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How to File a Railroad Injuries Lawsuit If you're a railroad worker and you have been injured on the job you could be entitled to compensation. Federal Employers Liability Act (FELA) protects these workers. In contrast to traditional Illinois workers' compensation laws, FELA requires railroad employees to prove that their employer was responsible for their injuries due to negligence. They must also prove that the railroad's safety rules. The cause of the accident The railroad is a complex machine with a variety of independent systems that must function correctly to ensure safety for passengers. If one piece of equipment malfunctions, it can cause catastrophic damage and result in an accident that kills, or seriously hurts people. Negligent conductors, human error and track problems are some of the most frequent causes of train accidents. Sometimes, a pedestrian or driver is the cause of an accident. If you were injured in an accident on the train, contact an attorney as soon as possible to discuss your legal options. The lawyer you choose to work with can assist in obtaining appropriate medical treatment, filing an claim for compensation and pursuing any compensation that is due to you. A railroad employee has the right to sue their employer for a workplace injury or illness under the Federal Employers Liability Act (FELA). This is different from the workers' compensation case. A FELA claim must establish that the business failed to provide 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 the company's negligence is proven you may be able to claim damages for your injuries, which could include mental anguish and disfigurement. Human error is the most common cause of train accidents. This is the case for conductors' as well as railroad employees' negligence in failing to take safety security measures, operating the train while distracted, fatigued or drunk. Train accidents may also be caused by track defects such as broken rails and debris, as well as inadequate safety devices at railway crossings. Similarly, inexperienced train operators who fail to adhere to safety guidelines can also be responsible for an accident. Many times, these errors can cause serious and fatal injuries. Railroad workers who have suffered injuries need to consult a lawyer who is skilled in railroad accident lawsuits. They will be able ensure that their rights and that the victims get fair and fair compensation for their injuries. Our firm has a proven track record of obtaining the highest payout for our clients involved 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 significant. Federal Employers Liability Act (FELA), states that railroads are bound by a duty of reasonable care to ensure that their employees are safe from injury. They also have to ensure a safe and secure environment for their employees to work in. A company could be found guilty if they fail meet the requirements of this standard. An FELA lawyer can help hold your railroad employer responsible for any injuries that you might have suffered while working on the railroad. They can collect evidence, talk with medical professionals and determine whether there is a connection between the exposure and your health condition. Toxic chemicals and other harmful materials are often used by railroad companies to clean, repair, and lubricate their equipment. Welders are exposed to toxic fumes while working and repair personnel may be exposed like creosote and degreasing agents. Certain of these compounds carry the HAZMAT designation, and could cause serious injuries to people working around them. Chlorine and benzene are two examples of toxic chemicals that have been responsible for grave accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. Another common substance that is used in the railway industry is asbestos and has been associated with cancer mesothelioma as well as other diseases. A FELA lawyer can assist railroad workers who have been diagnosed with cancer due to their exposure to asbestos. If you have any questions about your case, or you would like to discuss your legal options with an experienced railroad injury lawyer , call us today for a free consultation. We'll discuss your case and determine whether you have a solid claim for compensation. In addition to the obvious dangers, there are a myriad of hidden threats in the railroad industry. First responders and train crews often aren't aware of the hazardous chemical releases from wreck sites. Duty of Care An employee who has been injured in a railroad accident can demand compensation from their employer. This can be done by filing a railroad accident 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 lots of work in order to establish the duty of care owed by the railroad. There are many aspects to take into consideration when trying to prove a duty of care. California law has created the testing of balancing. The balancing test requires a number of elements and should be carefully weighed against one another to determine whether the defendant was liable to the plaintiff under the duty of care and whether they breached this obligation. The duty of care is different between companies. While the obligations of care may be different for an IT company than a construction company, the requirements are similar that includes risk assessment, prevention and planning as well as communicating. Employee safety is an integral aspect of any business's operations. It is essential for the health and well-being of your employees. It's an ideal idea that your company has an expert in this field. Many companies have Safety Officers or Employee Health and Safety (EHS) who are accountable for ensuring a safe and healthy work environment. They are usually knowledgeable and can prevent future accidents. In addition, they can assist with any issues that arise from an accident or injury at work. This may include getting proper medical attention, learning about any missed days of work or wages lost and obtaining reimbursement for the time that was lost on the job. It could be a disaster for your family and you if your employer does not fulfill their duty of care. It could also impact your job prospects since it could signal that the company is not competent and cannot provide a safe work environment. This is why it's crucial to consult with an attorney at no cost when you think you may have a claim for a railroad-related injury lawsuit. Damages There are numerous damages that are available to victims of railroad injuries when they decide to file a lawsuit. This includes medical bills, lost wages along with pain and suffering and compensation for any permanent impairment you have incurred because of the accident. The amount you could be awarded will depend on the history of your personal injury as well as the circumstances surrounding your case. A successful claim will require an experienced FELA lawyer to gather evidence and prove that the railroad was negligent in causing your injuries. Exposed to harmful chemicals is among the most common causes of accident in the railroad industry. Exposure to harmful chemicals like creosote, asbestos and benzene can cause cancer or other serious illnesses among employees. Railroad employees may prove their negligence through an exhaustive investigation into their work place. If you are an injured railroad worker and have a question about your legal rights, it's important to consult an attorney as soon as possible. A knowledgeable FELA railroad injury attorney will assist you in getting the money you need to compensate for your losses and improve your quality of life after a work-related accident. You'll have to demonstrate that the railroad was negligent and that you were not at fault for the accident. This is a greater burden than what you'd have to prove in a worker' comp claim. Federal Employers Liability Act (FELA), states that railroads owe an obligation of care for their employees. They are liable for any injuries you suffer in the event that they fail to perform this obligation. Damages incurred in a railroad accident lawsuit can be substantial in that the property that was damaged in the accident can be extremely valuable. This could include vehicles, equipment or even buildings. In many cases, companies' lawyers are more focused on settling a case as fast as they can in order to avoid having jurors assign punitive damages. A experienced FELA attorney who specializes in handling railroad injury cases can negotiate a fair settlement that is appealing to both parties. This can make a significant difference in the outcome of your case as well as your recovery.