Bronx Railroad Accident Lawyer
Railroad errors or mishaps can cause severe harm to both pedestrians and railroad employees. Fortunately, any person injured due to the negligence of a railroad company may have the right to request compensation for their ensuing damages. However, how a person can request this compensation varies depending upon their status as an employee or pedestrian.
If you were involved in a railroad incident and suffered injuries, a Bronx railroad accident lawyer may be able to help. By assessing your injuries and circumstances, a dedicated personal injury attorney could help to build and pursue a claim for compensation through the direct channels, so that you may focus on your recovery.
Workers’ Rights Following an On-The-Job Injury
Typically, employers in New York are required to obtain workers’ compensation insurance in order to provide payment in the event of an employee injury on-the-job. However, one key exception to this is when a federal program provides a separate compensation plan to a worker; this applies to railroad workers who work for an interstate railroad company, for example.
For these employees, the federal law known as the Federal Employers Liability Act (FELA) should provide a compensation plan, though it requires a different set of circumstances in order to receive compensation for damages. Essentially, FELA states that an injured railroad employee—or their personal representative—may file a lawsuit for damages against an employer, meaning this process differs from traditional workers’ compensation in numerous ways.
Traditional workers’ comp is a no-fault system. So, as long as a worker was on-the-clock at the time of the incident, the insurance policy should provide compensation. FELA, on the other hand, requires an injured plaintiff to demonstrate that the railroad company’s negligence caused their injuries. This may include proving that the railroad failed to provide proper safety equipment or that inadequate maintenance caused an incident to occur. Because of this essential difference, a well-versed railroad accident lawyer in the Bronx could assess an injured employee’s specific circumstances and help them to pursue compensation through the correct system.
Railroad Injuries to Travelers
Despite their convenience, riding subways or light rails — such as LIRR, MTA, Amtrak, and Metro-North —comes with inherent risks. Poor maintenance, overcrowding, or even derailments may all cause serious injuries and property damage. People injured while riding these trains may be able to pursue a lawsuit against the train operator or railroad company based on the legal theory of negligence.
Usually, an injured plaintiff must pursue a claim through an internal appeals process. The Comptroller’s Office maintains this process for filing claims and allows a plaintiff to act within 90 days from the date of the incident that resulted in his or her injuries. Because of this small window of time, a hardworking Bronx attorney could help an injured person to pursue a claim for medical costs, lost wages, and even mental anguish endured in a railroad incident.
Call a Bronx Railroad Accident Attorney for Help
If you were injured in a railroad wreck, crash, or other incidents—as a traveler or employer—you may have a legal right to seek compensation. However, after an accident, you may be overwhelmed and unsure of how to proceed without the help of a Bronx railroad accident lawyer.
Instead of trying to file a claim alone, consider enlisting a tenacious and committed attorney to stand by your side. A legal professional could work to identify where you may request recovery, gather evidence, and navigate the legal system on your behalf. To get started on a claim, call today.