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How to File a Railroad Injuries Lawsuit You could be qualified for compensation if are a railroad employee who was injured while on the job. The workers are protected under an exclusive 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 injuries due to negligence. They must also prove that the railroad violated safety rules. Cause of the Accident The railroad is a complex machine with a variety of independent systems that need to work properly in order to ensure the safety of passengers. If a single piece of equipment fails it could cause severe destruction and can lead to an accident that kills or hurts people. Some of the most common causes of train accidents is human negligence, negligent conductors and track problems. Other times, a driver or a pedestrian is responsible for an accident. If you've been injured as a result of a train crash, contact an attorney as soon as possible to discuss your legal options. The lawyer you choose to work with can help you obtain proper medical treatment and also file a claim for damages, and pursue any restitution due to you. A railroad employee has the right to sue their employer over an accident or illness at work under the Federal Employers Liability Act (FELA). This is different from a workers' compensation claim 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 accordance with the law. Negligence is when a company did not take reasonable care to provide you with a safe work environment. If the company's negligence is proven and you are able to seek damages for your injuries. This includes mental trauma and disfigurement. One of the most common causes of train accidents is human error, which can be caused by a railroad employee's or conductor's negligence in failing to observe safety precautions or operating the train when tired, distracted, or intoxicated. Train accidents can be caused by track imperfections such as broken rails, debris, or inadequate safety equipment at railway crossings. Similarly, inexperienced train operators who fail to adhere to safety procedures could be responsible for accidents. Many times, these errors result in severe and deadly injuries. Railroad workers who are injured should consult a lawyer who has experience in railroad injury lawsuits. They will be able ensure that their rights and that the victims receive fair and equitable compensation for their injuries. Our firm has a demonstrated track record in taking on train accident cases and winning the highest amount of compensation for our clients. Exposure to Danger Railroad employees are exposed to a variety of hazards while working. From hazardous substances that are found on trains , to chemical leaks during accidents the risks are significant. Federal Employers Liability Act (FELA), states that railroads have an obligation of reasonable care to keep their employees safe from injury. They are also required to provide them with a reasonably secure workplace. If a company fails adhere to this standard, they may be held accountable in an action. A FELA injury lawyer can assist you in holding your employer responsible for any health issues you've developed as a result of working on the railroad. They can collect evidence, talk with medical experts and determine whether there is a link between the exposure and your health condition. Toxic chemicals and other harmful substances are frequently used by railroad companies to clean and repair their equipment. Welders could be exposed to toxic fumes during their work, and general repair workers could be exposed to cleaning solvents like creosote, or degreasing chemicals. Some of these compounds have a HAZMAT designation, and may cause serious injuries to people working around them. Two examples of harmful chemicals that have caused serious accidents include benzene and chlorine, which resulted in the death of nine victims in the Graniteville, South Carolina, train crash that killed nine. Another substance that is commonly used in the railroad industry is asbestos and has been linked to cancer mesothelioma and other illnesses. A FELA lawyer can assist railroad workers who have been diagnosed with cancer as a result of their exposure to asbestos. If you have any questions about your case, or if you would like to discuss your legal options with a knowledgeable railroad injury lawyer, call us today for a free consultation. We will evaluate your case and determine whether you have a legitimate claim to compensation. There are hidden dangers in the railroad industry, as well as the obvious dangers. Train crews and first responders often don't know about hazardous chemicals released at wreck sites. Duty of Care An employee who is hurt by a railroad accident may seek damages from their employer. This is done by filing an injury lawsuit against the railroad under the Federal Employer's Liability Act (FELA). A worker must demonstrate that the railroad was negligent in causing their injury to be capable of filing a claim. This takes many hours of work to establish a duty of care by the railroad. There are a variety of factors to look at when trying to prove that there was a duty to care, including the balancing test that was created by California law. The balance test is a complex combination of various factors which must be carefully evaluated against one another to determine whether the defendant was owed any duty of care or whether they violated it. Each company has a different duty of care. It can be different from a construction company to software companies, however the same duties apply in both cases that includes prevention, risk analysis, planning, and communication. Employee safety is an integral element of any company's business. It's essential for the health and well-being of your employees. It's therefore a good idea to have someone who is dedicated to this area of your business's operations. Many companies have Safety Officers or Employee Health and Safety (EHS), who are responsible for ensuring a safe and healthy work environment. They are usually experienced and can avoid any future accidents. In addition, they are able to help with any issues that arise from an injury or accident at work. This can include obtaining proper medical attention, learning about missed days of work or wages lost and obtaining reimbursement for lost time working. It could be catastrophic for you and your family if your employer fails to meet their duty of care. It could also impact your chances of gaining employment as it could suggest that the company is not competent and is not able to maintain an environment of safety. If you suspect that you have a case against the railroad for railroad injuries it is essential to speak with an attorney at no cost. Damages When you file a railroad accident lawsuit, there are a number of damages that could be awarded. This includes medical bills, lost wages as well as pain and suffering and compensation for any permanent disability you have incurred due to the accident. The amount you will get depends on your personal injury history and the circumstances surrounding your case. A seasoned FELA lawyer will be required to collect evidence and prove the negligence of the railroad in the event of your injuries. The exposure to chemicals that pose a risk is one of the most common causes of accident in the railroad industry. Exposure to harmful chemicals like creosote, asbestos and benzene can cause cancer or other serious diseases in employees. An exhaustive investigation of the workplace may help a railroad employee establish that their employer was negligent in allowing them to be exposed to these hazardous substances. It is imperative to talk to an attorney right away if have been injured by a railroad employee. A knowledgeable FELA railroad injury attorney can assist you with obtaining the money you need to compensate for your loss and restore your quality of life following a work-related accident. In addition, to prove that the railroad was negligent, you'll also need to show that you were not responsible in the accident. This is a greater burden than the one you would need to prove in a worker' comp claim. Federal Employers Liability Act (FELA), states that railroads have the obligation of taking care of their employees. If they fail in their obligation to perform this obligation, they are accountable for any damages you suffer as a result of your injuries. Railroad injury lawsuits can be very expensive since the property destroyed in an accident can often be extremely valuable. This could include equipment, cars or even buildings. Many times, the firm's lawyers are more focused on getting the case settled quickly than they are about avoiding having the jury give 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 huge difference in the outcome of your case and your settlement.