New York Lawyers Helping Train Accident Victims

Picture courtesy of ABC News.

According to the Federal Railroad Administration (FRA), a train collision or derailment occurs approximately every 90 minutes in the United States causing 1,000 or more deaths each year. Train accidents cause deadly consequences and the laws surrounding train accident are very complex, so it is important to speak to a railroad accident lawyer familiar with the applicable laws. At Hach & Rose, LLP, our experienced lawyers will make sure you get the representation you and your loved ones deserve while focusing on recovery.

Under the Federal Employer’s Liability Act (FELA), railroad companies have the legal obligation to protect and keep workers safe. Railroad companies rely on outdated technology. They have come under increased scrutiny and very little effort has been made to update safety measures. When railroad companies fail to abide by FELA laws, innocent people can suffer tragic injuries or even death. At Hach & Rose, LLP we take necessary legal actions to hold those responsible for the accident accountable.

Most train accidents are caused by the negligence of the train company. In these circumstances, the victims and their loved ones are able to file a lawsuit but must abide by requirements to file a timely notice of claim and lawsuit. Any injured passenger, railroad employee, pedestrian can sue the person or entity responsible for the train accident. Whether a victim of a train accident has suffered a minor injury such as whiplash or lifelong injuries or even death, you and your loved ones are entitled to pursue compensation for the following:

  • Medical bills
  • Rehabilitation expenses
  • Lost wages and lost overtime
  • Loss of companionship
  • Emotional trauma
  • Funeral cost
  • Punitive costs
  • Pain and suffering past and future
  • Aggravation of pre-existing conditions

Train accidents often have severe consequences for those involved, and you shouldn’t have to cover your expenses, or suffer damages without full financial compensation from the parties at fault for the accident. Millions of New York and New Jersey residents take the train daily. Whether you or a loved one was harmed in the recent tragic New Jersey train accident or another similar accident, contact a New York Train Accident Attorney from Hach & Rose, LLP, today at (212) 779-0057. With an impressive history of obtaining record settlements for train accident victims, we have the experience, skills, and resources necessary to getting our clients the compensation and support they need.

Railroad Worker Accidents

Traveling by train is one of the most common and efficient forms of commuting in and around the New York City area. Between the numerous subway lines, the Long Island Rail Road, the New Jersey Transit, the Metro-North Railroad, and Amtrak, there are hundreds of railroad workers who help to make these rail lines run as they should. However, due to the inherent danger of this job, many railroaders are injured in the act of repairing, maintaining, or overseeing the trains and rail lines.

When these accidents occur, transit workers typically experience serious disruptions to their lives. For instance, they may be physically affected to the point where they can no longer perform their jobs. Additionally, they may be affected financially, as workers’ compensation insurance can only help to an extent. Lastly, they may also suffer psychological effects of their accidents, such as post-traumatic stress disorder, or PTSD.

Fortunately for injured railroad workers, the Federal Employers’ Liability Act (FELA) is a federal law that protects railroaders and entitles them to compensation if they are injured while working. This protection applies to everyone who is employed by a railroad company that participates in interstate commerce. However, FELA only covers individuals who are actively fulfilling work-related duties at the time of the accident.

In addition, this statute mandates that New York railroad employers provide the following for their employers: a safe working environment, protection from harm by other employees, attentive supervision, safe equipment, and job training, if necessary. If any of these requirements go unfulfilled, resulting in an accident, the injured railroaders may be entitled to compensation from their employer. When pursuing compensation under FELA, New York train accident lawyers also must prove negligence on the part of the railroad company. Negligence refers to a failure to exercise the care that a reasonably sensible person would exercise in a similar circumstance.

If the case is successful, the injured railroad worker can recover compensation for the following damages:

  • Lost wages (past, future, and insurance coverage)
  • Medical costs (past and future treatment)
  • Pain and suffering
  • Mental distress
  • Permanent injuries
  • Scarring or disfigurement

The statue of limitations, or deadline, for taking legal action for railroad accidents is three years from the date of the accident. However, the sooner you contact our New York FELA lawyers, the sooner we can provide legal advice and investigate the accident. That being said, if you, a family member, or friend has been injured as a result of working on a railroad, please contact Hach & Rose, LLP, today.

New York Platform Gaps Attorneys

Railroad companies should take whatever reasonably available safety precautions they can to reduce the possibility of a worker falling into a gap on a train platform. These gaps, which can be particularly wide at poorly designed stations or in stations where platforms haven’t been modified as train size and shape has changed, may be extremely dangerous. Workers who fall into these gaps may sustain injuries from the trip or fall itself and, if the train isn’t stopped immediately, may sustain very severe injuries from a train.

If you’ve been injured because of a wide gap at a train station you were working at, your employer may be held liable for this negligence through the Federal Employers Liability Act (FELA). To gain a deeper understanding about your legal options after enduring injuries in such a situation, contact a reliable FELA attorney from Hach & Rose, LLP, today at (212) 779-0057.

