Claiming compensation from the government
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Working for a railroad company can be a hazardous business. There are many places that can potentially be dangerous and if your employer doesn’t make sure that you’re working in a safe environment, it can be easy to get injured. The sad news is that your employer is not likely to have your best interest at heart. Railroad accidents fall under the Federal Employers Liability Act (FELA) which means that they have to compensate you for all of your losses if it’s proven that they were negligent. And they definitely don’t want to do that.
Covering up negligence
Naturally, they will do their very best to cover up their negligence and let you take the fall. They will try to make you feel like a bad person for filing a complaint and will trivialize your injuries. When you do decide to file a complaint, they will try to get you to confess that it was your fault. They will bombard you with confusing incident and accident reports in the hope that it will hide their negligence.
This is why it’s important to collect evidence of your injuries, get witness accounts such as eyewitnesses or fellow employees that can confirm that the working environment was dangerous and that it was brought under the attention of the railroad company. Keep a diary where you note down anything that you can remember about the accident and the events following the accident.
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Did you know that texting while driving makes you 23 times more likely to cause an accident? In fact, 30% of all car crashes in the United States are the result of drivers texting while driving. What’s more, texting while driving has been found to be more dangerous than driving under the influence of alcohol. Believe it or not, if you text while drive, the five seconds slower reaction time means that you will be traveling the length of a football field before you react to a possible accident – a sure fire way to get into trouble.
Texting while driving is negligence
The reason why we emphasize the word cause in the previous paragraph is that, if you are in a car accident due to texting while driving – you will be held liable for the crash. And if anyone got hurt in the process, they may very well make a civil case against you for personal injury. Texting while driving is a form of negligence, one of the fundamental pillars on which a personal injury case is built against you.
What they can sue you for
- Damage to their car
- Medical bills
- Out of pocket expenses like rental cars etc.
- Pain and suffering such as emotional distress
All of these can cost a pretty penny. And if you add these expenses to the legal costs you’ll have to ask yourself whether that text was that important.
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School district sued for $100k after teen breaks ankle during school “drunk goggles” simulation
What can go wrong in a health class, right? Ask Kylie Nielson from Kaysville, Utah who broke her ankle while wearing “drunk goggles” – a simulation aimed at teaching kids about the dangers of alcohol abuse. She broke her ankle in multiple places after getting her foot stuck under a desk during the simulation.
Compensation for shattered hopes and dreams
The student had to undergo two surgeries to fix her ankle, and her one leg is now shorter than the other. This is especially unfortunate as Kylie was a former track star and can now no longer participate in her sport. Kylie’s medical and legal expenses amounted to $39 000 and the school district sued had to fork out a further $39 000 for pain and suffering.
The dangers of negligent choices
Letting children run around a classroom playing tag wearing “drunk goggles” was an exciting but not very prudent way of teaching kids about the dangers of alcohol abuse. This was definitely a case of negligence on the part of the teacher as the court results showed.
The role of personal injury cases
While the “drunk goggles” is perhaps not the most common factor in personal injury cases, there are thousands of people who get into accidents that ruined their hopes and dreams as Kylie’s were. Filing a personal injury case to compensate for medical bills, lost wages and personal suffering can help, but one has to wonder whether monetary compensation really makes up for personal injury.
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Can I get fired for suing my boss? First things first. You can’t really sue your employer if you got hurt at work. Work-related injuries happen all the time, especially if you’re working in a high-risk environment. However, most of the time workers can make use of workers compensation provided by the employer which pays for their medical bills and financial losses due to out-of-work days. Workers compensation also means that you can’t sue your company for personal injuries on top of being compensated. Yet, there are a few exceptions to the rule.
When can I sue my boss for personal injuries?
- If your employer didn’t compensate you according to the worker compensation agreement
- Wrongful termination
- Intentional injury (in some states, including New York)
- Third party injury (if you know for a fact that your employer knew you were dealing with a trigger-happy, reckless maniac)
- Exposure to toxic substances (on purpose or through gross negligence)
- Defective work products or tools (providing the employer knew about it)
Can I get fired for suing my boss?
Well, if your employer is completely unreasonable, we guess you could get fired. Who knows how your employer will react. They might demote you, belittle you or even fire you. The good news is that there is one more reason for which you can sue your employer for personal injury – Retaliation. If you’ve filed a workers compensation claim and your employer turns into a big meany about it, you can sue them for personal injury. By law, they are not allowed to retaliate against you by firing you, demoting you or otherwise treat you unfairly.
The final answer
If you got injured at work, you can’t sue you your employer except under very specific circumstances. You have to file for workers compensation. There is a chance that you could get fired. But the law protects you against such actions by allowing you to sue for personal injury due to retaliation.
Please call the Experienced New York City Personal Injury Attorneys at Linden Law if you have questions about your potential case at 212-804-8440.
Let’s imagine that a person was run over by a car and suffered severe injuries. The person filed a personal injury complaint, the lawyers agreed that he had a good case and a legal battle followed. Midway through the proceedings – the victim of the accident dies due to his injuries. What happens now?
Any uncompleted actions in the personal injury case are now ceased
Furthermore, any claims for damages due to pain and suffering are now no longer relevant. The case now belongs to the victim’s estate and his representative will be responsible for tying up the loose ends.
A wrongful death case can now be pursued
If the victim died before the case reached such a point where the victim could be compensated for his expenses, the family can decide to file a wrongful death case. Now that the victim is deceased, the costs that need to be compensated for is a lot different. Now, a whole lifetime of wages hangs in the balance as well as funeral costs, financial support given to others such as educational assistance as well as the medical expenses incurred while the victim was still alive.