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How to File a Railroad Injuries Lawsuit If you're an employee of a railroad and have been injured on the job you could be entitled to compensation. The workers are protected under a specific federal law referred to as the Federal Employers Liability Act, or FELA. Unlike traditional Illinois workers' compensation laws FELA requires railroad employees to prove that their employer was responsible for their injuries due negligence. They must also demonstrate that the railroad did not follow safety standards. Accident Cause The railroad is a complex machine that includes a number of different systems that must function properly in order to ensure that passengers are safe. A single piece of equipment could fail and cause major damage that could result in an accident that kills or injures. Negligent conductors, human error, and track problems are some of the most common causes of train accidents. Sometimes an individual, whether a driver or pedestrian is responsible for a train accident. If you've suffered injuries in an accident involving trains, call an attorney right away to discuss your legal options. The lawyer you choose to work with can assist in obtaining appropriate medical treatment, filing an claim for compensation and pursuing any restitution that is due to you. Railroad employees are entitled to sue their employers for injuries or illnesses that occur in the workplace under the Federal Employers Law (FELA). This is distinct from a workers' comp case. A FELA claim must demonstrate that the company failed to provide a safe workplace as required by law. Negligence means the company did not use reasonable care to provide you with a safe workplace. If the company's negligence is proven, you can claim damages for your injuries, which include mental anxiety and disfigurement. Human error is the leading reason for train accidents. This is the case for conductors' as well as railroad employees' carelessness in ignoring safety precautions, operating the train while fatigued, distracted or drunk. Train accidents may also result from track defects such as broken rails and debris, as well as inadequate safety devices at railway crossings. Train operators with a lack of experience can be responsible for accidents if they fail follow safety procedures. Most often, these errors result in fatal and severe injuries. Railroad workers who suffer injuries should consult a lawyer who is familiar with railroad injury lawsuits. They can to ensure that their rights are protected and that victims receive fair and fair compensation for their injuries. Our firm has a solid track record in taking on train accident cases and winning the maximum compensation possible for our clients. Exposure to Danger Railroad workers are exposed to a myriad of dangers while working. The risk is very high, from the hazardous substances that are that are found on trains to chemical spills during accidents. Federal Employers Liability Act (FELA) states that railroads must perform a duty of reasonable care to ensure that their employees are safe from injury. They also have to offer a safe place for their employees to work in. A company could be sued if they fail adhere to this standard. A FELA injury lawyer can assist you in holding your employer responsible for any health problems that you've gotten due to your work on the railroad. They can gather evidence, talk to medical professionals and find a link between the exposure you were exposed to and your health condition. Toxic chemicals and other harmful materials are commonly used by railroad companies to clean, repair, and lubricate their equipment. Welders may inhale toxic fumes when they work as well as general repair workers may be exposed like creosote as well as degreasing agents. Certain of these compounds are listed as hazardous substances and could cause serious injuries to people working around them. Chlorine and benzene are just two examples of toxic chemicals that have led to serious accidents, including 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 illnesses. A FELA lawyer can assist railroad workers who have been diagnosed with cancer because of their exposure to asbestos. If you have any concerns about your case, or you would like to discuss your legal options with an experienced railroad injury lawyer, call us today for a free consultation. We'll talk about your case and determine whether you have a solid claim for compensation. There are hidden dangers in the railroad industry, in addition to the obvious dangers. First responders and train crews often don't have the knowledge of dangerous chemical releases from wreck sites. Duty of Care A person who is injured in a railroad accident can demand compensation from their employer. This is done by filing an injury lawsuit against the railroad under the Federal Employer's Liability Act (FELA). To be able to claim compensation for this type of injury, a worker must establish that the railroad was negligent and that the negligence caused the accident. This is a challenging task that requires the railroad to demonstrate that it has a duty of care. There are many factors to look at when attempting to prove a duty of care, including the balancing test , which was developed by California law. The balancing test is a complex combination of several factors which must be carefully evaluated against each other in order to determine whether the defendant owed the plaintiff any duty of care , or whether they breached it. The duty of care varies between companies. While the duties of care might differ for a software company than one operating in construction, the responsibilities are the same as prevention, risk assessment and planning, as well as communication. Employee safety is an integral element of any company's business. It is essential for the health and well-being of your employees. It's an excellent idea for your company to hire someone who is specialized in this area. Many companies have Safety Officers or Employee Health and Safety (EHS) who are accountable to ensure a safe and healthy workplace. They are usually experienced and can avoid any future accidents. They can also help with any concerns that may arise from an accident injury at work. This could include getting the proper medical attention, learning about any missed days of work or lost wages and obtaining reimbursement for time lost working. If your employer fails in meeting their duty of care this could be devastating for you and your family. It could also affect your future job prospects as it may be a sign that the company isn't competent and is unable to ensure a safe working environment. If you believe that you be able to sue the railroad for railroad-related injuries It is crucial to consult an attorney without cost. Damages There are numerous damages that are available to victims of railroad accidents when they decide to file a lawsuit. This includes lost wages, medical bills along with pain and suffering and compensation for any permanent impairment you've suffered due to the accident. The amount you could be awarded will vary dependent on the circumstances surrounding your case, and your own personal injury past. A successful claim requires an experienced FELA lawyer to gather evidence and prove the railroad was negligent in causing your injuries. Exposure to dangerous chemicals is one of the most common causes of accidents in the railroad industry. For example, benzene, creosote, and asbestos can cause cancer or other serious illnesses if workers are exposed to these substances. An in-depth investigation of the workplace can help a railroad employee establish that their employer was negligent in allowing them to be exposed substances. It is crucial to speak with an attorney right away if are a railroad worker injured. A knowledgeable FELA railroad accident lawyer can assist you to obtain the compensation you require to help you recover your losses and improve your quality of living after a work-related incident. You'll need to prove that the railroad was negligent and that you weren't responsible for the accident. This is a higher burden of proof than the one you would have to meet in an appeal for workers' compensation. The Federal Employers Liability Act (FELA) states that railroads are bound by obligations to provide their employees with a safe and secure place to work. If they fail to meet this duty, they are liable for the damages you suffer because of your injuries. Damages for a railroad injury lawsuit can be quite significant due to the property involved in the accident can be extremely valuable. This could include equipment, cars, or buildings. In many cases, companies' lawyers are more focused on settling a matter in the shortest time possible so that they can avoid having jurors 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 significant difference in your case's outcome and the amount you recover.