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How to File a Railroad Injuries Lawsuit If you are a railroad worker and you were injured on the job, you may be entitled to compensation. These workers are protected by a special federal law known as the Federal Employers Liability Act, or FELA. FELA requires railroad employees, unlike standard Illinois workers' compensation laws to prove that their employer is negligent. They must also show that the railroad did not adhere to safety rules. Accident Cause The railroad is a complicated machine with several independent systems that need to work efficiently to keep passengers safe. When one piece of equipment fails, it can cause catastrophic destruction and can lead to an accident that kills or injures people. The most common causes of train accidents is human error, negligent conductors, and track problems. Sometimes, a pedestrian or driver is responsible for a train accident. If you've suffered injuries in an accident involving trains, call an attorney right away to discuss your legal options. An attorney can assist you receive the appropriate medical treatment and can file a claim to claim damages, and pursue any restitution due to you. Railroad employees have the right to sue their employers for workplace injuries or illnesses under the Federal Employers Law (FELA). This is different from a workers' compensation case because the basis for a FELA claim must demonstrate that the company was negligent in providing workers with a safe and secure work environment in compliance with the law. Negligence is when a company did not take reasonable care to provide you with a safe workplace. If the negligence is proved that you have been injured, you can seek damages for your injuries, including mental distress and disfigurement. Human error is the primary reason behind train accidents. This is the case for conductors' as well as railroad employees' negligence in ignoring safety precautions, or operating the train while tired, distracted, or intoxicated. Other factors that cause train accidents are tracks with defects, for example broken rails or debris piled up on the tracks, or malfunctioning or inadequate safety equipment at railway crossings. Additionally, train operators who are not experienced who fail to adhere to safety procedures could be liable for an accident. Most often, these errors can cause serious and fatal injuries. Railroad workers injured in an accident need the advice of an attorney who is experienced in handling railroad injury lawsuits. they can ensure that their rights are safeguarded and the victims receive fair and just compensation for their injuries. Our firm has a demonstrated track record of taking on train accident cases and winning the most compensation for our clients. Exposure to Danger Railroad employees are exposed to a variety of dangers while working. From hazardous chemicals that are found on trains to chemical leaks that occur during accidents, the dangers are high. The Federal Employers Liability Act (FELA) states that railroads have a duty to use reasonable care to keep their employees safe from injuries. They also must create a safe space for their employees to work in. If a company fails adhere to this standard, they may be held accountable in a lawsuit. A FELA injury lawyer can help you hold your employer responsible for any health issues that you've gotten due to your work on the railroad. They can collect evidence, speak with medical professionals and determine whether there is a connection between the exposure and your health condition. Railroad companies often use toxic chemicals as well as other hazardous substances to clean, repair, and lubricate equipment. Welders can inhale harmful fumes during their work and repair personnel could be exposed to solvents like creosote and degreasing agents. Certain of these chemicals are HAZMAT-listed and may cause serious injuries to people who work around them. Chlorine and benzene are just two examples of toxic chemicals that have caused grave accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. Asbestos, another common substance used in the railroad industry has been linked to cancer mesothelioma as well as other illnesses. If you're a railway worker who was diagnosed with cancer due to the exposure to asbestos, a FELA lawyer can assist you obtain compensation for your suffering. Contact us today for an initial consultation for free if you have any questions or would like to discuss your legal options. We will evaluate your case and determine whether you have a valid claim to compensation. In addition to the most obvious dangers, there are many hidden threats in the railroad industry. First responders and crews of trains often don't know about hazardous chemical releases from wreck sites. Duty of Care If an employee is injured in a train accident, the worker is legally entitled to seek compensation from his employer. This is accomplished by filing a railroad injuries lawsuit under the Federal Employer's Liability Act (FELA). A worker must demonstrate that the railroad was negligent in causing their accident to be capable of filing a claim. This takes lots of work in order to establish the duty of care of the railroad. There are many factors to take into consideration when trying to prove a duty to care. California law has created the balancing test. The test of balancing is a complex mix of several elements which must be carefully evaluated against each other to determine whether the defendant owed the plaintiff any obligation of care or if they violated it. Each company has a different obligation of care. While the responsibilities of care may be different for a software company than one operating in construction, the responsibilities are the same as prevention, risk assessment and planning as well as communicating. Employee safety is a huge part of every company's business and is vital to the wellbeing of your employees. It's a good idea that your company has someone who is specialized in this area. Many companies have Safety Officers or Employee Health and Safety (EHS) who are accountable for ensuring a safe and healthy work environment. These employees are usually highly educated and can prevent future accidents. They can also assist in any concerns that arise from an accident injury that occurs at work. This includes seeking medical attention, finding lost wages or unwork days, and obtaining reimbursement for the time that was lost on the job. It could be a disaster for your family and you if your employer fails in their duty of care. It could also impact your job prospects since it could suggest that the company isn't competent and cannot maintain the safety of its employees. If you suspect that you have a claim against the railroad for injuries sustained in railroad accidents, it is important to speak with an attorney for free. Damages If you file a railroad accident lawsuit, there are several damages that you can claim. This includes medical bills, lost wages, pain and suffering, and compensation for any permanent disability you've suffered as a result of the accident. The amount of money you could be awarded will vary dependent on the circumstances surrounding your case, as well as your personal injury past. A successful claim requires an experienced FELA lawyer to gather evidence and prove the railroad was negligent in causing your injuries. One of the most common kinds of accidents that occur in the field of railroading involves exposure to harmful chemicals. For instance, benzene, creosote, and asbestos can all cause cancer or serious illness if employees are exposed to them. Railroad employees are able to prove their negligence by conducting an exhaustive investigation into their workplace. It is crucial to speak with an attorney as soon as you have been injured by a railroad employee. An experienced FELA railroad accident lawyer can assist you in obtaining the compensation you need to help you recover your losses and increase your living standards following a work-related incident. You will need to demonstrate that the railroad was negligent and that you weren't at fault for the accident. This is a higher burden of proof than the one you must meet in a workers' compensation claim. The Federal Employers Liability Act (FELA) states that railroads are bound by obligations to provide their employees with a safe environment to work. They are responsible for any injuries that you sustain in the event they fail to meet this duty. Damages incurred in a railroad accident lawsuit can be very significant, as the property that was damaged in the accident can be extremely valuable. This could include equipment, cars, and buildings. Sometimes, the company's lawyers will be more focused on getting a case settled quickly rather than avoiding having the jury give punitive damages. A knowledgeable FELA attorney who is specialized in railroad injuries can negotiate a fair settlement that is acceptable to both parties. This could make a significant difference in your case's outcome and the amount you recover.