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How to File a Railroad Injuries Lawsuit You may be qualified for compensation if are a railroad employee who has suffered an injury on the job. These workers are protected by a special federal law known as the Federal Employers Liability Act, or FELA. Unlike traditional Illinois workers' compensation laws FELA requires railroad employees to prove that their employer caused their injuries due negligence. They must also prove that the railroad did not follow safety guidelines. The Cause of the Accident The railroad is a complex machine with several independent systems that must function efficiently to ensure that passengers are safe. A single piece of equipment could fail and cause serious damage that could result in an accident that kills, or even injures. Some of the most frequent causes of train accidents is human negligence, negligent conductors and track issues. Sometimes, a driver or pedestrian is the cause of the derailment. Contact railroad always wins lawsuit if you've suffered injuries in a train crash. Your lawyer can assist in obtaining appropriate medical treatment, filing an claim for compensation and pursuing any compensation that is due to you. Railroad employees have the right to sue their employer for a workplace injury or illness under the Federal Employers Liability Act (FELA). This is different from the workers' compensation lawsuit because the basis for a FELA claim must show that the company was negligent in providing you with a safe working environment in compliance with the law. Negligence happens when a business did not take reasonable care to ensure a safe working environment. If you can prove negligence and you are able to seek damages for your injuries, which include mental anxiety and disfigurement. Human error is the main reason behind train accidents. This is due to conductors' or railroad employees' carelessness in failing to observe safety precautions, operating the train while fatigued, distracted or drunk. Train accidents may be caused by track imperfections such as broken rails and debris, as well as inadequate safety devices at railway crossings. Similarly, inexperienced train operators who do not follow proper safety procedures can also be responsible for accidents. Most often, these errors can cause serious and fatal injuries. Railroad workers who have suffered injuries must consult a lawyer that is experienced in railroad injury lawsuits. They can to protect their rights and ensure that the victims receive fair and equitable compensation for their injuries. Our firm has a solid track record in taking on railroad accident cases and obtaining the maximum compensation possible for our clients. Dangerous Exposure Railroad workers face many dangers when on the job. Risks are high from dangerous substances that are found on trains to chemical spills in accidents. The Federal Employers Liability Act (FELA) states that railroads have an obligation to use reasonable care to keep their employees protected from injuries. They must also offer a safe place for their employees to work in. A company could be sued if they fail meet this standard. A FELA injury lawyer will help you hold your employer accountable for any health issues 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 had to and your health condition. Railroad companies typically use toxic chemicals and other hazardous substances to clean, repair, and lubricate equipment. Welders could inhale toxic fumes when they work or working on repairs, while general workers may be exposed to solvents such as creosote and degreasing agents. Certain of these chemicals have been given a HAZMAT designation and could cause serious injuries to people working around them. Two examples of harmful chemicals that have caused serious accidents are benzene and chlorine, which caused the deaths of nine people in the Graniteville, South Carolina, train crash that killed nine. Asbestos, another substance commonly employed in the railroad industry, has been linked with mesothelioma cancer as well as other illnesses. A FELA lawyer can help railroad workers who have been diagnosed with cancer because of their exposure to asbestos. If you have any questions regarding your case, or you'd like to discuss your legal options with an experienced railroad injury lawyer, please contact us today for a no-cost consultation. We will evaluate your case and determine whether you have a strong claim for compensation. In addition to the obvious risks, there are also many concealed dangers within the railroad industry. First responders and train crews often aren't aware of the hazardous chemical substances released at wreck sites. Duty of Care When an employee is injured in a railroad accident, the employee has the legal right to seek compensation from the 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 a lot of work to establish the duty of care of the railroad. There are a myriad of factors to look at when attempting to prove the existence of a duty of care including the balancing test , which was developed by California law. The balance test is a complex combination of several factors that must be carefully assessed against each other to determine whether the defendant owed the plaintiff any duty of care or whether they breached it. The responsibility of care differs between companies. It could be different for a construction company to software companies, however the same obligations are applicable to both that includes prevention, risk analysis planning, communication, and prevention. Employee safety is an integral part of any company's business. It is essential for the health and well-being of your employees. This is why it's a good idea that you have someone dedicated to this aspect of your company's operation. Many companies have Safety Officers, also known as Employee Health and Safety (EHS), who are responsible for maintaining a safe and healthy workplace. These individuals are skilled and knowledgeable in their area of expertise, which could assist in preventing accidents in future. In addition, they are able to assist with any concerns that arise from an accident or injury at work. This could include getting the proper medical attention, learning about missed days at work or lost wages, and getting compensation for time lost working. If your employer fails to meet their obligation to care it could be devastating for you and your family. It could also impact your chances of regaining employment, since it could be an indication that the business is incompetent and cannot properly ensure a safe working environment. This is the reason it's so important to consult with an attorney free of charge if you think that you could be a candidate for a railroad injuries lawsuit. Damages There are many damages that can be awarded to railroad injury victims when they bring a lawsuit. These damages include lost wages, medical bills and suffering, as well as the cost of any permanent disability that you might have suffered as a result. The amount you'll receive is contingent upon your personal injury history and the circumstances surrounding your case. An experienced FELA lawyer will be required to collect evidence and prove negligence of the railroad in the cause of your injuries. Exposure to hazardous chemicals is among the most frequent causes of accidents in the railway industry. Exposure to harmful chemicals such as creosote, benzene, and asbestos can cause cancer or other serious illnesses among employees. A thorough investigation of the workplace can aid a railroad worker to prove 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 you are a railroad worker injured. An experienced FELA railroad injury attorney can help you get the compensation you require to cover your losses and restore your quality of life following a work-related accident. In addition to proving the railroad was negligent, you'll be required to prove you weren't at fault in the incident. This is a greater burden of proof than you would need to meet in a workers' compensation claim. Federal Employers Liability Act (FELA) states that railroads owe an obligation of care for their employees. They are liable for any injuries you suffer if they fail to meet this duty. Railroad injury lawsuits can be very expensive as the property damaged in an accident can often be extremely valuable. This could include vehicles, equipment or even buildings. In many cases, companies' lawyers are more focused on settling the case as fast as they can so that they can avoid having the jury assign punitive damages. A knowledgeable FELA attorney who specializes on railroad injuries can negotiate an equitable settlement that is acceptable to both parties. This can make a big difference in the outcome of your case as well as your recovery.