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How to File a Railroad Injuries Lawsuit You may be eligible for compensation if you are a railroad worker who has suffered an injury while on the job. These workers are protected by the federal law known as the Federal Employers Liability Act, or FELA. Unlike standard Illinois workers insurance laws, FELA requires railroad employees to prove that their employer caused injuries due to negligence. They must also show that the railroad violated safety rules. Accident Cause The railroad is a complex machine with several independent systems that have to function properly in order to ensure the safety of passengers. If a single piece of equipment fails it could cause severe damage and result in an accident that kills, or seriously hurts people. railroad injury lawyer , human error and track problems are some of the most common causes for train accidents. Sometimes, a motorist or pedestrian is the cause of a derailment. If you've been injured as a result of the course of a train accident, you should contact an attorney immediately to discuss your legal options. Your lawyer can help you in obtaining medical treatment, submitting an insurance claim, and pursuing any compensation 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 distinct from a workers' compensation claim. A FELA claim must prove that the employer failed to provide a safe workplace as required by law. Negligence means the company did not exercise reasonable care to provide you with a secure work environment. If you can establish negligence, you'll be entitled to compensation for the losses you suffered, including physical discomfort, mental anguish and disfigurement. One of the most common causes of train accidents is human error. This includes a railroad employee's or conductor's negligence in failing to follow safety guidelines or operating the train when fatigued, distracted, or intoxicated. Train accidents may also result from track defects such as broken rails and debris, as well as inadequate safety devices at railway crossings. In the same way, train operators with inadequate experience who fail to follow the correct safety procedures could be at fault for an accident. These mistakes can result in fatal and severe injuries. Railroad workers who are injured need to consult a lawyer who has experience in railroad injury lawsuits. They will be able ensure that their rights and that victims get fair and fair compensation for their injuries. Our firm has a solid track record in taking on train accident cases and winning the most compensation for our clients. Dangerous Exposure Railroad workers are exposed to a variety of dangers during their work. From hazardous chemicals used on trains to chemical leaks during accidents the dangers are high. Federal Employers Liability Act (FELA), states that railroads are bound by the obligation of reasonable care to keep their employees protected from injuries. They also must ensure a safe and secure environment for their employees to work in. A company could be sued if they fail meet the requirements of this standard. A FELA injury lawyer can help you hold your employer responsible for any health conditions you have developed after working on the railroad. They can collect evidence, talk with medical professionals, and discover an association between the type of exposure you had to and your health condition. Railroad companies often employ toxic chemicals and other hazardous substances to clean and repair equipment. Welders could be exposed to toxic fumes during their work, while general repair workers could be exposed to cleaning solvents like creosote or other degreasing substances. Certain of these chemicals are HAZMAT-listed and may cause serious injuries to people working around them. Chlorine and benzene are two examples of harmful chemicals that have caused catastrophic accidents, such as 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. A FELA lawyer can help railroad workers who have been diagnosed with cancer due to 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 examine your case and determine if you have a legitimate claim for compensation. In addition to the most obvious dangers, there are a myriad of invisible dangers in the railway industry. For instance, train crews and first responders are often unaware of the harmful chemicals that are being released when a wreck site is undergoing reconstruction. Duty of Care If an employee is injured in a railroad accident, the worker is legally entitled to seek compensation from his employer. This is accomplished by filing a railroad injuries lawsuit under the Federal Employer's Liability Act (FELA). In order to be awarded compensation for this type of injury, a person must demonstrate that the railroad was negligent and that the negligence led to their accident. This requires an extensive amount of work to establish a duty of care by the railroad. There are many factors to take into consideration when trying to prove a duty to care. California law has created the balance test. The balancing test consists of a variety of elements and should be carefully evaluated against one another in order to determine whether the defendant did not owe the plaintiff a duty of care and whether they violated the obligation. Each company has a different duty of care. While the duties of care may be different for software companies than for one operating in construction, the responsibilities are the same in terms of prevention, risk assessment and planning as well as 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 for your company to hire someone who specializes in this field. Many companies have dedicated Employee Health and Safety (EHS) or Safety Officers that are responsible for ensuring a healthy and safe working environment. These employees are usually highly experienced and can avoid future accidents. They can also assist with any issues that could result from an accident or injury at work. This may include getting proper medical treatment, finding out about any missed days of work or wages lost, and getting reimbursement for lost time on the job. It could be disastrous for you and your family members if your employer fails to meet their duty of care. It could also impact your employment prospects as it could signal that the business isn't competent and cannot maintain an environment of safety. If you think you might have a case against the railroad for injuries sustained in railroad accidents It is crucial to consult an attorney free of charge. Damages There are numerous damages that are available to victims of railroad injuries when they decide to file a lawsuit. These include lost wages, medical bills as well as pain and suffering and compensation for any permanent disability you have incurred as a result of the accident. The amount of money you can receive will vary according to the circumstances of your case, and your personal injury history. An experienced FELA lawyer will be required to collect evidence and prove negligence by the railroad in the cause of your injuries. One of the most frequent types of accidents that happen in the railroad industry is exposure to hazardous chemicals. Exposure to harmful chemicals like asbestos, creosote and benzene can cause cancer or other serious illnesses in employees. An exhaustive investigation of the workplace could help a railroad employee establish that their employer was negligent in allowing them to be exposed substances. If you're an injured railroad worker and you have a question about your legal rights, it is crucial to contact an attorney as soon as possible. An experienced FELA railroad accident lawyer will assist you in getting the compensation you require to help you recover your losses and improve the quality of your life after an accident at work. In addition, to prove that the railroad was negligent, you will have to prove that you were not the cause in the incident. This is a greater burden of proof than the one you would need to meet in an appeal for workers' compensation. Federal Employers Liability Act (FELA), states that railroads owe obligations of care to their employees. They are accountable for any injuries that you sustain in the event that they fail to perform this obligation. Railroad lawsuits for injuries can be very costly because the property damaged by an accident can be extremely valuable. This could include vehicles, equipment or even buildings. Sometimes, the company's lawyers will be more concerned with getting the case settled quickly instead of having the jury award punitive damages. A skilled FELA attorney with experience handling railroad injury cases 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 recovery.