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How to File a Railroad Injuries Lawsuit If you're railway worker and have been injured on the job, you may be entitled to compensation. Federal Employers Liability Act (FELA) protects these workers. Contrary to the standard Illinois workers compensation laws, FELA requires railroad employees to prove that their employer caused their injuries due to negligence. They must also prove that the railroad's safety rules. Cause of the Accident Railroads are complex machines that require a variety of systems to operate properly to ensure the safety of passengers. When a single piece of equipment fails, it can cause catastrophic damage and lead to an accident that kills, or seriously hurts people. Human error, negligent conductors, and track problems are among the most frequently cited causes for train accidents. Sometimes the driver or pedestrian is the cause of an accident. Contact an attorney immediately if you were hurt by a train accident. Your lawyer can assist in obtaining the proper medical treatment, submitting an action for compensation, and seeking any restitution that is 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 not the same as a workers' comp case. A FELA claim must prove that the employer failed to provide a safe work environment as required by law. Negligence occurs when a company was not taking reasonable care to provide a safe work environment. If the company's negligence is proven and you are able to seek damages for your injuries. This includes mental distress and disfigurement. Human error is the leading reason for train accidents. This includes conductors' and railroad employees' negligence in failing to observe safety precautionswhile operating the train while tired, distracted or drunk. Train accidents can be caused by track imperfections like broken rails or debris, or the inadequacy of safety equipment at railway crossings. Additionally, train operators who are not experienced who fail to adhere to safety protocols can be responsible for an accident. These mistakes can often lead to severe and fatal injuries. Railroad workers injured in an accident need the advice of an experienced lawyer who has handled railroad injury lawsuits, since they can ensure that their rights are safeguarded and the victims receive fair and just 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 workers face numerous dangers when on the job. From hazardous substances found on trains to chemical leaks that occur during accidents, the dangers are high. The Federal Employers Liability Act (FELA) states that railroads are bound by a duty to use reasonable care in keeping their employees protected from injuries. They also must offer a safe place for their employees to work. If a company fails to meet this standard, it could be held accountable in a lawsuit. A FELA injury lawyer can assist you in holding your employer accountable for any health issues you have developed after working on the railroad. They can gather evidence, speak with medical experts, and determine whether there's a connection between the exposure and your health condition. Toxic chemicals as well as other hazardous materials are often used by railroad companies to clean and repair their equipment. Welders are exposed to toxic fumes while they work as well as general repair workers might be exposed to solvents such as creosote or degreasing chemicals. Some of these compounds have some of them a HAZMAT designation, and can cause serious injuries to people working around them. Two examples of toxic chemicals that have caused serious accidents are benzene and chlorine, which contributed to the deaths of nine people in the Graniteville, South Carolina, train crash which killed nine. Another common substance that is used in the railway industry is asbestos which has been linked to cancer mesothelioma and other diseases. If you are a railroad worker that was diagnosed with cancer as a result of your exposure to asbestos, a FELA lawyer can help obtain compensation for your suffering. If you have any concerns about your case, or if you would like to discuss your legal options with an experienced railroad injury lawyer, please contact us today to schedule a free consultation. We'll go over your case and determine if you have a strong claim for compensation. In addition to the most obvious risks, there are also many hidden threats in the railroad industry. First responders and crews of trains often aren't aware of the hazardous chemical releases from wreck sites. Duty of Care An employee who has been injured in a train accident may seek compensation from their employer. This is accomplished through an injury lawsuit filed against railroads under the Federal Employer's Liability Act (FELA). A worker must demonstrate that the railroad was negligent in causing their injury to be legally able to file a claim. This takes lots of work in order to establish the duty of care that is owed to the railroad. There are many factors to take into consideration when trying to prove a duty of care. California law has created the balancing test. The balance test is a complex mixture of a variety of factors that must be carefully assessed against each other to determine if the defendant was owed any obligation of care or if they breached it. The responsibility of care differs between companies. It could be different for a construction firm than a software company, but the same duties are applicable to both such as prevention, risk assessment, planning, and communication. Safety of employees is an essential part of any business's. It's vital for the health and well-being of your employees. As such, it's best that you have someone dedicated to this aspect of your company's operation. Many companies have dedicated Employee Health and Safety (EHS) or Safety Officers who are accountable for maintaining a healthy and safe working environment. These people can be very skilled and knowledgeable in their area of expertise, which can help prevent accidents in the future. They can also help with any issues that could result from an accident or injury that occurs at work. This could include getting the proper medical attention, finding out about missed days at work or lost wages and obtaining reimbursement for lost time working. However, if your employer fails to uphold their obligation to care this could be devastating for you and your family. It could also affect your chances of getting a job as it could suggest that the company is not competent and cannot provide an environment that is safe for employees. This is why it's essential to speak with an attorney for free If you think you might have a case for a lawsuit involving railroad injuries. Damages There are numerous damages that could be awarded to victims of railroad injuries when they bring a lawsuit. These damages can include lost wages, medical expenses and pain and suffering as well as compensation for any permanent impairment that you might have suffered as a result. The amount you will receive depends on your personal injury history and the circumstances that surround your case. An experienced FELA lawyer will be required to collect evidence and prove negligence by the railroad in the causing of your injuries. One of the most frequent kinds of accidents that occur in the railway industry is exposure to harmful chemicals. For example, benzene, creosote, asbestos, and benzene 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 of their work place. It is essential to speak with an attorney as soon as you are injured by a railroad worker. An experienced FELA railroad accident lawyer can assist you to obtain the compensation you need to compensate your losses and improve the quality of your life after a work-related incident. You'll have to prove that the railroad was negligent and that you weren't responsible for the accident. This is a far greater amount of evidence than you would need to meet in a workers' compensation claim. The Federal Employers Liability Act (FELA) states that railroads are bound by obligations to provide their employees with a safe place to work. They are accountable for any injuries that you sustain when they fail to fulfill this obligation. Damages incurred in a railroad accident lawsuit can be substantial due to the property involved in the accident is usually extremely valuable. This could include equipment, cars and even buildings. In many cases, the company's lawyers are more focused on settling a matter as fast as they can, as they wish to avoid having the jury assign punitive damages. An experienced FELA lawyer who specializes in railroad injuries can negotiate an equitable settlement that is agreeable for both sides. This can make a major difference in the outcome of your case as well as your settlement.