New York & New Jersey Railroad Accident Injury Lawyer & Attorney
Are You a Victim of a Railroad Accident Injury in New York or New Jersey?
Many railroad accidents occur each year in New York & New Jersey, often with devastating results. At the law office of Robert A. Solomon, P.C., we will thoroughly investigate the facts surrounding the accident to determine how the accident happened and who is at fault.
Railroad accidents cases involve complex laws and regulations. At Robert A. Solomon, P.C., we understand the regulations and can help you whether you live in New York or New Jersey.
FELA (Federal Employers Liability Act)
Under FELA, If the injury to the employee was not caused by the employer's negligence, then there can be no recovery for pain and suffering and disability. However, the employer is still responsible for paying the employee's medical bills and a percentage of his or her lost wages. This is called maintenance and cure.
One unfortunate aspect of the FELA law is that if the injured worker reaches maximum cure, the employer need no longer pay for his medical bills. In other words, if medical bills are purely for "palliative" treatment (that is, to treat pain) rather than providing functional improvement, the employer can cut off benefits. If the employer was negligent, you are entitled to compensation for pain, suffering, disability, disfigurement, future pain and suffering, lost wages and all medical bills."
For example, if there is no cure for a employee's back pain and the patient is functionally as good as he will get, then paying for prescriptions to alleviate pain will be the responsibility of the employee, not the employer. It's unfair, but it's the law. The only way to force an employee to pay for "palliative" treatment is if we can prove the employer was negligent or did not provide a safe place to work. If there is a dispute regarding whether treatment is palliative or not the court will generally rely on the word of your treating physician.
To sum it up, if the employer was negligent, you are entitled to compensation for pain, suffering, disability, disfigurement, future pain and suffering, lost wages and all medical bills. If the employer was NOT negligent, then you are entitled to maintenance and cure that is payment of medical bills and a percentage of your lost wages until you have reached a state of maximum medical improvement.
With over 28 years of experience, Robert A. Solomon, P.C., has the knowledge and expertise to answer your questions after your railroad accident.