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How to File a Railroad Injuries Lawsuit If you are a railroad worker and you have been injured while working, you may be entitled to compensation. Federal Employers Liability Act (FELA) protects workers. Unlike standard Illinois workers' compensation laws FELA requires railroad employees to prove that their employer was responsible for injuries due to negligence. They must be able to demonstrate that the railroad did not follow safety standards. Accident Cause The railroad is a complicated machine with a variety of independent systems that must work efficiently to keep passengers safe. When a single piece of equipment fails it can cause catastrophic damage and cause an accident that kills or injures people. The most frequent causes of train accidents are human negligence, negligent conductors and track problems. Sometimes the driver or pedestrian is the cause of an accident. If you were injured in an accident involving trains, call an attorney right away to discuss your legal options. An attorney can assist you get medical treatment that is appropriate and file a claim for damages, and request 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' comp case. A FELA claim must establish that the company failed to provide a safe working environment as required by law. Negligence means that the company did not exercise reasonable care to provide you with a secure work environment. If you are able to establish negligence, you'll be entitled to money damages for your losses , which include physical pain, mental anguish, and disfigurement. Human error is the leading cause of train accidents. This includes conductors' and railroad employees' negligence in failing to take safety precautions, operating the train when exhausted, distracted, or intoxicated. Other factors that can cause accidents on trains include tracks that are damaged, such as broken rails or debris on tracks, or faulty or inadequate safety devices at railway crossings. Train operators with a lack of experience can be at fault for an accident if they fail to follow safety guidelines. Most often, these errors can cause serious and fatal injuries. Railroad workers who have suffered injuries should seek out a lawyer who is skilled in railroad accident lawsuits. They will be able to protect their rights and ensure that victims receive fair and equitable compensation for their injuries. Our firm has a demonstrated track record of taking on cases involving train accidents and obtaining the most compensation for our clients. Dangerous Exposure Railroad employees are exposed dangers while working. From hazardous chemicals used on trains to chemical leaks that occur during accidents, the dangers are high. The Federal Employers Liability Act (FELA) states that railroads have an obligation to use reasonable care to keep their employees safe from injuries. They are also required to provide them with a reasonably safe place to work. A company could be sued if they fail to meet this standard. A FELA injury lawyer can assist you in holding your employer accountable for any health conditions that you've gotten due to your work on the railroad. They can gather evidence, talk with medical professionals and establish an association between the exposure you had to and your health condition. Railroad companies typically use toxic chemicals as well as other hazardous substances to clean, repair, and lubricate equipment. Welders could be exposed to toxic fumes during their work, and general repair workers may be exposed to cleaning solvents, such as creosote or degreasing agents. Certain of these chemicals are listed as hazardous substances and could cause serious injuries to people who work around them. Chlorine and benzene are two examples of toxic chemicals that have caused serious accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. Another substance that is commonly that is used in the railway industry is asbestos which has been associated with cancer mesothelioma as well as other diseases. A FELA lawyer can help railroad workers who have been diagnosed with cancer as a result of their exposure to asbestos. Contact us today to get a free consultation if you have any questions or would like to discuss your legal options. We'll review your case and determine whether you have a legitimate claim for compensation. There are hidden dangers in the railway industry, as well as the obvious dangers. First responders and crews of trains often don't have the knowledge of dangerous chemical releases from wreck sites. Duty of Care When an employee is injured in a railroad accident, the worker is legally entitled to seek damages from the employer. This is done by filing a railroad injury lawsuit under the Federal Employer's Liability Act. A worker must prove that the railroad was negligent in causing their accident , to be capable of filing a claim. This takes a lot of work to establish the duty of care of the railroad. There are many factors that must be considered when trying prove a duty of care. California law has created the balancing test. The testing of balancing is a complicated mixture of a variety of factors which must be carefully evaluated against each other in order to determine if the defendant owed the plaintiff a obligation of care or whether they violated it. The responsibility of care differs from company to company. It can be different from a construction company to a software company, but the same duties apply to both including prevention, risk assessment, planning, and communication. Employee safety is an essential element of any company's business and is essential to the well-being of your employees. It's a good idea for your business to employ someone who is an expert in this area. Many companies have dedicated Employee Health and Safety (EHS) or Safety Officers, who are responsible to ensure a healthy and safe working environment. They are knowledgeable and experienced in their area of expertise, which can aid in preventing accidents in the future. They can also assist with any issues that might arise from an accident injury at work. This includes seeking medical attention, locating lost wages or missed work days, and getting reimbursement for the time that was lost on the job. However, if your employer fails in meeting their duty of care, it could be devastating for you and your family. It could also affect your employment prospects as it could signal that the business isn't competent and is not able to maintain an environment of safety. Accident Injury Lawyers is why it's crucial to consult an attorney free of charge if you think that you might have a case for a railroad-related injury lawsuit. Damages There are a variety of damages that are available to railroad injury victims when they file a lawsuit. This includes medical bills, lost wages along with pain and suffering and the cost of any permanent disability you have incurred due to the accident. The amount you'll be awarded will depend on the history of your personal injury as well as the circumstances that surround 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 dangerous chemicals is one of the most frequent causes of accident in the railway industry. For instance, benzene, creosote, as well as asbestos can all cause cancer or other serious illness if employees are exposed to these substances. Railroad employees can prove their negligence by conducting a thorough investigation of their work environment. If you're injured as a railroad worker and are unsure of your legal rights, it's essential to talk to an attorney right away. An experienced FELA railroad accident lawyer can help you obtain the compensation you need to compensate your losses and improve your living standards following a work-related incident. In addition to showing that the railroad was negligent, you'll be required to prove that you were not at fault in the incident. This is a more difficult task than what you'd have to prove in a workers compensation claim. The Federal Employers Liability Act (FELA) states that railroads have the obligation of providing their employees with a safe space to work. If they fail to meet the obligation, they're accountable for any damages you incur as a result of your injuries. Damages incurred in a railroad accident lawsuit can be significant in that the property that was damaged in the accident can be extremely valuable. This can include vehicles, equipment, and buildings. Sometimes, the company's lawyers will be more focused on settling a case quickly rather than having the jury award punitive damages. An experienced FELA attorney who is skilled in railroad injury claims can negotiate a fair settlement that is agreeable to both sides. This could make a huge difference in the outcome of your case as well as your recovery.