Each year, there are numerous claims filed involving railroad crossing accidents, these include serious injuries due to poorly maintained, outdated, or defective train equipment; a conductor's failure to use a horn or whistle; trains exceeding locally or state-imposed speed limits; trains traveling too fast through cities, across roadways, or near residential areas; negligent, inattentive, overly fatigued, or improperly trained employees and conductors; encroachment of plant growth on train tracks; improperly maintained tracks or curves in the track; obstructed rail path; dangerous crossings; faulty equipment; and many more. These not only affect railroad employees, but passengers and passers-by.
The most frequently reported railroad injuries are: neck, shoulder and back injuries, broken bones, lifting injuries, crush injuries and wrongful death. Others include, slipped, herniated and blown discs, lost limbs, sprains and strains, cuts and fractures, repetitive stress injuries and falling injuries.
If you have been injured, you may be required to speak to a railway representative, file a claim or sign and make a formal statement and may be subject to further investigation. Remember to always read the report thoroughly and request a copy. If possible, postpone completing any documents until you have had an opportunity to speak to the appropriate union legal counsel or an attorney at Morici, Figlioli & Associates. When a personal injury report is completed, employees/the injured may not be aware of specific defects that caused or contributed to the injury.
Injured workers are entitled to receive just and full compensation. However, the railroad is not going to pay a fair amount unless an injured employee can prove the railroad company was negligent. When an employee is injured or killed and the railroad is at fault in causing the accident, he or his survivors are entitled to recover more than the time or wages lost.
At times, injured employees will settle claims before their injuries have fully healed, or because they didn't obtain a proper medical evaluation, consultation and treatment. These are very complex cases and require an experienced team of attorneys who understand the local, state, and federal laws that govern railroad operation.
To learn more about how Morici, Figlioli & Associates can help you, your family, or your friend regarding a railroad injury, or if you just have questions, please call our office at (312) 372-9600, or click here to request a completely free consultation.