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Goldstein and Bashner

I work on the third rail at the Long Island Rail Road. I was injured in an electrical fire. I was cited for violations. Can I still bring a claim?

Yes. Almost all the FELA cases involve the injured party being cited for a violation. Its a given, even when there are clear issues of fault only at the railroad. First as with any personal injury case in New York there is the issue of comparative negligence which means that a party can be held proportionately responsible for his or negligence. So you can be 50% at fault and the other party can be 50% at fault. This would , of course, affect your recovery. Second in a railroad case your violations can be arbitrated through your union and can either go to trial or be reduced. You must speak to your union representative about that. In the meantime look at some of the cases we worked on to help you understand the outcomes of different rail accidents.

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