The first thing that railroad workers need to understand about the Federal Employers Liability Act (FELA) when it comes to workplace injuries is that this act is quite different compared to Worker’s Compensation. FELA allows for full recovery of damages due to a negligent act of the railroad company or a co-worker. Because of this, railroad companies try their best to hide their negligence and to prevent you from collecting evidence of your injuries that can be used in a FELA case. Don’t buckle under the pressure – contact a professional lawyer with experience in FELA cases to help you claim compensation for the damages that you suffered.
Medical care first
It’s very important that you seek medical care immediately and without the interference of your employer to ensure that the medical care you receive only pertains to your workplace injury and is also unbiased. Any prescriptions, X-rays etc. as well as lost time means that your employer need to report your accident to the Federal Government, and as you can imagine, your employer will be very reluctant to do so.
If you’re planning on filing a FELA complaint you have to be very specific when you tell your doctor about how you sustained your injury. Be sure to mention any faulty equipment or dangerous working environments when describing the incident. Your doctor can serve as a medical witness, but can only give accurate information if you provide it. In follow-up visits, be very specific about any symptoms you are still experiencing. Tell your doctor about the pain in your knee when your sit down, or the pain in your back when you wake up in the morning. This will help your doctor to set up an accurate treatment plan and will also help your doctor to describe the full extent of your injuries when called upon as a medical witness.
- Witnesses who knew about the unsafe working conditions
- Witnesses who knew about any complaints filed about the unsafe conditions
- Any persons you have talked to about the incident other than company officials
- Any person who have knowledge of the car or equipment that you worked with
- Any person with experience in your specific job
- Social contacts who can contest that you are behaving in a way that indicates personal suffering
Use a daily diary to collect evidence
Write down every detail of your day in a daily diary. This will give you ample information on how your work was affected by your injury, how much income you lost due to lost work days, your employer’s attitude towards you after the incident and so forth. The information in your diary will be very useful when preparing your FELA case.
Don’t fill out the incident report before you’ve received medical attention. Make sure that you have a clear mind when you fill out the form so that you don’t miss any details that may prove the negligence of your employer. If your employer fills out the form on your behalf, be sure that you are of sound mind when you read it and only sign if you’re absolutely certain that the information on the form is correct.
The purpose of this report is to determine whether the accident was due to negligence. This form bombards you with confusing questions and often results in proving that you were working in a safe environment and that the employer was not at fault. Be very careful when you fill out the report and take your time to make sure that you understand what is meant by each question if you want to file and win a FELA case.
Violation of safety acts
By law, railroad companies need to abide by the specifications of two acts to ensure that they have created a safe working environment: the Locomotive Inspection Act and the Federal Safety Inspection Act. If your employer violated any of these acts, it serves as proof that they were definitely at fault. Consult a lawyer who is familiar with FELA to help you prove whether your employer violated these laws.
Be sure that your lawyer is familiar with FELA cases
Many personal injury lawyers claim that they handle FELA cases, but in truth have limited experience in this matter. Ask your law firm whether they have dealt with FELA cases before, how long they have been taking care of FELA cases, and whether they have won any of these cases.
Linden Law specializes in FELA cases and you can trust our lawyers to give you the legal advice and services that you need to win your FELA case.
Traveling by cruise ship is supposed to be a relaxing and fun experience. The last thing that you want to happen on a cruise is to get injured or sick because the cruise ship personnel were negligent. There’s nothing that ruins a holiday like a cruise ship accident.
It’s one thing to sue for personal injury due to an accident on land, but cruise ship accidents are a whole different kettle of fish when it comes to claiming personal injury compensation. Firstly, cruise ship accidents are covered by maritime law. Secondly, the personal injury claim must be made in the state or country where the cruise ship is headquartered. Although there are cruises that depart from New York, many cruise ships are headquartered in Florida, making it difficult for New York citizens to file a personal injury complaint due to a cruise ship accident. You can check the back of your ticket to know in which state you have to file your complaint if you have been the victim of a cruise ship accident.
To make a claim against a cruise ship operator, you have to be able to prove that the cruise ship employees or operator were negligent and that this was the cause of the accident. This means that you have to prove that any reasonable cruise ship operator and its employees should have known that the conditions under which the accident happened were dangerous and that they didn’t attempt to fix the problem.
If you got sick or injured due to medical administrations by the ship doctor, you have to make your case of medical malpractice against the doctor as many ship doctors are contractors and not employees of the cruise ship operator.
Filing a personal injury complaint due to a cruise ship accident can lead you through a labyrinth of legal technicalities in order to be compensated for your medical bills and loss of wages. The best is to go talk to a personal injury lawyer who specializes in cruise ship accident personal injury cases. Linden Law’s qualified lawyers will review your case for free to determine whether you can file a complaint against the cruise ship operator.
