Trains are a convenient way to commute; however, they can also be very dangerous and cause serious injuries and death to commuters and workers alike. We are prepared to represent any New Jersey passengers and passersby who sustain railroad injuries, no matter what the cause of those injuries are. The New Jersey railroad injury lawyers of Gold, Albanese & Barletti are also familiar with the laws and regulations that govern railroad workers under the Federal Employers Liability Act (FELA) and we will use this knowledge to the best of our ability when pursuing workers’ compensation on behalf of our clients.
Passengers and Passersby Railroad Injuries in NJ
If you or a loved one was injured as a result of a railroad accident in New Jersey, we are prepared to help you investigate who exactly was responsible and then pursue a personal injury claim against those accountable for your injury. If someone has died as a result of a train accident, we will aid the bereaved by pursuing justice in a wrongful death case.
Common Causes for Railroad Injuries
A majority of railroad injuries that affect passengers or passersby are related to 3 causes. These are not the only way injuries can occur, but they are the most common. These causes are:
- Human Error – Train accidents caused by operator error can involve failure to brake safely, traveling at unsafe speeds, or operating the train while impaired or distracted.
- Track Defects – This can include debris or obstacles blocking the tracks, faulty tracks or poorly maintained tracks.
- Equipment Defects – Defects can include objects protruding from the train, brake or wheel failure, or malfunctioning signals, lights, whistles, gates and other equipment at railroad crossings.
At Gold, Albanese & Barletti, we will investigate the root cause of your injuries and then take the parties that are at fault to court for causing your pain and suffering.
New Jersey Railroad Workers Injuries – FELA
Working with large and complex machines such as trains means there is always some risks while on the job. However, that does not mean railroad workers are not entitled to a work environment that is as safe as possible. In 1908, the Federal Employers Liability Act (FELA) was established as a means to protect the thousands of railroad workers employed across the nation. To this day, FELA provides a federal system for railroad workers and their families to pursue compensation for injuries incurred on the job.
FELA allows for suits to be brought in either state or federal court. However, unlike standard workers’ compensation claims, which operate on a “no fault” system, FELA requires that you show negligence on the part of the defendant (such as the railroad company or equipment manufacturer). Basically, a FELA claim seeks to prove that the defendant failed to provide the injured party with a safe workplace environment and that an injury was the result.
FELA cases are often much easier to prove fault in than in most other lawsuits. However, FELA claims are subject to a comparative negligence defense. The defendant(s) will try to show that some of the fault for the injury lies with the worker, thus diminishing the award the worker receives by a percentage equal to the degree of responsibility the worker had for their own injury.
FELA Compensation for Railroad Injuries
Under FELA, railroad workers can pursue legal recovery for:
- Medical Expenses
- Lost Wages
- Lost Benefits
- Disability Pay
- Funeral Costs
- Damages for Physical and Emotional Pain and Suffering
It is important to note that FELA claims have a three year statute of limitations, therefore it is critical that you act quickly and obtain legal help immediately to ensure proper compensation for your injury.
Experienced NJ Railroad Injury Lawyers Can Help You
Getting a fair and equitable settlement for your injuries in a railroad accident can be difficult. Whether you are a passenger, passerby or railroad worker in New Jersey, the railroad injury lawyers at Gold, Albanese & Barletti are ready and waiting to take your case. We will stop at nothing to make sure you receive the compensation you are rightfully owed. We have convenient offices in Red Bank, NJ and Morristown, NJ.