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How to File danville railroad crossing accident attorney If youre railway worker and have been injured while working you could be entitled to compensation Workers who are injured are protected by the federal law known as the Federal Employers Liability Act or FELA FELA requires railroad employees in contrast to the standard Illinois workers compensation laws to prove negligence by their employer They must also prove that the railroad violated safety rules Accident Cause The railroad is a complex machine with a variety of independent systems that must function effectively to ensure that passengers are safe If one piece of equipment malfunctions it can cause catastrophic damage and cause an accident that kills or hurts people Negligent conductors human error and track problems are among the most frequently cited causes for train accidents Other times a driver or pedestrian is responsible for an accident Contact an attorney immediately if youve been injured by a train accident Your lawyer can assist in obtaining the proper medical treatment filing an insurance claim and pursuing any restitution which 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 because the basis for a FELA claim must establish that the company was negligent in providing workers with a safe and secure work environment in accordance with the law Negligence occurs when a company did not take reasonable care to provide a safe work environment If the companys negligence is proven you may be able to claim damages for your injuries which could include mental distress and disfigurement One of the most common causes of train accidents is human error which can be caused by conductors or railroad workers carelessness in not following safety guidelines or operating the train when distracted fatigued or drunk Other factors that contribute to train accidents include track defects like broken rails or debris on the tracks or defective or inadequate safety equipment at railway crossings Similarly inexperienced train operators who do not adhere to proper safety procedures could be liable for an accident These mistakes can lead to severe and fatal injuries Railroad workers injured in an accident must seek out the help of an experienced lawyer who has handled railroad injury lawsuits they can ensure that their rights are protected and that the victims receive fair and equitable compensation for their injuries Our firm has a proven track record of obtaining the highest amount of compensation for our clients in train accidents cases Dangerous Exposure Railroad workers face numerous dangers during their work From hazardous substances that are used on trains to chemical leaks that occur during accidents the risks are substantial The Federal Employers Liability Act FELA states that railroads are bound by the obligation to take reasonable care in keeping their employees safe from injuries They also have a responsibility to provide them with a reasonably secure workplace If a company does not meet this standard it may be held accountable in an action An FELA lawyer can assist you to hold your railroad employer responsible for any injuries you might have sustained while working for the railroad They can gather evidence speak with medical experts and determine whether there is a connection between the exposure and your health condition Railroad companies often use toxic chemicals and other dangerous substances to clean and repair equipment Welders may be exposed to toxic fumes during their work and general repair workers might be exposed to cleaning solvents such as creosote and degreasing agents Certain of these chemicals have been given a HAZMAT designation and could cause serious injuries to those working around them Chlorine and benzene are just two examples of toxic chemicals that have led to grave accidents including the 2005 Norfolk Southern train crash in Graniteville South Carolina that killed nine people Another substance that is commonly used in the railroad industry is asbestos which has been linked to cancer mesothelioma and other illnesses A FELA lawyer can help railroad workers who have been diagnosed with cancer due to their exposure to asbestos If you have questions regarding your case or if you would like to discuss your legal options with a knowledgeable railroad injury lawyer please contact us today to schedule a free consultation Well review your case and determine whether you have a solid claim for compensation There are hidden dangers associated with the railroad industry as well as the obvious dangers First responders and crews of trains often dont know about hazardous chemicals that are released from wreck sites Duty of Care If an employee is injured in a railroad accident the employee is entitled to seek compensation from his employer This is done through an injury lawsuit against the railroad under the Federal Employers Liability Act FELA To be able to claim compensation for this kind of injury a worker must show that the railroad was negligent and the negligence led to their accident This is a difficult task that requires the railroad to prove the duty of care There are a myriad of factors to look at when trying to prove the duty of care including the balancing test that was created by California law The testing of balancing is a complicated mix of several elements that must be carefully weighed against one another to determine if the defendant owed the plaintiff any duty of care or whether they violated it The responsibility of care differs from one company to the next It may differ for a construction firm than software company however the same responsibilities apply to both including prevention risk assessment planning and communication Employee safety is an integral element of any companys business It is essential for the health and wellbeing of your employees As such its a good idea to hire someone who will be devoted to this aspect of your companys operations Many companies have dedicated Employee Health and Safety EHS or Safety Officers who are responsible to ensure a healthy and safe work environment These people are often very knowledgeable and can prevent future accidents They can also help in any concerns that arise from an accident or injury at work This could include getting the proper medical treatment finding out about any missed days of work or lost wages and obtaining reimbursement for time lost working However if your employer fails in meeting their obligations of care it could be a disaster for you and your family It could also impact your job prospects in the future since it could be an indication that the company isnt competent enough and isnt able to keep a safe work environment This is why its essential to consult with an attorney at no cost If you think you may have a claim for a railroadrelated injury lawsuit Damages There are a variety of damages that are available to victims of railroad accidents if they make a claim These include lost wages medical bills and suffering as well as compensation for any permanent disability that you may have suffered as a result The amount you will receive will differ in accordance with the circumstances surrounding your case and your personal injury past An experienced FELA lawyer will be required to collect evidence to prove negligence by the railroad in the cause of your injuries One of the most common kinds of accidents that occur in the railway industry is exposure to hazardous chemicals Exposure to harmful chemicals such as asbestos creosote and benzene can cause cancer or other serious illnesses in employees An indepth investigation of the workplace could help a railroad employee prove that their employer was negligent in allowing them to be exposed substances It is imperative to talk to an attorney right away if you are a railroad worker injured An experienced FELA railroad injury attorney will assist you in getting the money you need to pay for your expenses and restore your standard of life following an accident Youll need to demonstrate that the railroad was negligent and that you werent at fault for the accident This is a much higher burden of proof than the one you would have to meet in an injury claim Federal Employers Liability Act FELA states that railroads are bound by obligations of care to their employees If they fail to meet the obligation theyre liable for the damages you suffer from your injuries Damages for a railroad injury lawsuit can be significant due to the property that was damaged in the accident is often very valuable This could include cars equipment or even buildings Sometimes the companys lawyers will be more concerned with the speed of settlement instead of having the jury give punitive damages A skilled FELA attorney who is skilled in handling railroad injury claims can negotiate an equitable settlement that appeals to both parties This can make a big difference in your cases outcome and the amount you recover