Brooklyn Railroad Accident Lawyer
Due to the daily foot traffic that railroads receive, accidents are unfortunately common and potentially severe. When these injuries are the result of the careless, reckless, or malicious actions of a railroad owner or operator, an injured passenger or employee has the right to seek compensation. If you were harmed on a railway while commuting or working, a Brooklyn railroad accident lawyer could help you pursue recovery for your damages.
However, dependent upon your circumstances, you may have to file a claim through the workers’ compensation system or via a civil lawsuit. Regardless of the legal requirements, however, a seasoned personal injury attorney could help to explain your rights and work to build a persuasive claim on your behalf.
How Can a Federal Railroad Employee Seek Compensation in Brooklyn?
While Brooklyn has some of the country’s most protective workers’ compensation laws, an exception is made for employees of railroad companies. A federal law known as the Federal Employers Liability Act (FELA) provides an alternate path for injured these employees to collect compensation.
However, unlike the traditional workers’ compensation framework, injured workers of interstate railroad companies have a right to sue their employers directly for their losses following an injury. These claims function similarly to traditional injury cases—which means a worker must demonstrate that their employer was at least partially at fault for their injuries.
Unfortunately, the notion of demonstrating this is often daunting for injured railroad workers. A seasoned railroad accident lawyer in Brooklyn could help a claimant navigate these complex cases in order to request the compensation they require.
The Rights of Injured Travelers
The operators and owners of subways and light rail systems in Brooklyn, such as Amtrak and Metro-North, assume a legal duty to protect their passengers from foreseeable harm. A failure to fulfill this duty that results in an injury may form the basis for an injury claim. For example, injuries resulting from door malfunctions, derailments, or sudden stops may result in demonstrable negligence.
However, for a successful claim, an injured plaintiff must prove that the operator of the train or the maintenance team caused this incident. In addition, they must show that this incident was the source of their injuries. Due to the often-complex nature of legally proving negligence, an experienced attorney could work alongside a claimant to demonstrate fault in a railroad accident.
Furthermore, it is important for an injured individual to remember that the defendant in many of these railroad cases is the city of New York. As a result, plaintiffs usually cannot directly sue an individual, as they are legally considered to be a government entity. Instead, the Comptroller’s Office maintains a process by which people can file claims against the city.
A Brooklyn Railroad Accident Attorney May be Able to Help
If you were involved in an accident on a railroad, you may be overwhelmed and unsure of how to proceed. However, regardless of whether you were a pedestrian or worker at the time of the injury, you may have the right to demand compensation.
The process for seeking this compensation varies depending on your legal standing, which means the aid and counsel of a Brooklyn railroad accident lawyer might help. A knowledgeable attorney could help to shoulder the burdens of a claim and pursue compensation on your behalf so that you may focus on your recovery. Because there is a limited time frame to take action, however, contacting an attorney today may prove beneficial.