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How to File a Railroad Injuries Lawsuit You could be eligible for compensation if you are a railroad employee who has suffered an injury on the job. Workers who are injured are protected by a special federal law known as the Federal Employers Liability Act, or FELA. Contrary to the typical Illinois workers' compensation laws, FELA requires railroad employees to prove that their employer was responsible for their injuries due negligence. They must show that the railroad did not adhere to safety standards. The cause of the accident Railroads are complicated machines that require multiple components to function properly and ensure safety for passengers. A single piece of equipment can fail and cause significant damage that could cause an accident that kills or hurts. Human error, negligent conductors and track issues are some of the most frequent causes of train accidents. Sometimes, a motorist or pedestrian is responsible for the derailment. Contact an attorney immediately if you were hurt in a train accident. Your lawyer can assist you to get the proper medical treatment and also file a claim for damages, and seek any restitution you are due. A railroad employee has the right to sue their employer over injuries or illnesses that occur in the workplace under the Federal Employers Liability Act (FELA). This is different from an injury claim for workers' compensation because the basis for a FELA claim must show that the company was negligent in providing workers with a safe and secure work environment in compliance with the law. Negligence is when the company did not take reasonable care to provide a safe work environment. If you are able to establish negligence, you'll be entitled to compensation for your losses including physical suffering, mental anguish and disfigurement. One of the primary causes of train accidents is human error, which includes conductors or railroad employees' inattention to safety guidelines or operating the train when tired, distracted, or intoxicated. Train accidents may also be caused by track defects such as broken rails or debris, or the inadequacy of safety equipment at railway crossings. Similar to train operators who are inexperienced who do not follow proper safety guidelines can also be responsible for accidents. These mistakes can often cause fatal injuries. Railroad workers who have suffered injuries must consult a lawyer that is familiar with railroad injury lawsuits. They will be able ensure that their rights and that victims receive fair and equitable compensation for their injuries. Our firm has a demonstrated track record of handling cases involving train accidents and obtaining the maximum compensation possible for our clients. Exposure to Danger Railroad workers face numerous dangers while on the job. The risks are high, from hazardous chemicals used on trains to chemical spillages during accidents. The Federal Employers Liability Act (FELA) states that railroads are required to a duty to use reasonable care in keeping their employees protected from injuries. They also have a duty to provide them with a safe place to work. If a business fails to meet this standard, they could be held accountable in the event of a lawsuit. An FELA lawyer can assist you to make your railroad employer accountable for any injuries you might have suffered while working on the railroad. They can collect evidence, speak with medical experts, 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 may breathe toxic fumes while doing their work, while general repair workers might be exposed to cleaning solvents such as creosote and degreasing agents. Some of these compounds are HAZMAT-listed , and can cause serious injuries to people working around them. Two examples of toxic chemicals that have caused serious accidents include benzene , and chlorine, which led to the death of nine victims in the Graniteville, South Carolina, train crash which killed nine. Another common substance used in the railroad industry is asbestos and has been associated with cancer mesothelioma as well as other illnesses. A FELA lawyer can assist railroad workers who have been diagnosed with cancer because of their exposure to asbestos. Contact us today for an appointment for a no-cost consultation if you have any questions or like to discuss your legal options. We will analyze your case and determine whether you have a legitimate 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 If an employee is injured in a train accident, the employee has a legal right to seek compensation from the employer. This is done by filing an injury lawsuit against the railroad under the Federal Employer's Liability Act (FELA). To win a claim for this kind of injury, a worker must establish that the railroad was negligent and the negligence caused the accident. This is a complicated job that requires the railroad to demonstrate that it has a duty of care. There are many factors to consider when trying to prove a duty of care. California law has created the balance test. The balancing test involves several aspects and needs to be carefully evaluated against one another to determine if the defendant owed the plaintiff the duty of care, and whether they violated this obligation. The duty of care varies from company to company. railroad injury attorneys can be different for a construction company to a software company, but the same responsibilities apply to both situations such as prevention, risk assessment planning, communication, and risk assessment. 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 a good idea for your company to have someone who is an expert in this field. Many companies have dedicated Employee Health and Safety (EHS) or Safety Officers who are responsible for ensuring a healthy and safe work environment. These employees are usually highly educated and can prevent any future accidents. They can also assist with any concerns that may arise from an accident or injury at work. This includes seeking medical attention, locating lost wages or unwork days, and obtaining reimbursement for time lost on the job. It could be catastrophic for your family and yourself if your employer fails to fulfill their obligation to care. It could also impact your chances of regaining employment, since it could be a sign that the company isn't competent and is unable to ensure a safe working environment. If you believe you may have a claim against the railroad for injuries sustained in railroad accidents, it is important to speak with an attorney for free. Damages There are numerous damages that could be awarded to victims of railroad injuries when they make a claim. These damages include lost wages, medical expenses and pain and suffering, as in addition to compensation for any permanent disability that you might be suffering as a result of. The amount you can receive will vary according to the circumstances of your case, as well as your personal injury past. A successful claim requires an experienced FELA lawyer to gather evidence and prove the railroad was negligent in causing your injuries. One of the most common kinds of accidents that occur in the railroad industry involves exposure to harmful chemicals. For instance, benzene creosote, and asbestos can all cause cancer or serious health issues if employees are exposed to them. A thorough examination of the work environment can assist a railroad worker in proving that their employer was negligent in allowing them to be exposed substances. It is important to consult an attorney as soon as you have been injured by a railroad employee. A knowledgeable FELA railroad injury attorney will assist you in getting the money you need to compensate for your loss and restore your quality of life after a work-related accident. In addition to proving that the railroad was negligent, you will be required to prove you were not responsible in the incident. This is a more difficult task than what you'd need to prove in a workers insurance claim. The Federal Employers Liability Act (FELA) states that railroads have obligations to provide their employees with a safe and secure place to work. If they fail to fulfill this duty, they are responsible for the injuries you incur from your injuries. Railroad injury lawsuits can be very expensive since the property destroyed in an accident may be extremely valuable. This could be cars, equipment, or buildings. In many cases, companies' lawyers are more focused on settling a case in the shortest time possible as they wish to avoid having the jury award punitive damages. A knowledgeable FELA attorney who is skilled in handling railroad injury claims can negotiate a fair settlement that appeals to both parties. This could make a huge difference in the outcome of your case as well as your recovery.