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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 may be entitled to compensation. These workers are protected by a specific federal law referred to as the Federal Employers Liability Act, or FELA. Contrary to the traditional Illinois workers insurance laws, FELA requires railroad employees to prove that their employer caused their injuries through negligence. They must also prove that the railroad violated safety rules. The Cause of the Accident The railroad is a complex machine with a variety of independent systems that have to function effectively to keep passengers safe. A single piece of equipment could fail and cause significant damage that could result in an accident that kills or hurts. The most frequent causes of train accidents are human error, negligent conductors, and track issues. Sometimes, a pedestrian or driver is the cause of an accident. If you've been injured as a result of a train crash, contact an attorney right away to discuss your legal options. Your lawyer can help you in obtaining medical treatment, filing an insurance claim, and pursuing any restitution that is due to you. Railroad employees have the right to sue their employer for injuries or illnesses that occur in the workplace under the Federal Employers Liability Act (FELA). This is distinct from a workers' compensation case because the basis for a FELA claim must show that the company was negligent in providing you with a safe working environment as required by law. Negligence means that the company did not exercise reasonable care to provide you with a safe and secure workplace. If you can prove negligence, you will be entitled to damages for your losses , including physical pain, mental anguish, and disfigurement. One of the main causes of train accidents is human error. This can be due to conductor's or railroad worker's inattention to safety rules or operating the train when tired, distracted or drunk. Other factors that can contribute to train accidents include tracks that are damaged, such as broken rails or debris on tracks, or defective or insufficient safety devices at railway crossings. Train operators with a lack of experience can be responsible for an accident if they don't adhere to safety guidelines. These errors can result in serious and fatal injuries. Injured railroad injury attorneys should seek the counsel of a lawyer experienced in handling railroad injury lawsuits, since they can ensure that their rights are safeguarded and the victims receive fair and reasonable compensation for their injuries. Our firm has a solid track record of handling train accident cases and obtaining the most compensation for our clients. Exposure to Danger Railroad workers are exposed to many hazards while working. Risks are high from hazardous substances that are found on trains to chemical spills in accidents. The Federal Employers Liability Act (FELA) states that railroads have a duty to use reasonable care to keep their employees safe from injuries. They also have a responsibility to provide them with a reasonably secure workplace. A company could be found guilty if they fail comply with this standard. A FELA injury lawyer will help you hold your employer accountable for any health problems you've developed as a result of working on the railroad. They can gather evidence, speak to medical professionals, and determine whether there is a link between the exposure and the health condition you suffer from. Toxic chemicals and other dangerous materials are commonly used by railroad companies to clean and repair their equipment. Welders can inhale toxic fumes while working, and general repair workers could be exposed to solvents such as creosote or degreasing chemicals. Certain of these compounds carry been given a HAZMAT designation and could cause serious injuries to those working in close proximity to them. Two examples of harmful chemicals that have caused serious accidents include benzene , and chlorine, which led to the deaths of nine people in the Graniteville, South Carolina, train crash that killed nine. Asbestos, another common substance used in the railroad industry has been linked to mesothelioma cancer as well as other illnesses. A FELA lawyer can help railroad workers who have been diagnosed with cancer due to their exposure to asbestos. If you have any questions regarding your case, or if you'd like to discuss your legal options with an experienced railroad accident lawyer, contact us today for a free consultation. We'll go over your case and determine whether you have a legitimate claim for compensation. In addition to the most obvious risks, there are also many hidden threats in the railroad industry. Train crews and first responders often aren't aware of the hazardous chemicals released at wreck sites. Duty of Care A person who is injured in a railroad accident can claim compensation from their employer. This can be 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 their injury to be able to file an action. This requires a lot of work to establish the duty of care owed by the railroad. There are many factors to look at in proving the duty of care, such as the balancing tests that were developed by California law. The balancing test is a complex combination of several factors which must be carefully evaluated against each other to determine if the defendant owed the plaintiff any obligation of care or whether they violated it. Each company has its own duty of care. While the responsibilities of care could be different for software companies than a construction company, they are the same in terms of prevention, risk assessment and planning as well as communicating. Employee safety is an integral part of any company's business. It is essential for the health and well-being of your employees. It's therefore an ideal idea that you have someone dedicated to this area of your company's operations. Many companies have dedicated Employee Health and Safety (EHS) or Safety Officers who are responsible for maintaining a healthy and safe working environment. These people are often very educated and can prevent future accidents. Additionally, they can assist with any issues that arise from an injury or accident at work. This includes seeking medical attention, finding lost wages or missed work days, and getting compensation for lost time on the job. It could be disastrous for you and your family members if your employer fails to fulfill their duty of care. It could also impact your employment prospects as it could suggest that the business isn't competent and cannot maintain a safe work environment. This is the reason it's so important to speak with an attorney for free when you think you may have a claim for a railroad injury lawsuit. Damages There are a variety of damages that are available to victims of railroad accidents when they file a lawsuit. These include medical bills, lost wages as well as pain and suffering and the cost of any permanent disability you have incurred as a result of the accident. The amount you will receive will differ dependent on the circumstances surrounding your case, and your own personal injury past. A successful claim requires an experienced FELA lawyer to collect evidence and prove that the railroad was negligent in causing your injuries. One of the most frequent types of accidents that happen in the railroad industry is exposure to hazardous chemicals. Exposure to harmful chemicals such as asbestos, creosote and benzene can cause cancer or other serious illnesses in employees. Railroad employees can prove negligence by conducting an exhaustive investigation of their work environment. If you're injured as a railroad worker and are unsure of your legal rights, it is vital to speak with an attorney as soon as possible. An experienced FELA railroad accident lawyer can assist you to obtain the compensation you need to cover your losses and improve your quality of life following an accident at work. You will need to prove that the railroad was negligent and that you weren't at fault for the accident. This is a more difficult task than what you would have to prove in a workers claims for compensation. The Federal Employers Liability Act (FELA) states that railroads have the obligation of providing their employees with a safe and secure place to work. If they fail to meet this obligation, they are accountable for any damages you suffer as a result of your injuries. Railroad injury lawsuits can be extremely expensive since the property destroyed by an accident can be extremely valuable. This could be cars, equipment, or buildings. In many cases, the company's lawyers are more focused on settling a case quickly instead of having the jury decide to award punitive damages. An experienced FELA attorney who is skilled in railroad injuries can negotiate an equitable settlement that is acceptable to both parties. This can make a big difference in the outcome of your case and the amount you recover.