PASSENGERS’ CLAIMS
Whether it was during a daily outing or your morning commute, if you have been injured as a result of the negligence of a railroad while a passenger on one of its trains, you need competent representation from a firm that knows the railroads. Contact us.
We routinely handle claims against Amtrak, Metro-North, New Jersey Transit, Long Island Railroad and CSX.
RAILROAD WORKERS CLAIMS
The Railroad Industry has an accident rate higher than many industries in the country. Various safety regulations passed by Congress and the Department of Transportation, plus regulations and rules in the industry, put safety first, even though the railroads themselves often do not. Many railroad workers who have been injured are entitled to the benefits under special federal laws which often will make the railroad responsible for all of the damages you suffer. Some of those rights are discussed below.
I. DISABILITY, HEALTH AND WELFARE BENEFITS
Railroad workers injured while working may be entitled to disability benefits administered through the United States Railroad Retirement Board. Your doctor and hospital bills can be paid by submitting them directly to your employer or to the Railroad Employees National Health and Welfare Plan whose benefits are administered by certain designated insurance companies, depending upon your location and railroad. The right to have these payments made does not depend upon your proving someone was negligent. In that respect, payment of these bills is "no-fault". The Plan also provides life insurance. Lastly, the Railroad Retirement System provides disability benefits for total disability and occupational disability which prevents you from working in the industry.
II. THE FEDERAL EMPLOYER'S COMPENSATION ACT ("FELA")
The railroad worker also has the right to recover under the FELA, 45 U.S.C. Sec. 51 et seq., for injuries caused by the negligence of the railroad, its supervisors, its agents, your co-employees, and others. If you are injured through someone else's negligence, you may be compensated for your lost wages and benefits, pain and suffering, future impairment of earning capacity, medical bills and other damages which you endure. Only a "featherweight" amount of negligence is required under the FELA to entitle a railroad worker to damages.
III. SAFETY APPLIANCE ACT
A railroad worker is entitled to recover damages caused by the violation of the Safety Appliance Act, 49 U.S.C. - Sec. 20301 et seq. If the equipment covered by the Act fails, it is a violation. This statute is a strong weapon in your arsenal. It is so helpful that even if you are partially at fault for an accident, your contributory negligence cannot be used against you to reduce your recovery. Furthermore, if you prove that the condition of some equipment violated the requirements of the Safety Appliance Act, you do not have to prove that the railroad knew about it. The safety benefits of this statute cover locomotives, cars, tenders and similar equipment. It dictates that various safety devices must be installed and in good working order on railroad equipment, and if that equipment fails, and causes injury, the railroad is strictly liable for the injury caused thereby.
IN GENERAL
Many persons who have been injured working for the railroad, and who have received disability benefits, may also be entitled to the above rights as railroad workers, but they do not know it. The law firm of Hofmann & Associates has experienced railroad lawyers who are ready to assist you if you get injured. Call us for a free consultation if you have any questions about your rights as a railroad worker.