Dangers from Platform Gaps

Platform gap accidents happen most commonly when a train station isn’t designed to properly accommodate passengers or workers getting on and off the train. The wider the gap between the train and the platform or station is, the greater the risk of an innocent person sustaining a devastating injury. The following safety concerns may lead to injuries:

  • Falling injuries, including a high possibility of head injuries
  • The risk of injury from the moving train if the locomotive isn’t stopped immediately
  • Electrocution or burn risks if the underside of the platform isn’t properly covered

The risk of a worker sustaining these and other types of injuries caused by an insufficient platform or large gap should be minimized by a railroad company. Thus, if the proper precautions aren’t taken to shorten a potentially dangerous gap, the responsible railroad company may be held responsible for the resulting injuries.

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As an injured railroad worker, you may be uniquely capable of pursuing full compensation for your employer’s negligence under the protections FELA offers railroad workers. At Hach & Rose, LLP, we aim to give workers, like you, who have been wronged by their employer a fair fight for compensation. To learn more about how we may be able to help you through this process, contact one of our experienced New York platform gaps attorney today by calling (212) 779-0057.

Non-operational Tracks

If a length of railroad tracks is considered non-operational, any trains moving through that area should be promptly stopped and re-routed until repairs can be completed. Failing to do so can seriously endanger anyone on the train, including railroad workers, as these damaged tracks may cause train cars to derail.

Accidents caused by non-operational tracks can cause severe injuries and, in the most tragic of cases,death. In order to protect railway employees injured in such accidents due to their company’s lack of sufficient track maintenance, the Federal Employers’ Liability Act, or FELA, allows such workers to seek financial compensation for their injuries and/or losses.

The Hazards of Non-operational Tracks

A damaged or unsafe length of track should be repaired quickly and avoided by any train traffic through well-planned detours. Employers who fail to take this initiative to protect their employees may subject their workers to the following dangers:

  • Derailment accidents
  • Injuries to nearby track workers, especially if a train derails
  • Damage to the train, potentially causing serious safety concerns

It is an employer’s responsibility to communicate to their train operators and employees the location of non-operational tracks and what routes to use instead. If this information isn’t provided, railroad workers injured as a result may be entitled to file for compensation due to their employer’s negligence.

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Non-operational tracks are a serious problem that can cause devastating accidents. Railroad employees injured due to railroad companies failing to repair these tracks should not have to bear the burden of these accidents, and fortunately FELA can often prevent this. To learn more about your protections under FELA as a railroad worker, call (212) 779-0057. The New York non-operational track attorneys at Hach & Rose, LLP can help you understand your rights and options for filing a FELA lawsuit.

New York Derailment Attorneys

Railroad companies and track owners are responsible for taking whatever safety precautions are necessary to prevent train derailment accidents. These incidents can be highly destructive and even deadly, potentially harming railroad workers as well as train passengers and others nearby. However, workers injured as a result of their companies’ carelessness or lack of proper safety measures may be eligible to sue for full compensation through the Federal Employers Liability Act (FELA).

If you or someone you love has been injured because of a derailed train, there may be legal options available to you so that you can take action against the railroad company at fault. To discuss how we can help you prepare your claim, contact the dedicated railroad accident lawyers of Hach & Rose, LLP, today by calling (212) 779-0057.

Negligence and Derailment Accidents

Due to the severity of most train derailment accidents, workers’ compensation alone may not be enough to cover injured employees’ medical bills and other damages. Thus, FELA allows these injured individuals to seek compensation through lawsuits against their negligent employers. The following situations may be grounds for a negligence-based claim:

  • Failing to repair damaged tracks
  • Failing to repair damaged trains
  • Failing to clear large-scale debris from tracks
  • Failing to properly communicate warnings or vital track information to train operators

If you have been injured in a train accident, you may want to discuss your legal options with a derailment lawyer to learn more about whether you should seek workers’ comp or additional compensation through a FELA lawsuit.

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Train derailment accidents often have severe consequences for those involved, and you shouldn’t have to cover your medical expenses, lost wages, and other damages without full financial compensation from the party at fault for the incident. To learn more about how a FELA lawsuit can benefit you, contactNew York Derailment Attorney from Hach & Rose, LLP, today at (212) 779-0057.

New York Falls Involving Commuters Lawyers

Under the Federal Employers Liability Act, or FELA, railroad workers who are not covered under regular workers’ compensation plans can seek compensation for injuries they suffer while on the job. One common site of railroad worker injuries is passenger trains, which pose a unique set of safety hazards due to issues like improper train maintenance or insufficient track upkeep. If commuter railway companies ignore safety protocol, they can be held accountable for their negligence under FELA.

After accidents caused by train company negligence, commuters are normally permitted to seek compensation through personal injury lawsuits. However, it’s important for railway employees to recognize that they also have the legal right to pursue compensation under FELA. For more information about your rights and options if your employer’s negligence has caused you to suffer an injury, contact a railroad accident attorney from Hach & Rose, LLP, today by calling (212) 779-0057.

