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How to File a Railroad Injuries Lawsuit You could be eligible for compensation if you are a railroad worker who was injured on the job. Federal Employers Liability Act (FELA) protects these workers. FELA requires railroad employees, unlike standard Illinois workers' compensation laws, to prove that their employer is negligent. They must show that the railroad did not adhere to safety standards. Accident Cause The railroad is a complicated machine with several independent systems that must work efficiently to ensure that passengers are safe. If a single piece of equipment fails it can cause catastrophic damage and result in an accident that kills or hurts people. Negligent conductors, human error, and track problems are some of the most frequently cited causes for train accidents. Sometimes, a driver or pedestrian is the cause of a derailment. Contact an attorney immediately if you've been injured in a train crash. Your lawyer can assist you to get the proper medical treatment and also file a claim for damages, and seek any restitution you are due. Railroad employees have the right to sue their employers for workplace injuries or illnesses under the Federal Employers Law (FELA). This is different from the workers' compensation lawsuit because a FELA claim must show that the company was negligent in providing you with a safe working environment as required by law. Negligence occurs when a company did not take reasonable care to provide a safe work environment. If you are able to establish negligence, you'll be entitled to money damages for your losses , which include physical discomfort, mental anguish and disfigurement. One of the primary causes of train accidents is human error. This includes conductors or railroad employees' inattention to safety guidelines or operating the train when distracted, fatigued or drunk. Other factors that contribute to train accidents include tracks that are damaged, such as broken rails, debris on the tracks, or malfunctioning or inadequate safety equipment at railway crossings. In the same way, train operators with inadequate experience who do not follow proper safety guidelines can also be liable for an accident. In many cases, these mistakes can cause serious and fatal injuries. Railway workers who have been injured must seek out the help of an experienced lawyer with experience in handling railroad injury lawsuits. they will be able to ensure that their rights are protected and that the victims receive fair and just compensation for their injuries. Our firm has a history of obtaining the highest payout for our clients in train accidents cases. Exposure to Danger Railroad workers face a myriad of risks during their work. The risk is very high, from dangerous substances found on trains to chemical spills in accidents. Federal Employers Liability Act (FELA) states that railroads must perform a duty of reasonable care to keep their employees safe from injury. They also have a responsibility to provide them with a reasonably secure workplace. A company could be accused of negligence if they fail to adhere to this standard. An FELA lawyer can help you hold your railroad employer responsible for any injuries you might have sustained while working on the railroad. They can gather evidence, talk with medical professionals and establish a correlation between the exposure you endured and your health condition. Toxic chemicals and other hazardous materials are often used by railroad companies to clean, repair, and lubricate their equipment. Welders can inhale toxic fumes when they work or working on repairs, while general workers might be exposed to solvents like creosote as well as degreasing agents. Certain of these compounds carry some of them a HAZMAT designation, and can cause serious injuries to people working around them. Chlorine and benzene are two examples of harmful chemicals that have caused severe accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. Asbestos, a different substance used in the railroad industry has been linked with mesothelioma, a type of cancer, and other illnesses. If you are a railway worker who was diagnosed with cancer as a result of the exposure to asbestos, a FELA lawyer can help obtain compensation for your suffering. If you have questions regarding your case, or you'd like to discuss your legal options with an experienced railroad injury lawyer, contact us now for a no-cost consultation. We will examine your case and determine whether you have a legitimate claim to compensation. There are hidden dangers in the railroad industry, as well as the obvious dangers. First responders and crews of trains often don't know about hazardous chemicals released at wreck sites. Duty of Care When an employee is injured in a railroad accident, the employee has the legal right to seek compensation from the employer. This is accomplished through an injury lawsuit against the railroad under the Federal Employer's Liability Act (FELA). In order to be awarded compensation for this kind of injury, the injured party must prove that the railroad was negligent and that the negligence caused the accident. This is a complex task that requires the railroad to prove a duty of care. There are a myriad of things to consider when attempting to prove the existence of a duty of care including the balancing test that was created by California law. The balancing test involves several elements that must be carefully weighed against each other to determine whether the defendant owed the plaintiff the duty of care and whether they violated that duty. Each business has its own obligation of care. It could be different for a construction company to software companies, however the same duties apply in both cases including prevention, risk assessment planning, communication, and risk assessment. Employee safety is an integral part of any company's business. It's crucial for the health and well-being of your employees. This is why it's best that you have someone dedicated to this aspect of your business's operations. Many companies have Safety Officers or Employee Health and Safety (EHS), who are responsible for ensuring a secure and healthy workplace. They are knowledgeable and experienced in their field of expertise, which can aid in preventing accidents in the future. They can also help with any issues that could arise from an accident injury at work. This includes seeking medical attention, tracking down the lost wages or missing work days, and obtaining reimbursement for time lost on the job. However, if your employer fails to uphold their obligations to protect, it could be devastating for you and your family. It could also affect your future job prospects because it could be an indication that the business is not competent and unable to maintain a safe workplace. If you believe that you have a claim against the railroad for injuries sustained in railroad accidents it is essential to consult an attorney at no cost. Damages There are numerous damages that are available to railroad injury victims when they decide to file a lawsuit. These include lost wages, medical bills and pain and suffering as in addition to the compensation for any permanent disability that you may have suffered as a result. The amount you will get depends on your personal history of injuries and the circumstances surrounding your case. A successful claim requires an experienced FELA lawyer to collect evidence and prove that the railroad was negligent in causing your injuries. Exposure to hazardous chemicals is among the most frequent causes of accident in the railway industry. For instance, benzene, creosote and asbestos can cause cancer or another serious illness if employees are exposed to them. Railroad employees can prove their negligence by conducting an extensive investigation of their work environment. It is important to consult an attorney right away if have been injured by a railroad employee. A knowledgeable FELA railroad injury lawyer can help you get the compensation you need to cover your loss and restore your quality of life following a work-related accident. In addition, to prove that the railroad was negligent, you will also need to show that you were not responsible in the accident. This is a more difficult task than what you'd have to prove in a workers compensation claim. Federal Employers Liability Act (FELA), states that railroads must fulfill an obligation of care for their employees. If they fail to meet this obligation, they will be accountable for any damages you suffer as a result of your injuries. The damages for a railroad accident lawsuit can be significant in that the property that was damaged in the accident can be extremely valuable. This could include cars, equipment or even buildings. In many cases, the company's lawyers will be more concerned with the speed of settlement rather than avoiding having the jury give punitive damages. A knowledgeable FELA lawyer who specializes in railroad injury claims can negotiate a fair settlement that is agreeable to both sides. This can make a huge difference in your case's outcome and your recovery.