Texas train accident attorneys explain contract worker's rights.
A contract employee of a rail company has a different set of circumstances in the case of an accident on the job. Because the worker is contracted out to the rail company they are subject to a different set of rules and procedures following an accident that must be addressed by an experienced attorney. Fighting the rail company by yourself could end up with you paying for medical bills that were the result of their negligence.
Our train accident attorneys have over 25 years of experience fighting for compensation for railroad workers. Just because you may be a contract worker and your company doesn't carry workers compensation insurance, doesn't mean that you're left without options
Questions answered in this article:
- Which laws protect rail employees injured on the job?
- Which companies are in the Class I category?
- What should I do if I am injured by one of these large railroad companies?
Let's explore two scenarios that explain compensation to contract workers following an accident:
- The contractor is covered by workers compensation insurance:
First, if the worker is a third party contractor we will need to look to see if his contracting company carries workers compensation insurance. If there is workers compensation insurance, specifically in the case that the worker was killed, then the family of the contractor is limited to a gross negligence claim against the contracting company. This means that the decedent's family will be unable to recover for lost wages, pain and suffering, or value of life damages.
Basically, the decedent's family will not be able to recover any of the types of damages that you typically think of in wrongful death cases. You can only collect punitive damages on these types of cases. Punitive damages are awarded when a defendant has acted with reckless and wanton disregard for the safety of others. The jury will award the punitive damages amount and in so doing will send a message to this company and to others to change the behavior that caused the injury. Proving that the rail company was reckless is very different than just proving negligence, however.
- The contractor is not covered by workers compensation insurance:
Lets assume that the contractor did not have workers compensation insurance. This sets up a scenario commonly referred to as a "non-subscriber case". A non-subscriber case limits the contractor and or employer to the defense of "sole proximate cause". Sole proximate cause is a defense in which a contractor or employee is forced to argue that the employee was 100% responsible for the accident. Understand that in the contractor scenario the plaintiff would have to show that the railroad was controlling the actions of the worker at the time of his death, thus, making the accident occurrence unavoidable.
If we can't win your case, you don't owe us a cent.
As you can see, contract workers have a different set of hurdles they must jump over to get the compensation they deserve following a rail accident. Don't put your family's future up to chance. Hire Grossman Law Offices to represent you in your time of need. Our team of attorneys and subject matter experts are prepared to argue your case on your behalf to get the compensation you need. Give us a call today: (855) 326-0000. If we can't win your case, you don't owe us a cent.
Related Articles For Further Reading:
- Common Defense Tactics in a Train Injury Lawsuit
- How the Federal Railroad Safety Act Impacts Injured Rail Workers
- Common Train Accident Scenarios