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How to File a Railroad Injuries Lawsuit If you are an employee of a railroad and were injured while working you could be entitled to compensation. Workers who are injured are protected by a special federal law known as the Federal Employers Liability Act, or FELA. Unlike the standard Illinois workers compensation laws, FELA requires railroad employees to prove that their employer caused their injuries due to negligence. They must also show that the railroad violated safety guidelines. Accident Cause The railroad is a complex machine with several independent systems that have to function efficiently to ensure that passengers are safe. A single piece of equipment can fail and cause serious damage that could lead to an accident that kills or causes injury to others. The most frequent causes of train accidents is human error, negligent conductors, and track issues. Other times, a driver or pedestrian is the cause of an accident. If you've been injured as a result of the course of a train accident, you should contact an attorney as soon as possible to discuss your legal options. An attorney can assist you get medical treatment that is appropriate, file a claim for damages, and request any restitution you are due. A railroad employee has the right to sue their employer for 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 prove that the company was negligent in providing you with a safe working environment in compliance with the law. Negligence is when a company didn't take reasonable precautions to provide you with a secure work environment. If the company's negligence is proven you may be able to claim damages for your injuries, which include mental distress and disfigurement. One of the main causes of train accidents is human error. This includes conductor or railroad employee's negligence in failing to observe safety procedures or operating a train when fatigued, distracted, or intoxicated. Other factors that can cause accidents in trains include tracks with defects, for example broken rails or debris on tracks, or malfunctioning or insufficient safety devices at railway crossings. Train operators who aren't well-educated can be at fault for accidents if they fail follow safety procedures. Many times, these errors result in fatal and severe injuries. Railway workers who have been injured must seek out the help of a lawyer experienced in handling railroad injury lawsuits, as they will be able to ensure that their rights are protected and the victims receive fair and reasonable compensation for their injuries. Our firm has a proven track record in taking on train accident cases and winning the most compensation for our clients. Dangerous Exposure Railroad workers are exposed to many dangers while working. From hazardous substances that are that are found on trains to chemical leaks that occur during accidents, the risks are significant. Federal Employers Liability Act (FELA), states that railroads have a duty of reasonable care to keep their employees safe from injury. They must also create a safe space for their employees to work in. If a company fails to meet this standard, it could be held accountable in a lawsuit. A FELA injury lawyer will help you hold your employer accountable for any health problems you have developed after working on the railroad. They can gather evidence, speak with medical professionals, and determine if there is a connection between the exposure and your health condition. Toxic chemicals and other dangerous materials are often used by railroad companies to clean, repair, and lubricate their equipment. Welders are likely to inhale toxic fumes as they work, while general repair workers may be exposed to cleaning solvents like creosote or other degreasing substances. Certain of these chemicals have some of them a HAZMAT designation and could cause serious injuries to those who work near them. Two examples of harmful chemicals that have caused serious accidents include benzene , and chlorine, which caused the deaths of nine victims in the Graniteville, South Carolina, train crash which killed nine. Asbestos, a different substance employed in the railroad industry, has been linked with mesothelioma and cancer, as well as other diseases. If you are a railway worker who was diagnosed with cancer due to exposure to asbestos a FELA lawyer can help obtain compensation for your suffering. If you have any questions about your case, or you would like to discuss your legal options with a knowledgeable railroad injury lawyer , call us today for a free consultation. We will analyze your case and determine whether you have a viable claim to compensation. In addition to the most obvious dangers, there are many hidden threats in the railway industry. For instance, train workers and first responders are typically unaware of the hazardous chemicals that are being released when a wreck site is undergoing reconstruction. Duty of Care When an employee is injured in a train accident, the worker has the legal right to seek compensation from his employer. This is done by filing a railroad accident lawsuit under the Federal Employer's Liability Act. A worker must demonstrate that the railroad was negligent in causing their accident to be capable of filing an action. This takes many hours of work to establish the duty of care of the railroad. There are a number of factors to look at when attempting to prove the duty of care, including the balancing test that was created by California law. The balancing test is a complex combination of several factors that must be carefully assessed against one another to determine if the defendant was owed any duty of care or whether they breached it. The duty of care is different between companies. It may differ for a construction company to a software company, but the same requirements apply to both situations including prevention, risk assessment, planning, and communication. Safety of employees is an essential part of any company's business. It's essential for the health and well-being of your employees. It's recommended that your company has an expert in this field. Many companies have Safety Officers or Employee Health and Safety (EHS), who are responsible for ensuring a secure and healthy working environment. They are proficient and knowledgeable in their area of expertise, which could aid in preventing accidents in the future. In addition, they are able to assist with any concerns that arise from an injury or accident at work. This includes seeking medical attention, locating lost wages or work days, and getting compensation for lost time on the job. It could be disastrous for your family and yourself if your employer fails to meet their obligation to care. It could also impact your future employment prospects, as it could be an indication that the business is not competent and unable to ensure a safe working environment. If you think you might have a claim against the railroad in case of railroad injuries it is essential to speak with an attorney at no cost. Damages There are many damages that could be awarded to victims of railroad accidents when they bring a lawsuit. This includes medical bills, lost wages as well as pain and suffering and compensation for any permanent disability you've suffered due to the accident. The amount you could be awarded will vary depending on the circumstances surrounding your case, as well as your personal injury experience. An experienced FELA lawyer will be required to collect evidence to prove negligence by the railroad in the causing of your injuries. Exposed to harmful chemicals is one of the most frequent causes of accident in the railroad industry. For example, benzene, creosote, as well as asbestos can cause cancer or another serious diseases if employees are exposed to these substances. Railroad employees can prove their negligence by conducting a thorough investigation of their work environment. If you are an injured railroad worker and have questions about your legal rights, it's essential to talk to an attorney right away. An experienced FELA railroad injury lawyer can assist you with obtaining the compensation you need to cover your losses and restore your quality of life after an accident. You'll have to show that the railroad was negligent and you were not responsible for the accident. This is a more difficult task than what you would have to prove in a worker claims for compensation. Federal Employers Liability Act (FELA) states that railroads are bound by an obligation of care for their employees. They are liable for any injuries that you sustain when they fail to fulfill this obligation. Railroad injury lawsuits can be very costly because the property damaged in an accident may be extremely valuable. This could be cars, equipment, or buildings. In many cases, the company's lawyers will be more focused on getting a case settled quickly rather than having the jury award punitive damages. A skilled FELA attorney who specializes in handling railroad injury claims can negotiate an equitable settlement that is appealing to both parties. This can make a huge difference in your case's outcome and your recovery.