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How to File a Railroad Injuries Lawsuit If you are railroad employee and have been injured on the job you could be entitled to compensation Federal Employers Liability Act FELA protects workers Contrary to the standard Illinois workers compensation laws FELA requires railroad employees to prove that their employer caused their injuries through negligence They must be able to show that the railroad did not adhere to safety guidelines Accident Cause The railroad is a complex machine with several independent systems that have to function properly in order to keep passengers safe A single piece of equipment could fail and cause significant damage that could cause an accident that kills or even injures Negligent conductors human error and track issues are among the most common causes of train accidents Sometimes the driver or pedestrian is responsible for a train accident If youve 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 appropriate medical treatment submitting an insurance claim and pursuing any compensation that is due to you Railroad employees have the right to sue their employer over an injury or illness that occurred in the workplace under the Federal Employers Liability Act FELA This is distinct from an injury claim for workers compensation because the basis for a FELA claim must demonstrate that the company was negligent in providing you with a safe working environment as required by law Negligence occurs when the business did not take reasonable care to provide a safe work environment If negligence is proven that you have been injured you can seek damages for your injuries which could include mental distress and disfigurement One of the most frequent causes of train accidents is human error This includes conductors or railroad employees inattention to safety procedures or operating a train when distracted fatigued or intoxicated Train accidents can be caused by defects in the track such as broken rails or debris or insufficient security devices at railway crossings In the same way train operators with inadequate experience who do not follow proper safety procedures can also be at fault for an accident Many times these errors result in severe and deadly injuries Railroad workers who suffer injuries should seek out a lawyer who is skilled in railroad accident lawsuits They can to protect their rights and that victims receive fair and equitable compensation for their injuries Our firm has a track record of obtaining the highest payout for our clients involved in train accident cases Exposure to Danger Railroad employees are exposed hazards while working The risk is very high from hazardous substances found on trains to chemical spills during accidents The Federal Employers Liability Act FELA states that railroads are required to the obligation of using reasonable care to keep their employees protected from injuries They also have a responsibility to provide them with a reasonably safe place to work A company could be sued if they fail to comply with this standard An FELA lawyer can help you ensure that your railroad company is held accountable for any injuries you be suffering from while working on the railroad They can gather evidence talk with medical professionals and determine whether theres a connection between the exposure and the health condition you suffer from Railroad companies often employ toxic chemicals as well as other hazardous substances to clean and repair equipment Welders may inhale toxic fumes when they work as well as general repair workers could be exposed to solvents like creosote and degreasing agents Certain of these chemicals have the HAZMAT designation and may cause serious injuries to people working near them Chlorine and benzene are just two examples of toxic chemicals that have caused serious accidents including the 2005 Norfolk Southern train crash in Graniteville South Carolina that killed nine people Asbestos is another popular substance used in railroad industry has been linked to mesothelioma a type of cancer and other diseases If you are an employee of the railroad industry who was diagnosed with cancer as a result of the exposure to asbestos a FELA lawyer can assist you obtain compensation for your suffering If you have questions regarding your case or if you would like to discuss your legal options with an experienced railroad injury lawyer please contact us today to schedule a free consultation We will examine your case and determine if you have a viable claim to compensation In addition to the obvious dangers there are numerous concealed dangers within the railroad industry First responders and crews of trains often dont have the knowledge of dangerous chemical substances released at wreck sites Duty of Care If an employee is injured in a train accident the worker has the legal right to seek compensation from his employer This is done by filing a railroad accident lawsuit under the Federal Employers Liability Act A worker must demonstrate that the railroad was negligent in causing their accident to be legally able to file an action This is a challenging job that requires the railroad to show a duty of care There are a number of factors to consider when trying to prove a duty of care including the balancing test that was created by California law The balancing test is comprised of several elements and should be carefully weighed against one another in order to determine whether the defendant owed the plaintiff the duty of care and whether they breached this duty The obligation of care varies from one company to the next It can be different for a construction company than software company however the same obligations are applicable to both that includes prevention risk analysis planning communication and prevention Safety of employees is an essential element of any companys business Its vital for the health and wellbeing of your employees Its an excellent idea for your business to employ an expert in this area Many companies have Safety Officers also known as Employee Health and Safety EHS who are responsible for ensuring a safe and healthy workplace They are proficient and knowledgeable in their area of expertise which could help prevent accidents in the future Additionally they can help with any issues caused by an accident or injury at work This can include obtaining proper medical attention finding out about missed days at work or lost wages and obtaining compensation for time lost on the job It could be catastrophic for your family and yourself if your employer fails in their duty of care It could also impact your future job prospects as it may be a sign that the company isnt competent and is unable to ensure a safe working environment If you believe you may have a claim against the railroad in case of railroad injuries it is essential to consult an attorney for free Damages There are a variety of damages that could be awarded to victims of railroad injuries when they file a lawsuit These include medical bills lost wages 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 depending on the circumstances surrounding your case and your own personal injury experience AccidentInjuryLawyers will require an experienced FELA lawyer to find evidence and prove the railroad was negligent in causing your injuries Exposure to dangerous chemicals is among the most frequent causes of accidents in the railway industry Exposure to harmful chemicals like asbestos creosote and benzene can cause cancer or other serious illnesses among employees A thorough examination of the work environment can help a railroad employee prove that their employer was negligent in allowing them to be exposed to these hazardous substances If youre injured as a railroad worker and you have a question about your legal rights it is essential to talk to an attorney as soon as possible A knowledgeable FELA railroad injury lawyer can assist you with obtaining the compensation you need to pay for your losses and restore your quality of life following an accident You will need to prove that the railroad was negligent and that you werent at fault for the accident This is a more difficult task than what you would have to prove in a worker insurance claim The Federal Employers Liability Act FELA states that railroads have the obligation of providing their employees with a safe space to work They are responsible for any injuries you sustain if they fail to meet this obligation Damages incurred in a railroad accident lawsuit can be significant as the property involved in the accident can be extremely valuable This could include vehicles equipment or even buildings In many instances the companys lawyers are more focused on settling a case in the shortest time possible in order to avoid having jurors award punitive damages An experienced FELA attorney who is skilled in railroad injury claims can negotiate a fair settlement that is agreeable to both sides This can make a huge difference in your cases outcome and your compensation