Types of Commuter Train-Related Accidents

A railway employee injured in a fall involving a commuter train may be eligible to file for compensation from his or her employer if the company failed to take the proper safety precautions in preventing the accident. The following accidents may occur because of a lack of adequate safety measures:

  • Falls on unsafe floors, stairways, or ramps at a station
  • Falls on trains, often caused by unmaintained train cars or conductor errors
  • Gap falls

These fall dangers may be blamed on a negligent commuter railway company, leaving the business liable for injury costs to both commuters and employees.

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If your employer’s mistakes have left you facing a fall-related railroad injury, you may be entitled to pursue compensation through a FELA claim. To learn more about how we can guide you through this potentially complex process, contact a knowledgeable lawyer from Hach & Rose, LLP, today at (212) 779-0057.

New York Head-on Train Collisions Lawyers

The Federal Employers Liability Act (FELA) allows injured railroad works to pursue compensation for injuries caused by their employer’s negligence, such as serious communications or organizational breakdowns, which led to an accident, like a head-on train collision. These extremely dangerous accidents can cause a devastating degree of destruction and severe injuries for those involved. When a railroad company fails to take the necessary safety precautions needed to prevent a head-on accident, they should be the ones to bear the financial consequences of the accident and the victims’ losses.

If you or someone you love was injured in a train collision that could have been prevented by the train company, you may deserve compensation from the train company responsible, according to the stipulations of the FELA. For more information about taking legal action and pursuing the justice and financial restitution you need, contact the New York FELA attorneys of Hach & Rose, LLP, today by calling(212) 779-0057.

Negligent Causes of Head-on Train Collisions

Railroad companies have a legal responsibility to their employees to maintain high safety standards and prevent catastrophic accidents whenever possible. In particular, the following negligent mistakes may be grounds for taking legal action against a railroad company:

  • Failing to properly schedule trains moving along a single track
  • Failing to indicate when trains need to move to side tracks to allow other traffic to pass
  • Failing to indicate impending collision concerns to train operators
  • In the case of mechanical failures due to poor maintenance, failing to maintain train control systems

It is a major responsibility of train companies to take all the necessary actions to preventing head-on collisions; thus, when they fail to take these steps and ensure that all passengers and workers are safe, they should be held accountable.

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An injury from a head-on train collision may leave you and your household with unmanageable medical expenses, out-of-pocket costs, and a lack of wages to cover these financial burdens. Fortunately, the Federal Employer Liability Act allows injured workers, like you, to take action against the negligent company who caused your suffering and losses. To learn more about your options as an injured railroad worker, contact a New York Head-on Train Collisions Lawyers of Hach & Rose, LLP, at (212) 779-0057today.

FELA Cases are Negligence-Based

Whether representing injury victims or their families in wrongful death cases, New York train accident lawyers must prove negligence on the part of the railroad company. Courts base FELA cases on comparative negligence laws, which means plaintiffs may recover damages even if the court assigns a fault percentage to the plaintiff. For example, if the court determines that the plaintiff was 60 percent at fault for causing the accident, the plaintiff can still recover 40 percent of the damage amounts claimed. Recoverable damages in FELA cases include:

  • Lost wages (past, future, and insurance coverage)
  • Medical costs (past and future treatment)
  • Pain and suffering
  • Mental distress
  • Permanent injury
  • Scarring or disfigurement

The statute of limitations for bringing legal action is three years from the accident date. However, the sooner you contact our FELA attorneys, the sooner we can provide you with legal advice, investigate the circumstances surrounding your accident, and protect your rights.

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For the representation you need for your railroad injury case, contact the diligent New York injury lawyers of Hach & Rose, LLP, today by calling (212) 779-0057.

Experienced FELA Representation for Union Members

Hach & Rose, LLP, has extensive experience fighting for union members and their families. We represent railroad workers employed by the Long Island Railroad (LIRR), Amtrak, Metro North, Chessie Seaboard Expanded (CSX), New Jersey Transit, Consolidated Rail Corporation (Conrail), and other railways.

Our FELA attorneys are also designated counsel for the International Association of Machinists and Aerospace Workers Local Lodge 754 and the Independent Railroad Supervisors Union (IRSA).

Train accidents in New York and throughout the United States occur for a variety of reasons, and at Hach & Rose, LLP, we are ready to take on cases involving:

Whether your injury occurred because of one of the above-listed reasons or not, do not hesitate to contact us today to discuss your situation.

New York Federal Employers Liability Act (FELA) Lawyers

Tremendous railroad expansion coupled with intensified risks for railroad workers culminated in Congress passing the Federal Employers Liability Act (FELA). Unlike workers’ compensation, FELA allows railroad employees and their families to sue employers for negligence causing work injuries and death.

Because railroads are an interstate transportation industry and FELA is a federal law, courts hear cases at both the federal and state levels. The New York FELA attorneys at Hach & Rose, LLP, effectively pursue FELA cases on behalf of our clients in New York and nationwide. To discuss your situation in further detail with one of our experienced attorneys, contact us today at (212) 779-0057.