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Workers’ Compensation

Railway FELA & Construction Workers’ Comp

Posted by on Sep 13, 2013 in Construction Accidents, Employment Law, Personal Injury, Workers' Compensation | 0 comments

The railroad industry is a lucrative business for many American laborers. According to the Association of American Railroads, people working in the railroad industry enjoy jobs ranging from engineers, dispatchers, law information, information technology, and industrial development. In addition to offering comprehensive benefit packages to workers, many railway companies are committed to employing veterans through the Joining Forces initiative.

Railroading jobs often demand high levels of physical exertion from their employees. The physically demanding setting of railways, coupled with the comparatively high potential of injury justifies the attractive benefits package included in railway workers’ compensation packets. The Federal Employers Liability Act (FELA) is a worker’s compensation act exclusively available to railway workers.

According to the website of the attorneys at Hach & Rose, LLP some high-damage accidents that occur on railways are head-on train collisions, derailment, crossing signal malfunction, platform gaps, excessive speed, non-operating tracks, mechanical failures, and boiler explosions. FELA protects victims of severe accidents including railway workers and their families. FELA cases are negligence-based, which requires the situation to be the fault of the railway company. Families are able to collect compensation for pain and suffering as well as lost wages when a worker suffers from a severe injury or even death.

Railway companies are responsible for maintaining the safest environment possible for rail workers in the same way that property managers and general contractors are responsible for providing well-marked working conditions for construction workers. According to the website of attorneys at Hach & Rose, LLP electrical lines should be marked clearly and powered down appropriately, natural hazards should be marked within the property, tools and vehicles should be operated properly, slip and fall hazards should be eliminated, and dangerous chemicals should not be present at a work site. When these maintenance requirements are violated property managers can often be held liable for injuries sustained by workers.

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Work Injury and Reconstructive Surgery

Posted by on Sep 8, 2013 in Personal Injury, Workers' Compensation, Wrongful Death | 0 comments

In worst case scenarios, accidents can cause serious harm to victims. Occupations like construction work or railway maintenance are physically trying on the body. In addition to this day-to-day wear and tear on the muscles, working as a laborer puts workers at a higher risk of sustaining a severe work-related injury.  Many of the reported work-related injuries are caused by repetitive motion or unsafe worksites. Workers often suffer from knee, neck, shoulder, and back pain as a result of this repetitive motion.

In 2012 Michael Simermeyer was killed when working on a construction site. A frayed cable caused a tractor crane to collapse which crushed him. Recently, in August of 2013, his parents have collected one million dollars from Yonkers Insurance for neglecting to monitor and maintain the operating condition of the crane. Workers compensation initiatives are put in place in order to protect workers in high-risk environments. In cases like the Simermeyer family’s, the families of work-site victims can sometimes collect benefits from the party at fault in a wrongful death lawsuit.

When a victim survives a traumatic accident, the recovery process is a very important timeline to honor. In order to heal, continual rest, nourishment, and rehabilitation are necessary. Workers are entitled to a higher amount of money for a longer amount of time if an injury like an amputation occurred as a result of the property management’s negligence.

Money paid to injured workers is intended to cover multiple costs. Since injured workers can’t work as a result of the employer’s negligence, they are still entitled to the payment they would receive had the injury never occurred. In addition to this payment, they are entitled to financial compensation for medical costs. Worksite victims may need reconstructive surgeries like a rhinoplasty or expensive prosthetic equipment that they shouldn’t be responsible for purchasing out-of-pocket.

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