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How to File a Railroad Injuries Lawsuit If you're an employee of a railroad and have been injured while working, you may be entitled to compensation. Federal Employers Liability Act (FELA) protects these workers. In contrast to typical Illinois workers' compensation laws, FELA requires railroad employees to prove that their employer was responsible for injuries due to negligence. They must show that the railroad did not adhere to safety rules. Accident Cause Railroads are intricate machines that require a variety of systems to function properly to ensure the safety of passengers. When a single piece of equipment malfunctions it could cause catastrophic damage and cause an accident that kills, or seriously hurts people. The most common causes of train accidents is human error, negligent conductors, and track issues. Other times, a driver or pedestrian is responsible for an accident. If you've suffered injuries in an accident on the train, contact an attorney immediately to discuss your legal options. Your lawyer can assist you to obtain proper medical treatment and can file a claim to claim damages, and seek any restitution due to you. Railroad employees have the right to sue their employer over injuries or illnesses that occur in the workplace under the Federal Employers Liability Act (FELA). This is distinct from a workers' compensation claim because the basis for a FELA claim must prove that the company was negligent in providing workers with a safe and secure work environment, as required by law. Negligence is when the company did not take reasonable care to provide a safe work environment. If the company's negligence is proven you may be able to claim damages for your injuries, which could include mental anxiety and disfigurement. Human error is the main cause of train accidents. This includes conductors' and railroad employees' negligence in failing safety precautions, operating the train when distracted, fatigued or drunk. Other factors that cause accidents on trains include tracks with defects, for example broken rails, debris on the 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 don't adhere to safety guidelines. Most often, these errors result in serious and fatal injuries. Railroad workers who are injured should seek out a lawyer who is experienced in railroad injury lawsuits. They can to protect their rights and that victims receive fair and equitable compensation for their injuries. Our firm has a proven track record of winning the highest compensation for our clients in train accident cases. Dangerous Exposure Railroad workers are exposed to a myriad of dangers while on the job. From hazardous chemicals found on trains , to chemical leaks during accidents the risks are substantial. Federal Employers Liability Act (FELA) states that railroads must perform a duty of reasonable care to ensure that their employees are protected from injuries. They must also ensure a safe and secure environment for their employees to work. A company could be sued if they fail to meet this standard. A FELA injury lawyer will help you hold your employer responsible for any health issues that you've developed due to working on the railroad. They can gather evidence, speak to medical experts to determine if there is a connection between the exposure and your health condition. Railroad companies typically use toxic chemicals as well as other hazardous substances to clean and repair equipment. Welders may be exposed to toxic fumes during their work, while general repair workers could be exposed to cleaning solvents, such as creosote or degreasing agents. Certain of these compounds carry a HAZMAT designation and could cause serious injuries to those working around them. Chlorine and benzene are two examples of toxic chemicals that have led to catastrophic accidents, such as 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 and cancer, as well as other diseases. A FELA lawyer can assist railroad workers who have been diagnosed with cancer as a result of their exposure to asbestos. If you have any concerns about your case, or you'd like to discuss your legal options with a knowledgeable railroad injury lawyer, contact us now for a no-cost consultation. injured railroad workers will review your case and determine if you have a legitimate claim to compensation. In addition to the most obvious dangers, there are many hidden dangers in the railway industry. For instance, train workers and first responders are often unaware of the hazardous chemicals that are being released at 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. To win a claim for this type of injury, a person must show that the railroad was negligent and that the negligence was the cause of their accident. This is a difficult job that requires the railroad to demonstrate that it has a duty of care. There are a myriad of factors to consider when trying to prove a duty of care, such as the balancing tests that were developed by California law. The balancing test is comprised of several elements that must be carefully evaluated against each other to determine if the defendant had the duty of care and whether they violated that duty. Each business has its own obligation of care. It may be different for a construction company to software company, however, the same requirements apply to both situations including prevention, risk assessment planning, communication, and prevention. Employee safety is a huge part of every business, and it's essential for the health of your employees. It's an ideal idea for your business to employ someone who is specialized in this field. Many companies have Safety Officers, also known as Employee Health and Safety (EHS), who are responsible for ensuring a secure and healthy work environment. They are usually very experienced and can avoid future accidents. Additionally, they can assist with any issues that arise from an accident or injury at work. This includes obtaining medical attention, finding lost wages or missed work days, and obtaining reimbursement for time lost on the job. It could be a disaster for your family and you if your employer does not fulfill their obligation to care. It could also affect your future employment prospects, as it could be an indication that the business isn't competent enough and isn't able to maintain a safe workplace. If you suspect that you have a claim against the railroad in case of railroad injuries it is essential to speak with an attorney for free. Damages If you file a railroad injury lawsuit, you can claim several damages that could be awarded. These damages include lost wages, medical bills and suffering, as in addition to the cost of any permanent disability that you might have suffered as a result. The amount you can receive depends on your personal history of injuries and the circumstances that led to your case. An experienced FELA lawyer will be required to gather evidence and prove negligence by the railroad in the event of your injuries. Exposure to hazardous chemicals is among the most common causes of accident in the railway industry. For instance, benzene, creosote, and asbestos can cause cancer or other serious health issues if employees are exposed to them. Railroad employees can prove their negligence by conducting an exhaustive investigation into their workplace. It is imperative to talk to an attorney immediately if you are an injured railroad worker. A skilled FELA railroad injury attorney can help you get the compensation you need to cover your losses and restore your quality of life after an accident. In addition to proving that the railroad was negligent, you will be required to prove you were not the cause in the incident. This is a much higher burden of proof than what you would need to meet in an appeal for workers' compensation. The Federal Employers Liability Act (FELA) states that railroads have an obligation to provide their employees with a safe and secure place to work. They are accountable for any injuries you suffer in the event that they fail to perform the requirements of this duty. Damages for a railroad-related injury lawsuit can be very significant due to the property that was damaged in the accident is usually extremely valuable. This could include equipment, cars, and buildings. In many cases, companies' lawyers are more focused on settling the case in the shortest time possible in order to avoid having jurors assign punitive damages. An experienced FELA lawyer who specializes in railroad injuries can negotiate an equitable settlement that is acceptable to both parties. This can make a significant difference in the outcome of your case as well as your settlement.