Long Island Railroad Accident Lawyer
Railroad injuries are often serious and require extensive medical treatment. If you have been injured either as a train passenger or while working for a railroad, you are not alone. The Long Island railroad accident attorneys at Goldstein and Bashner are experienced in handling train accident cases and can help you with your case. Our Long Island personal injury lawyers have gained the support of Local 589, a division of the International Brotherhood of Electrical Workers Union due to our strong record of helping injured railroad workers receive compensation for their injuries. En Español.
Types of Injuries
The New York Metro Area has hundreds of thousands of train riders each day between the Long Island Rail Road, Metro-North, PATH, Amtrak, and New York City subways. The following are common injuries that warrant the attention of a Long Island railroad accident lawyer.
Common passenger injuries are often due to:
- Train accidents and derailments
- Falling in a gap
- Slipping and falling on the train or in the station
- Being hit by a train.
Common railroad worker injuries often involve:
- Electrical explosions
- Falls from substantial heights
- Back injuries due to unsafe work practices by the railroad
Railroad employees are protected under the Federal Employers Liability Act (FELA), which provides full compensation if the railroad was negligent. Compensation available under FELA is usually a lot higher than what is provided through New York Workers’ Compensation Law for non-railroad workers. In order to have a successful FELA claim, you need to take immediate action. Contact an experienced FELA lawyer at Goldstein & Bashner as soon as possible and we will help you build a strong case so that you can recover compensation for your injuries.
What Significance did the Federal Employers Liability Act have on Claims?
Even though the railroad industry would like you think otherwise, working on the railroad continues to be a very dangerous job.
The Federal Railroad Administration continues to track fatalities and injuries of railroad workers and the numbers continue to surpass the average occupation(although the injuries seemed to have gone down over the years). The Federal Employers Liability Act affords railroad employees the right to recover damages for an injury incurred in interstate commerce where the injury results in whole or part from the negligence of any employees of the railroad or because of any defect due to negligence with the rail cars, tracks, roadbeds,machinery or other equipment. In New York, it means that the Long Island Railroad, Metro North and Amtrak are covered under the Federal Employers Liability Act. Even the new JFK Airtrain is covered.
Before the passage of the FELA, the common law had made it very difficult for the injured employee to recover anything from his employer. As a result, for humanitarian reasons, Congress did away with several common-law tort defenses that had effectively barred recovery for injured railroad employees. Specifically, the Act abolished the fellow-servant rule, the doctrine of assumption of risk and contributory negligence. A contributory defense has now been replaced with comparative negligence. The FELA is not a workers’ compensation statute and thus makes the basis of liability negligence and not that an injury occurs.
Whether you are an injured passenger or worker, as a client of Goldstein and Bashner, you will be represented by a Long Island railroad injury attorney who will take your case personally. We measure the success of our law firm by the well-being of our clients. Our attorneys know what it is like to be affected by a serious injury, as we have witnessed family members being forced to cope with disabilities. So not only are you being represented by a lawyer who is experienced and has a strong track record of winning railroad injury cases, you are also working with someone who cares about what you are going through and you can trust.
The FELA/Railroad Accident lawyers in Long Island each have 25 years of experience fighting for clients and protecting their rights. Contact our railroad injury lawyers today for a free legal consultation.