you may have the right to file a claim or lawsuit under the Federal Employers Liability Act (FELA). A railroad accident lawyer working in Indianapolis, IN can help you file.
How FELA Affects Your Injury CaseFELA is a special statute that oversees and governs the majority of cases involving an injured railroad worker. The act was first established in 1908 and allowed injured workers to recover compensation from railroad companies who were found to negligent in causing an injury. There are important distinctions between FELA and workers compensation laws, they are as follows:
In a FELA case, your railroad accident lawyer must demonstrate that the railroad company was negligent.
In a workers compensation case, you can recover damages just for being injured on the job.
The railroad company has the right to argue comparative negligence in a FELA case.
If the injured worker is found to be 100% at fault, the cannot recover damages under FELA.
If the injured worker is not 100% at fault, they can file a lawsuit against the railway company.
In a workers compensation claim, there is no consideration for comparative negligence.
A FELA case generally pays out significantly more money than workers compensation.
Whether you are filing for workers compensation or a FELA case as an injured railway worker, having a good railroad accidents lawyer on your side can make a big difference. Enforce Your Rights as an Injured Railroad Worker with an Experienced LawyerThe railroad accident lawyers at Ward & Ward Law Firm in Indianapolis, IN have a team of legal professionals and extensive resources to investigate your case and get the recovery you deserve.
Call An Experienced Indianapolis lawyer right away
For more information about how you can seek compensation after a railroad accident, speak with the skilled legal team at Ward & Ward in Indianapolis. We offer free initial consultations and are available 24 hours a day, seven days a week in case of emergency situations. To find out what you legal options and rights may be, call our office today and speak with one of our tenacious Indianapolis, IN railroad accidents lawyers today!