Countless commuters in New York City and New Jersey areas use bus services to travel from home to work and back each day. MTA transits millions of passengers per work week to and from New York City while NJ Transit brings more people to New York City every day. In addition to these bus services, school bus services, city bus services, and tour buses contribute to the bus traffic.
Each of these passengers put their lives and their trust into the hands of the bus drivers without even thinking about the risk of being involved in a bus accident. Yet, in 2013, 18 000 bus crashes in the United States resulted in injury. Often these cases are the result of negligence on the behalf of the bus driver or the bus company. Tired drivers, reckless driving, and unsafe vehicles can all result in fatal bus accidents or personal injury. Even though traveling by bus is relatively safe compared to traveling with other vehicles, the major factor to consider is that bus accidents are beyond the control of the passenger who may suffer personal injury. You don’t have any control over whether the driver is in a state to drive the vehicle or whether he will adhere to safe driving practices. You have no choice but to trust that the bus driver will transport you to your destination safely. For that reason, personal injury due to bus accidents can be a traumatic event. Even so, if you have suffered personal injury from a bus accident, you have to contact a personal injury lawyer to investigate your case as soon as possible – within 90 days to be exact. You trusted the driver and you deserve to be compensated for this breach of trust.
Linden Law specializes in personal injury due to bus accidents and will be able to find out who is liable for your medical costs due to personal injuries from the accident as well as compensation for pain and suffering. If you or your loved one was a victim of a bus accident, Linden Law will be at your side to help you get the compensation that you deserve. Don’t wait until it’s too late – contact our expert lawyers now.
Motorists are often not tuned in to be on the lookout for possible collisions with cyclists. Cyclists are much more vigilant on the road, yet, when a bicycle accidents occurs, they are more likely to suffer serious injuries. Bicycle accidents resulting in personal injury are common in New York City, especially in Manhattan and Brooklyn. Cyclists involved in a bicycle accident may be tempted not to react on the accident if the driver of the vehicle apologized. Even so, they have every right to contact a personal injury lawyer to claim expenses for medical bills, loss of wages, and personal suffering without feeling guilty as the driver’s insurance company is likely to cover the bill.
If a cyclist has been in a bicycle accident and sustained personal injuries it is important that he or she collect as much evidence as possible on the scene, as this information will be useful to build a personal injury case in the future. Eye-witness accounts, confessions of negligence from the driver, photos of the scene of the accident, thorough notes of what the cyclist remembers about the time just before and during the bicycle accident can all contribute to claiming personal injury compensation for medical expenses and losses. After receiving the necessary medical attention, cyclists who have been in a bicycle accident can take their notes and evidence that proves that the other party was negligent to an experienced personal injury lawyer to determine whether or not they have a case.
Linden Law specializes in personal injury cases based on vehicle accidents and will gladly provide a free consultation if you have been in a bicycle accident and want to make a personal injuries claim. If we determine that your personal injury case has merit, we won’t charge you any fees unless we win the case.
The state of New York is very much aware of the poor conditions in which many nursing home patients find themselves. Therefore they have tightened the rules for nursing home abuse in the state of New York. Understanding your loved one’s rights as a nursing home patient is the first step to protecting him or her from nursing home abuse.
According to the New York State Department of Health patients in a nursing home have several rights that protect them in the case of nursing home abuse. If any of these rights are breached, the patient and their families have the right to file a complaint. These rights include:
The New York State Department of Health takes nursing home abuse very seriously. If a complaint is made regarding a nursing home abuse incident, the Department conducts a surveillance of the specific nursing home to investigate whether proper care is given at the nursing home in question.
Google reviews of nursing homes
Physical signs of nursing home abuse
Removing your family member from a nursing home
- On average, 10 taxi accidents are reported each day.
- In 70% of those accidents, someone ends up getting hurt.
- Taxi companies arrange for a maximum of $100 000 per person for injuries due to a taxi accident and a maximum of $300 000 for all passengers combined.
- Taxi drivers’ income is directly related to their crash incidents. The higher their income, the less likely the driver is to make a taxi accident. The reverse is also true.
- Taxi passengers are more likely to be injured in a taxi crash than passengers in a normal car crash. This is partly because only 38% of taxi passengers wear seat belts compared to 90% seat-belt wearing passengers in private cars.
- Taxi drivers who own their own cars are less likely to be involved in a taxi accident than taxi drivers who lease their cars.
- One in every five car accidents in New York City was a taxi accident.
- Taxis are only involved in 16% of pedestrian crashes that lead to death or serious injury.
- The New York City Taxicab Fact Book doesn’t contain any stats on taxi accidents. Hmm…
- In 2014, the Upper East Side was the number one spot for taxi accidents with a whopping 2056 accidents occurring between March 2014 and April 2015.