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How to File a Railroad Injuries Lawsuit You may be qualified for compensation if are a railroad worker who has suffered an injury on the job. The workers are protected under a specific federal law referred to as the Federal Employers Liability Act, or FELA. In contrast to standard Illinois workers' compensation laws FELA requires railroad employees to prove that their employer was responsible for their injuries due negligence. They must prove that the railroad violated safety guidelines. Cause of the Accident Railroads are intricate machines that require many systems to work properly to ensure safety for passengers. If one piece of equipment fails it could cause severe damage and lead to an accident that kills or injures people. Human error, negligent conductors and track issues are some of the most frequent causes of train accidents. Sometimes, a motorist or a pedestrian is responsible for a derailment. If you were injured in a train crash, contact an attorney immediately to discuss your legal options. Your lawyer can help you with obtaining proper 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 different than the workers' compensation case. A FELA claim must show that the company did not ensure a safe and healthy workplace as required by law. Negligence implies that the business did not use reasonable care to provide you with a secure work environment. If negligence is proven you may be able to claim damages for your injuries, which include mental anguish and disfigurement. One of the most common causes of train accidents is human error. This includes conductors or railroad employees' inattention to safety procedures or operating a train while fatigued, distracted or drunk. Train accidents can also be caused by defects in the track such as broken rails or debris, or insufficient safety equipment at railway crossings. Inexperienced train operators can also be responsible for an accident if their actions don't adhere to safety guidelines. Most often, these errors result in fatal and severe injuries. Railroad workers who suffer injuries must consult a lawyer that is familiar with railroad injury lawsuits. They can to protect their rights and ensure that the victims receive fair and fair compensation for their injuries. Our firm has a long-standing track record in taking on cases involving train accidents and obtaining the maximum compensation possible for our clients. Dangerous Exposure Railroad workers are exposed to many hazards while on the job. The risks are high, from hazardous chemicals found on trains to chemical spills in accidents. Federal Employers Liability Act (FELA) states that railroads must perform an obligation of reasonable care to ensure that their employees are protected from injuries. They must also offer a safe place for their employees to work. A company could be sued if they fail meet the requirements of this standard. An FELA lawyer can assist you to ensure that your railroad company is held accountable for any injuries you have sustained while working for the railroad. They can collect evidence, speak with medical experts, and determine whether there's a connection between the exposure and your health condition. Railroad companies often use toxic chemicals as well as other hazardous substances to clean, repair, and lubricate equipment. Welders can inhale toxic fumes while they work or working on repairs, while general workers could be exposed to solvents such as creosote or degreasing chemicals. Certain of these chemicals have a HAZMAT designation, and can cause serious injuries to people working in close proximity to them. Chlorine and benzene are two examples of harmful chemicals that have caused grave accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. Asbestos, a different substance employed in the railroad industry, has been linked to mesothelioma cancer as well as other diseases. If you're an employee of a railroad who was diagnosed with cancer as a result of the exposure to asbestos, a FELA lawyer can assist you obtain compensation for your suffering. If you have any concerns about your case, or you'd like to discuss your legal options with an experienced railroad injury lawyer, contact us now for a no-cost consultation. We'll review your case and determine whether you have a solid claim for compensation. There are hidden dangers associated with the railroad industry, as well as the obvious dangers. First responders and train crews often are unaware of hazardous chemicals released at wreck sites. Duty of Care When an employee is injured in a railroad accident, the worker has the legal right to seek compensation from his employer. This is done through an injury lawsuit against the railroad under the Federal Employer's Liability Act (FELA). A worker must prove that the railroad was negligent in causing their accident , to be eligible to file a claim. This takes lots of work in order to establish a duty of care by the railroad. There are a number of factors to consider in proving a duty of care, including the balancing test that was created by California law. The balancing test consists of a variety of factors and must be carefully weighed against one another to determine if the defendant owed the plaintiff the duty of care and whether they violated the obligation. Every company has its own duty of care. While the duties of care may be different for software companies than an construction company, they are the same as prevention, risk assessment and planning and communication. Employee safety is an essential part of every business and is essential to the well-being of your employees. It's therefore a good idea to have someone dedicated to this aspect of your company's operation. Many companies have Safety Officers, also known as Employee Health and Safety (EHS), who are responsible for maintaining a safe and healthy working environment. These individuals are knowledgeable and experienced in their field of expertise, which could assist in preventing accidents in future. They can also assist with any concerns that may arise from an accident or injury at work. This includes obtaining medical attention, locating lost wages or work days, and getting reimbursement for the time that was lost on the job. It could be devastating for your family and you if your employer does not fulfill their obligation to care. It could also impact your chances of gaining employment as it could indicate that the company is not competent and cannot maintain an environment of safety. This is the reason it's so important to consult an attorney at no cost If you think you could be a candidate for a lawsuit involving railroad injuries. Damages There are many damages that could be awarded to victims of railroad accidents when they make a claim. These include lost wages, medical expenses and suffering, as well as compensation for any permanent impairment that you may be suffering as a result of. The amount of money you could be awarded will vary dependent on the circumstances surrounding your case, and your personal injury past. A successful claim requires an experienced FELA lawyer to gather evidence and prove that the railroad was negligent in causing your injuries. One of the most common kinds of accidents that occur that happen in the railroad industry is exposure to hazardous chemicals. Exposure to harmful chemicals such as creosote, benzene, and asbestos can cause cancer or other serious illnesses in employees. Accident Injury Lawyers of the workplace may assist a railroad worker in proving that their employer was negligent in allowing them be exposed to these dangerous substances. It is essential to speak with an attorney immediately if you have been injured by a railroad employee. A knowledgeable FELA railroad injury lawyer can assist you with obtaining the compensation 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 weren't responsible for the accident. This is a much higher burden of proof than you will have to prove in a workers' compensation claim. The Federal Employers Liability Act (FELA) states that railroads have a duty to provide their employees with a safe environment to work. They are accountable for any injuries that you sustain in the event that they fail to perform this obligation. Railroad injury lawsuits can be extremely expensive because the property that is damaged in an accident can often be extremely valuable. This could include cars, equipment, or buildings. In many instances, the company's lawyers are more focused on settling cases as quickly as possible, as they wish to avoid having the jury assign 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 your case's outcome and your compensation.