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How to File a Railroad Injuries Lawsuit You may be entitled to compensation if you are a railroad employee who has been injured at work They are covered by an exclusive federal law known as the Federal Employers Liability Act or FELA Contrary to the typical Illinois workers compensation laws FELA requires railroad employees to prove that their employer caused their injuries through negligence They must also show that the railroad did not follow safety rules The cause of the accident Railroads are complicated machines that require many systems to operate properly to ensure safety for passengers If a single piece of equipment fails it could cause severe damage and lead to an accident that kills or harms people Negligent conductors human error and track problems are among the most common causes for train accidents Other times a driver or pedestrian is at fault for the derailment If youve been injured as a result of an accident on the train contact an attorney as soon as possible to discuss your legal options Your lawyer can assist you to get the proper medical treatment and can file a claim to claim damages and pursue any restitution due to you Railroad employees have the right to sue their employers for workplace injuries or illnesses under the Federal Employers Law FELA This is different from a workers compensation claim A FELA claim must establish that the business failed to provide a safe work environment as required by law Negligence means that the company did not take reasonable care to provide you with a secure work environment If you can prove negligence you will be entitled to compensation for the losses you suffered including physical suffering mental anguish and disfigurement Human error is the primary reason for train accidents This includes conductors and railroad employees negligence in failing to observe safety precautions or operating the train while fatigued distracted or drunk Train accidents may also result from track defects like broken rails debris or inadequate safety equipment at railway crossings Additionally train operators who are not experienced who fail to follow the correct safety protocols can be responsible for accidents These errors can result in serious and fatal injuries Railroad workers who are injured should seek the counsel of a lawyer experienced in handling railroad injury lawsuits as they can ensure that their rights are protected and that the victims receive fair and reasonable compensation for their injuries Our firm has a longstanding track record in taking on train accident cases and winning the highest amount of compensation for our clients Dangerous Exposure Railroad workers are exposed to many dangers while working The risk is very high from hazardous substances that are found in trains to chemical spills in accidents Federal Employers Liability Act FELA states that railroads are bound by the duty of care to ensure that their employees are protected from injuries They also must create a safe space for their employees to work in A company could be found guilty if they fail adhere to this standard An FELA lawyer can help you make your railroad employer accountable for any injuries you might have suffered while working on the railroad They can gather evidence talk with medical experts and determine if there is a connection between the exposure and your health condition Toxic chemicals as well as other hazardous substances are used frequently by railroad companies to clean and repair their equipment Welders are exposed to toxic fumes when they work or working on repairs while general workers may be exposed like creosote as well as degreasing agents Some of these chemicals are listed as hazardous substances and could cause serious injury to those working with them Chlorine and benzene are two examples of toxic chemicals that have been responsible for serious accidents including the 2005 Norfolk Southern train crash in Graniteville South Carolina that killed nine people Asbestos a different substance used in railroad industry has been linked to mesothelioma a type of cancer and other diseases If railroad injury lawyer directory are a railway worker who was diagnosed with cancer due to the exposure to asbestos a FELA lawyer can assist you get compensation for your pain If you have questions about your case or if youd like to discuss your legal options with a knowledgeable railroad injury lawyer contact us now for a nocost consultation Well discuss your case and determine if you have a strong claim for compensation There are hidden dangers in the railway industry as well as the obvious dangers For instance train workers and first responders can be unaware of the dangers of hazardous chemicals that are being released when a wreck site is undergoing reconstruction Duty of Care An employee who has been injured in a railroad accident can seek damages from their employer This is done by filing a railroad accident lawsuit under the Federal Employers Liability Act A worker must prove that the railroad was negligent in causing the accident to be legally able to file an action This is a complicated job that requires the railroad to prove that it has a duty of care There are a number of aspects to consider when attempting to prove a duty of care such as the balancing tests that were developed by California law The balancing test requires a number of aspects and needs to be carefully evaluated against one another in order to determine whether the defendant owed the plaintiff the duty of care and whether they breached this obligation Each company has its own obligation of care While the obligations of care could be different for an IT company than an construction company they are similar in terms of prevention risk assessment and planning as well as communication Employee safety is an integral aspect of any businesss operations Its crucial for the health and wellbeing of your employees As such its a good idea to have someone dedicated to this area of your businesss operations Many companies have dedicated Employee Health and Safety EHS or Safety Officers that are responsible for maintaining a healthy safe working environment They are usually very wellinformed and can help prevent future accidents Additionally they can help with any issues caused by an accident or injury at work This could include getting the proper medical attention finding out about any missed days of work or lost wages and getting reimbursement for time lost on the job It could be a disaster for you and your family members if your employer fails to meet their obligation to care It could also affect your employment prospects as it could indicate that the business isnt competent and cannot provide a safe work environment If you suspect that you have a case against the railroad in case of railroad injuries it is vital to speak with an attorney for free Damages When you file a railroad accident lawsuit there are various damages that could be awarded This includes medical bills lost wages along with pain and suffering and the cost of any permanent disability you have incurred because of the accident The amount you can receive will vary in accordance with the circumstances surrounding your case and your own personal injury past A seasoned FELA lawyer will be required to collect evidence and prove the negligence of the railroad in the causing of your injuries One of the most common types of accidents that happen in the railroad industry is exposure to hazardous chemicals For instance benzene creosote and asbestos can all cause cancer or other serious diseases if employees are exposed to them A thorough investigation of the workplace may assist a railroad worker in proving that their employer was negligent in allowing them to be exposed to these hazardous substances It is important to consult an attorney immediately if you are an injured railroad worker A knowledgeable FELA railroad accident lawyer can assist you in obtaining the compensation you require to cover your losses and improve your quality of living after an incident at work Youll have to show that the railroad was negligent and you werent responsible for the accident This is a heavier burden than the one you would need to prove in a worker comp claim The Federal Employers Liability Act FELA states that railroads are bound by a duty to provide their employees with a safe environment to work They are responsible for any injuries that you sustain if they fail to meet this obligation The damages for a railroad accident lawsuit can be quite significant because the property involved in the incident is usually extremely valuable This can include equipment cars and even buildings Sometimes the companys lawyers are more focused on getting the case settled quickly rather than avoiding having the jury give punitive damages A knowledgeable FELA lawyer who specializes in railroad injuries can negotiate an equitable settlement that is agreeable to both parties This could make a significant difference in your cases outcome and your recovery