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How to File a Railroad Injuries Lawsuit If you're a railroad worker and you were injured on the job you could be entitled to compensation. Federal Employers Liability Act (FELA) protects these workers. FELA requires railroad employees, unlike the standard Illinois workers' compensation laws to prove negligence by their employer. They must be able to demonstrate that the railroad did not follow safety standards. Accident Cause Railroads are complicated machines that require multiple components to function properly and ensure the safety of passengers. A single piece of equipment could fail and cause significant damage that could lead to an accident that kills, or even injures. Human error, negligent conductors and track problems are some of the most common causes of train accidents. Sometimes, a pedestrian or driver is the cause of an accident. Get in touch with an attorney as soon as you've been injured in a train collision. Your lawyer can help you in obtaining appropriate medical treatment, submitting an insurance claim, 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 the workers' compensation lawsuit because a FELA claim must prove that the company was negligent in providing workers with a safe and secure work environment in accordance with the law. Negligence occurs when a company failed to take reasonable precautions to ensure a safe working environment. If negligence is proven that you have been injured, you can seek damages for your injuries, which include mental anxiety and disfigurement. One of the most frequent causes of train accidents is human error. This can be due to conductor or railroad employee's negligence in failing to follow safety rules or operating the train while fatigued, distracted or drunk. Other factors that can contribute to train accidents include track defects, such as broken rails or debris on tracks, or faulty or inadequate safety devices at railway crossings. Train operators who aren't well-educated can be responsible for an accident if their actions don't follow safety protocols. In many cases, these mistakes result in serious and fatal injuries. Injured railway workers should seek advice from a lawyer experienced in handling railroad injury lawsuits, as they can ensure that their rights are protected and the victims receive fair and equitable compensation for their injuries. Our firm has a track record of obtaining the most compensation for our clients in train accident cases. Exposure to Danger Railroad employees are exposed hazards while on the job. From hazardous substances found on trains to chemical leaks that occur during accidents, the risks are significant. Federal Employers Liability Act (FELA) states that railroads are bound by an obligation of reasonable care to keep their employees safe from injury. They also must create a safe space for their employees to work. If a company fails meet this standard, it could be held responsible in a lawsuit. An FELA lawyer can assist you to make your railroad employer accountable for any injuries you may have sustained while working for the railroad. They can collect evidence, talk with medical professionals, and discover a correlation between the exposure you were exposed to and your health condition. Toxic chemicals and other harmful substances are frequently used by railroad companies to clean, repair, and lubricate their equipment. Welders may inhale toxic fumes while they work or working on repairs, while general workers could be exposed to solvents such as creosote or degreasing chemicals. Some of these compounds have the HAZMAT designation, and can cause serious injuries to those who work near them. Chlorine and benzene are 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. Another substance that is commonly employed in the railroad industry is asbestos which has been associated with cancer mesothelioma as well as other diseases. If you're a railway worker who was diagnosed with cancer as a result of exposure to asbestos a FELA lawyer can help claim compensation for your pain. If you have any questions regarding your case, or you would like to discuss your legal options with a knowledgeable railroad injury lawyer, call us today to schedule a free consultation. We will review your case and determine whether you have a legitimate claim for compensation. There are hidden dangers in the railroad industry, in addition to the obvious dangers. For instance, train workers and first responders can be unaware of the harmful chemicals that are being released at a wreck scene. Duty of Care An employee who has been injured by a railroad accident may seek compensation from their employer. This is done by filing a railroad-related injury lawsuit under the Federal Employer's Liability Act. A worker must prove that the railroad was negligent in causing the accident to be legally able to file a claim. This takes a lot of work to establish the duty of care of the railroad. There are a myriad of factors to look at when attempting to prove the existence of a duty of care including the balancing test , which was developed by California law. The testing of balancing is a complicated combination of various factors which must be carefully evaluated against each other in order to determine if the defendant owed the plaintiff a obligation of care or if they violated it. Each business has its own obligation of care. It can be different for a construction firm than software companies, however the same duties apply to both situations that includes prevention, risk analysis planning, communication, and prevention. Employee safety is a huge part of every business and is essential to the health of your employees. It's an excellent idea for your business to employ someone who is specialized in this area. Many companies have dedicated Employee Health and Safety (EHS) or Safety Officers who are responsible for maintaining a healthy and safe work environment. These people are often very experienced and can avoid future accidents. In addition, they can assist with any issues that arise from an accident or injury at work. This includes obtaining medical attention, finding lost wages or work days, and getting compensation for time spent off the job. It could be disastrous for your family and yourself if your employer does not fulfill their obligation to care. It could also impact your chances of regaining employment, as it could be an indication that the business is incompetent and cannot properly maintain a safe workplace. If you think you might have a legal claim against the railroad for injuries sustained in railroad accidents it is vital to speak with an attorney without cost. Damages When you file a railroad-related lawsuit, there is several damages that can be awarded. These damages can include lost wages, medical bills and pain and suffering, as well as compensation for any permanent disability that you might be suffering as a result of. The amount you'll receive depends on your personal history of injuries and the circumstances that surround your case. A seasoned FELA lawyer will be required to gather evidence and prove negligence by the railroad in the event of your injuries. One of the most frequent kinds of accidents that occur in the railroad industry involves exposure to harmful chemicals. Exposure to harmful chemicals like creosote, asbestos, and benzene can cause cancer or other serious illnesses in employees. An exhaustive examination of the work environment can aid a railroad worker to prove that their employer was negligent in allowing them to be exposed to these hazardous substances. It is important to consult an attorney right away if you have been injured by a railroad employee. An experienced FELA railroad accident attorney can assist you to obtain the compensation you require to pay for your losses and increase your quality of life following an accident at work. You'll have to demonstrate that the railroad was negligent and that you were not at fault for the accident. This is a far greater burden of proof than what you would have to meet in an appeal for workers' compensation. The Federal Employers Liability Act (FELA) states that railroads have a duty to provide their employees with a safe environment to work. They are liable for any injuries you suffer in the event that they fail to perform this obligation. Railroad injuries can be expensive because the property that is damaged during an accident could be extremely valuable. This could include equipment, cars, or buildings. In many cases, the company's lawyers are more focused on settling the case as fast as they can, in order to avoid having jurors award punitive damages. An experienced FELA attorney who is skilled in railroad injury claims can negotiate a fair settlement that is agreeable to both parties. This can make a significant difference in the outcome of your case as well as your settlement.