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How to File a Railroad Injuries Lawsuit You may be eligible for compensation if are a railroad worker who has suffered an injury during the course of work. Federal Employers Liability Act (FELA) safeguards these workers. FELA requires railroad employees, in contrast to the standard Illinois workers' compensation laws to prove that their employer is negligent. They must also prove that the railroad violated safety rules. Accident Cause The railroad is a complicated machine that includes a number of different systems that have to function correctly to ensure that passengers are safe. When one piece of equipment fails it could cause catastrophic damage and cause an accident that kills or injures people. Human error, negligent conductors and track problems are some of the most frequent causes of train accidents. Sometimes, a driver or pedestrian is the cause of the derailment. Contact an attorney immediately if you've been injured in a train crash. The lawyer you choose to work with can help you receive the appropriate medical treatment, file a claim for damages, and seek any restitution due to you. Railroad employees have the right to sue their employer over an accident or illness at work under the Federal Employers Liability Act (FELA). This is distinct from the workers' compensation lawsuit because a FELA claim must show that the company was negligent in providing workers with a safe and secure work environment as required by law. Negligence is when a company did not take reasonable care to provide you with a safe workplace. If you can prove negligence, you can claim damages for your injuries, which could include mental trauma and disfigurement. One of the most frequent causes of train accidents is human error. This can be due to conductor's or railroad worker's negligence in failing to observe safety guidelines or operating the train when distracted, fatigued or drunk. Other factors that can cause train accidents are track defects, like broken rails or debris on tracks, or faulty or insufficient safety devices at railway crossings. In the same way, train operators with inadequate experience who fail to follow the correct safety procedures can also be liable for an accident. Most often, these errors result in severe and deadly injuries. Railroad workers who have been injured need to consult a lawyer who is experienced in railroad injury lawsuit s. They can to protect their rights and that victims receive fair and equitable compensation for their injuries. Our firm has a proven track record of obtaining the highest amount of compensation for our clients involved in train accident cases. Dangerous Exposure Railroad workers are exposed to many hazards while working. The risk is very high, from hazardous chemicals that are found on trains to chemical spillages during accidents. Federal Employers Liability Act (FELA), states that railroads have a duty of reasonable care to keep their employees safe from injury. They are also required to provide them with a reasonably secure workplace. A company could be sued if they fail to meet this standard. A FELA injury lawyer can assist you in holding your employer responsible for any health problems you've developed as a result of working on the railroad. They can collect evidence, talk with medical professionals and find an association between the exposure you were exposed to and your health condition. Toxic chemicals and other dangerous materials are commonly used by railroad companies to clean, repair, and lubricate their equipment. Welders can inhale toxic fumes while they work, and general repair workers could be exposed to solvents such as creosote or degreasing chemicals. Certain of these chemicals are HAZMAT-listed and may cause serious injury to those working with them. Chlorine and benzene are just two examples of toxic chemicals that have caused severe accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. Asbestos, another substance commonly used in the railroad industry has been linked to mesothelioma, a type of cancer, and other diseases. If you are an employee of the railroad industry who was diagnosed with cancer due to your exposure to asbestos, a FELA lawyer can assist you to obtain compensation for your suffering. Contact us today to get free consultation if have any concerns or like to discuss your legal options. We'll review your case and determine if you have a strong claim for compensation. In addition to the obvious risks, there are also many hidden dangers in the railroad industry. For instance, train workers and first responders are often unaware of the dangers of hazardous chemicals released at a wreck scene. Duty of Care When an employee is injured in a train accident, the worker is entitled to seek damages from the employer. This can be done by filing a railroad accident lawsuit under the Federal Employer's Liability Act. In order to be awarded compensation for this type of injury, the injured party must show that the railroad was negligent and the negligence was the cause of their accident. This takes an extensive amount of work to establish a duty of care by the railroad. There are a number of factors to look at when attempting to prove the existence of a duty of care such as the balancing tests that were developed by California law. The test of balancing is a complex mix of several elements that must be carefully assessed against one another to determine whether the defendant owed the plaintiff any obligation of care or if they violated it. Each business has its own duty of care. While the responsibilities of care might differ for an IT company than a construction company, they are the same that includes risk assessment, prevention and planning, as well as communication. Safety of employees is an integral part of every business and is vital to the wellbeing of your employees. This is why it's a good idea to have someone who is dedicated to this area of your business's operations. Many companies have Safety Officers, also known as Employee Health and Safety (EHS), who are responsible to ensure a safe and healthy workplace. They are usually educated and can prevent any future accidents. Additionally, they can assist with any issues that arise from an accident or injury at work. This could include getting the proper medical attention, determining about any missed days of work or lost wages, and getting compensation for time lost on the job. If your employer fails in meeting their obligations of care it could be a disaster for you and your family. It could also affect your chances of regaining employment, since it could be a sign that the company isn't competent enough and isn't able to maintain a safe workplace. If you think you might have a claim against the railroad for injuries sustained in railroad accidents It is crucial to speak with an attorney for free. Damages There are numerous damages that could be awarded to victims of railroad accidents when they file a lawsuit. This includes lost wages, medical bills along with pain and suffering and the compensation for 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, as well as 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. Exposure to hazardous chemicals is one of the most frequent causes of accidents in the railroad industry. For example, benzene, creosote and asbestos can cause cancer or other serious illnesses if workers are exposed to them. Railroad employees can prove their negligence by conducting an exhaustive investigation of their work place. If you're an injured railroad worker and are unsure of your legal rights, it's crucial to contact an attorney right away. A knowledgeable FELA railroad injury attorney can assist you in obtaining the money you need to pay for your loss and restore your quality of life following an accident. You'll have to show that the railroad was negligent and you weren't responsible for the accident. This is a much higher burden of proof than what you will have to prove in the case of a workers' compensation claim. The Federal Employers Liability Act (FELA) states that railroads are bound by a duty to provide their employees with a safe place to work. If they fail to comply with this obligation, they will be responsible for any injuries you suffer as a result of your injuries. Railroad lawsuits for injuries can be very expensive as the property damaged by an accident can be extremely valuable. This includes vehicles, equipment, and buildings. Many times, the company's lawyers will be more focused on the speed of settlement rather than having the jury decide to award punitive damages. A experienced FELA attorney who specializes in handling railroad injury claims can negotiate a fair settlement that is appealing to both parties. This could make a significant difference in your case's outcome and the amount you recover.