Common Causes of Fatal Work Accidents in Ohio
Posted in: Legal Blog
The aftermath of a railroad or vehicle and train accident can be catastrophic. Due to the speed and weight of trains, victims usually sustain painful and debilitating injuries.
If you are a railroad worker and incurred injuries in an accident, contact the Ohio FELA injury lawyers at Kisling, Nestico & Redick. We can work to identify the responsible party and fight for you to obtain fair compensation.
Accidents involving motor vehicles and trains are not uncommon in Ohio. Because of the size of vehicles involved, accidents often result in fatalities.
These accidents often happen due to:
During these types of accidents, pedestrians, passengers, and railroad workers can be injured. Train conductors and engineers can also experience injuries during these collisions. If you work for a railroad company and have been injured in a vehicle-railroad accident, do not hesitate to contact our railroad work injury lawyers at Kisling, Nestico & Redick. As a railroad employee, you are not protected by the same type of workers’ compensation insurance as other types of workers. Instead, other laws apply to your situation.
We are here to investigate what happened, determined who is liable for your injuries, and guide you through pursuing compensation under federal or Ohio law. Contact our Ohio FELA injury lawyers today to learn more.
Working on trains and in rail yards is dangerous. As a railroad worker, you are constantly at risk because you are surrounded by heavy equipment, fast-moving trains and rail cars, and hazardous train loads.
According to the Federal Railroad Administration (FRA), 14 workers and two on-duty contractors were killed in highway-rail crossing incidents (HRC), train accidents excluding HRC, and other types of incidents excluding HRC in 2017. Between January and April 2018, over 1,500 on-duty rail workers on duty were injured, according to FRA data.
All it takes is for one thing to go wrong, and you can find yourself struck or trapped by a car, train part, rail, or piece of equipment or machinery.
Common accidents experienced by rail workers that our Ohio FELA injury lawyers see include:
If you work for a rail company and are injured at work, you may suffer all manner of injuries, including:
When you are injured at as a railroad industry employee, you are going to need the help of an attorney. The best step you can take is to contact our Ohio FELA injury lawyers at Kisling, Nestico & Redick for representation and guidance during the process of seeking compensation.
Railroad employers must provide safe equipment, adequate training, and sufficient manpower to operate trains safely. If employers are negligent in providing a safe environment, they may be responsible for injuries that occur.
When you are injured on the job, you may be able to make a claim under one of the following federal laws:
FELA is not only intended to provide you and other railroad workers with a cause of action when you are hurt at work. It also provides safety standards for railroad and train companies. Your employer is required by law to:
If your employer failed to uphold one or more standards under FELA, then this may be evidence of negligence you can use in court. You should contact our Ohio FELA injury lawyers. We can conduct an independent investigation into your situation and gather evidence of your employer, supervisor, or coworkers’ negligence.
At Kisling, Nestico & Redick, we have years of experience helping railroad and train workers after they are injured on the job. When a railroad or train company employs you, you are likely protected by FELA no matter your specific job duties. You do not need to work directly with or on trains to file a claim under FELA.
When you are injured on the job as a train or railroad employee, your employer will likely require you to file a report. This is usually an internal report, and it may dictate how your employer offers to handle this situation.
Even if they offer to pay for your medical expenses and all or some of your lost wages, you should speak with a railroad worker injury lawyer. Depending on the situation, your employer’s financial offer may be far less than what you are entitled to under the law.
When you are injured as a railroad or train worker, you need to speak with an attorney experienced in handling FELA cases. These types of legal claims are very different than Ohio workers’ compensation claims or general personal injury cases.
When you file a claim against your employer based on FELA, you must prove that the railroad company or another employee was negligent. However, the level of negligence you must prove is lower than in a typical personal injury claim.
You simply need to prove that the company or one of its other employers was somewhat or at least in part at fault for the accident and your injuries. This lower standard makes it easier to prove a railroad company is liable for your injuries and to obtain compensation.
After suffering injuries as a railroad worker, you can expect to go through an administrative and legal process before obtaining compensation for your injuries.
You should retain the help of one of our experienced Ohio FELA injury lawyers by your side during the FELA claim process, which typically includes:
If you work in another industry and file a workers’ compensation claim, you will not be able to recover compensation for your pain and suffering.
Workers’ compensation benefits cover your medical expenses and a portion of your lost wages. Under FELA, you can seek out compensation for your physical, psychological, and financial injuries.
Our attorneys will fight for you to receive compensation for your:
To discuss the potential value of your claim, contact Kisling, Nestico & Redick today. We will work with you, your health care providers, and medical and economic experts to place an appropriate value on your injuries. We will fight for you to be compensated fairly for your injuries so that you can move forward in life without being hindered by medical bills and an inability to earn the same income.
When you file a FELA claim for compensation, the railroad or train companies may attempt to defend themselves by arguing that you were also negligent.
They may claim that you are mostly or fully at-fault for the accident that caused your injuries, and they should not have to compensate you. This is a defense that you need to take seriously. You need to have an experienced FELA attorney to counter it in court.
Under Ohio’s comparative negligence laws, if a jury finds that you are more than 50 percent responsible for the accident and your injuries, then you may not recover any compensation. If you are fund to be less than 50 percent at-fault, you may still recover compensation; however, it will be reduced by your percentage of responsibility.
FELA covers more than injuries sustained from working on the railroad. It covers harm incurred due to asbestos exposure, in addition to stress and traumatic injuries. If you are a rail worker and were injured on the job, you may be eligible for compensation under a federal law that protects rail workers.