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How to File a Railroad Injuries Lawsuit If you are railroad employee and have been injured while working, you may be entitled to compensation. Workers who are injured are protected by a specific federal law referred to as the Federal Employers Liability Act, or FELA. FELA requires railroad employees, in contrast to standard Illinois workers' compensation laws, to prove that their employer is negligent. They must also show that the railroad violated safety guidelines. Cause of the Accident The railroad is a complex machine with a variety of independent systems that must work correctly to ensure the safety of passengers. When a single piece of equipment malfunctions it could cause severe damage and cause an accident that kills or injures people. Some of the most common causes of train accidents are human errors, negligent conductors and track problems. Other times, a driver or a pedestrian is responsible for a derailment. Contact an attorney immediately if you've suffered injuries in a train crash. Your lawyer can assist in obtaining medical treatment, submitting an action for compensation, and seeking any restitution that is due to you. Railroad employees are entitled to sue their employers for workplace injuries or illnesses under the Federal Employers Law (FELA). This is distinct from an injury claim for workers' compensation because a FELA claim must establish that the company was negligent in providing you with a safe working environment, as required by law. Negligence happens when a business did not take reasonable care to provide a safe work environment. If you can prove that you were negligent, you will be entitled to damages for your losses , which include physical emotional pain, mental trauma, and disfigurement. Human error is the main reason for train accidents. This is the case for conductors' as well as railroad employees' negligence in ignoring safety precautionswhile operating the train while exhausted, distracted or drunk. Train accidents may also be caused by track imperfections like broken rails or debris, or insufficient security devices at railway crossings. Similar to train operators who are inexperienced who do not follow proper safety guidelines can also be responsible for accidents. These errors can result in fatal and severe injuries. Railroad workers who suffer injuries should consult a lawyer who is experienced in railroad injury lawsuits. They will be able to protect their rights and ensure that the victims receive fair and equitable compensation for their injuries. Our firm has a proven track record of taking on train accident cases and winning the maximum amount of compensation for our clients. Dangerous Exposure Railroad workers are exposed to a variety of dangers when on the job. From hazardous substances used on trains to chemical leaks in accidents, the dangers are high. Federal Employers Liability Act (FELA), states that railroads are bound by an obligation of reasonable care to ensure that their employees are protected from injuries. They are also required to provide them with a reasonably secure workplace. If a business fails to meet this standard, it could be held accountable in a lawsuit. An FELA lawyer can help make your railroad employer accountable for any injuries you may have suffered while working on the railroad. They can collect evidence, talk with medical experts, and determine whether there is a link between the exposure and the health condition you suffer from. Railroad companies often employ toxic chemicals and other hazardous substances to clean, repair, and lubricate equipment. Welders are exposed to harmful fumes during their work as well as general repair workers might be exposed to solvents like creosote and degreasing agents. Certain of these compounds carry some of them a HAZMAT designation, and may cause serious injuries to people who work near them. Chlorine and benzene are two examples of toxic chemicals that have led to severe accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. Asbestos, a different substance used in railroad industry, has been linked with mesothelioma and cancer, as well as other diseases. If you're a railway worker who was diagnosed with cancer due to your exposure to asbestos, a FELA lawyer can help you recover damages for your suffering. Contact us today for an appointment for a no-cost consultation if you have any questions or 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 associated with the railroad industry, in addition to the obvious dangers. Train crews and first responders often don't have the knowledge of dangerous chemicals released at wreck sites. Duty of Care A worker who is injured in a train accident may seek damages from their employer. This is done through a lawsuit for railroad injuries under the Federal Employer's Liability Act (FELA). To be able to claim compensation for this type of injury, a person must establish that the railroad was negligent and that the negligence led to their accident. This requires many hours of work to establish the duty of care owed by the railroad. There are a myriad of things to consider in proving the existence of a duty of care including the balancing test that was created by California law. The balancing test consists of a variety of aspects and needs to be carefully weighed against each other to determine whether the defendant owed the plaintiff the duty of care and whether they violated that duty. The duty of care is different from one company to the next. It can be different for a construction firm than software companies, however the same obligations apply to both including prevention, risk assessment planning, communication, and prevention. Safety of employees is an essential part of any business's. It is essential for the health and well-being of your employees. It's an ideal idea for your company to have someone who is an expert in this field. Many companies have Safety Officers or Employee Health and Safety (EHS) who are responsible for ensuring a safe and healthy workplace. These employees are usually highly experienced and can avoid future accidents. They can also assist with any concerns that may result from an accident or injury that occurs at work. This includes obtaining medical attention, finding lost wages or missed work days, and getting reimbursement for the time that was lost on the job. If your employer fails to meet their obligation to care, it could be devastating for you and your family. It could also impact your future job prospects as it may be a sign that the company isn't competent and is unable to maintain a safe and secure workplace. If you suspect that you have a legal claim against the railroad for railroad-related injuries It is crucial to consult an attorney without cost. Damages There are a variety of damages that can be awarded to victims of railroad accidents if they decide to file a lawsuit. This includes medical bills, lost wages and pain and suffering and compensation for any permanent impairment you've suffered due to the accident. The amount you could be awarded will vary depending on the circumstances surrounding your case, and your own personal injury background. A successful claim will require 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 that happen in the railroad industry is exposure to harmful chemicals. For instance, benzene, creosote and asbestos can all cause cancer or serious illnesses if workers are exposed to these substances. Railroad employees may prove their negligence through an exhaustive investigation into their work environment. If you're injured as a railroad worker and have a question about your legal rights, it's important to consult an attorney as soon as possible. An experienced FELA railroad accident attorney can help you obtain the compensation you require to help you recover your losses and increase your quality of life following an incident at work. In addition to proving that the railroad was negligent, you'll be required to prove that you weren't at fault in the accident. This is a much higher burden of proof than you would have to meet in the case of a workers' compensation claim. The Federal Employers Liability Act (FELA) states that railroads have an obligation to provide their employees with a safe environment to work. They are responsible for any injuries you sustain in the event they fail to meet the requirements of this duty. The damages for a railroad accident lawsuit can be very significant in that the property that was damaged in the accident is often very valuable. This could include equipment, cars, and buildings. In many cases, the firm's lawyers are more focused on settling a matter as fast as they can so that they can avoid having the jury award punitive damages. A experienced FELA attorney with experience handling railroad injury cases can negotiate a fair settlement that is appealing to both parties. This can make a huge difference in your case's outcome and your compensation.