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How to File a Railroad Injuries Lawsuit If youre an employee of a railroad and were injured on the job you may be entitled to compensation The workers are protected under a special federal law known as the Federal Employers Liability Act or FELA In contrast to typical Illinois workers compensation laws FELA requires railroad employees to prove that their employer was responsible for their injuries due negligence They must also show that the railroad did not adhere to safety rules Cause of the Accident The railroad is a complicated machine with a variety of independent systems that have to function efficiently to ensure the safety of passengers If one piece of equipment malfunctions it could cause catastrophic damage and lead to an accident that kills or hurts people Some of the most common causes of train accidents are human mistakes negligent conductors and track issues Sometimes the driver or a pedestrian is responsible for an accident If you were injured in an accident on the train contact an attorney right away to discuss your legal options Your lawyer can help you get medical treatment that is appropriate file a claim for damages and seek any restitution due to you A railroad employee has the right to sue their employer for an injury or illness that occurred in the workplace under the Federal Employers Liability Act FELA This is different from an injury claim for workers compensation 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 compliance with the law Negligence happens when a business did not take reasonable care to ensure a safe working environment If the companys negligence is proven you may be able to claim damages for your injuries including mental anxiety and disfigurement One of the most frequent causes of train accidents is human error which can be caused by conductors or railroad workers negligence in failing to observe safety precautions or operating the train while fatigued distracted or intoxicated Train accidents can be caused by track defects like broken rails and debris as well as inadequate safety devices at railway crossings Train operators with a lack of experience can be responsible for an accident if they fail to follow safety protocols In many cases these mistakes result in severe and deadly injuries Railroad workers who have been injured should consult a lawyer who is familiar with railroad injury lawsuits They will be able to protect their rights and that the victims get fair and fair compensation for their injuries Our firm has a solid track record of taking on railroad accident cases and obtaining the most compensation for our clients Dangerous Exposure Railroad workers face numerous dangers during their work Risks are high from dangerous substances that are found on trains to chemical spillages during accidents Federal Employers Liability Act FELA states that railroads are bound by an obligation of reasonable care to keep their employees safe from injury They are also required to provide them with a safe environment to work in If a business fails to comply with this standard they may be held accountable in an action An FELA lawyer can assist you to find your railroads employer responsible for any injuries you might have sustained while working for the railroad They can gather evidence speak to medical professionals and find an association between the type of exposure you had to and your health condition Railroad companies frequently use toxic chemicals and other dangerous substances to clean and repair equipment Welders are likely to be exposed to toxic fumes during their work while general repair workers are exposed to cleaning solvents such as creosote or degreasing chemicals Certain of these compounds carry the HAZMAT designation and may cause serious injuries to those working in close proximity to them Two examples of toxic chemicals that have led to serious accidents are benzene and chlorine which led to the deaths of nine people in the Graniteville South Carolina train crash which killed nine Another common substance that is used in the railway industry is asbestos and has been linked to cancer mesothelioma and other diseases If youre a railroad worker that was diagnosed with cancer due to exposure to asbestos a FELA lawyer can assist you recover damages for your suffering If you have any concerns regarding your case or if you would like to discuss your legal options with an experienced railroad injury lawyer please contact us now for a nocost consultation Well talk about your case and determine if you have a strong claim for compensation In addition to the obvious risks there are also many concealed dangers within the railroad industry For instance train workers and first responders can be unaware of the dangerous chemicals released when a wreck site is undergoing reconstruction Duty of Care A worker who is injured in a rail accident may claim compensation from their employer This is done by filing a railroad injury lawsuit under the Federal Employers Liability Act A worker must demonstrate that the railroad was negligent in causing the accident to be eligible to file an action This takes an extensive amount of work to establish the duty of care owed by the railroad There are a variety of factors to consider in proving the duty of care including the balancing test developed by California law The balancing test involves several factors and must be carefully weighed against each other to determine whether the defendant was liable to the plaintiff under an obligation of care and whether they breached the obligation The obligation of care varies between companies It may be different from a construction company to software company however the same duties are applicable to both that includes prevention risk analysis planning communication and prevention Safety of employees is an essential element of any companys business It is essential for the health and wellbeing of your employees Therefore its a good idea that you have someone dedicated to this area of your businesss operations Many companies have Safety Officers or Employee Health and Safety EHS who are accountable for ensuring a secure and healthy work environment They are usually very knowledgeable and can prevent future accidents In addition they are able to assist with any issues that arise from an accident or injury at work This could include getting the proper medical attention finding out about missed days at work or wages lost and getting reimbursement for time lost working It could be disastrous for your family and yourself if your employer fails to meet their duty of care It could also affect your chances of gaining employment as it could indicate that the business isnt capable of ensuring an environment that is safe for employees If you believe you may have a claim against the railroad in case of railroad injuries it is vital to consult an attorney at no cost Damages There are a variety of damages that could be awarded to victims of railroad accidents if they file a lawsuit These damages include lost wages medical expenses and pain and suffering as well as the cost of any permanent disability that you might be suffering as a result of The amount you could get depends on your personal injury history and the circumstances that led to your case A successful claim will require an experienced FELA lawyer to collect evidence and prove that the railroad was negligent in causing your injuries Exposure to hazardous chemicals is one of the most frequent causes of accidents in the railway industry Exposure to harmful chemicals like creosote asbestos and benzene can cause cancer or other serious diseases in employees Railroad employees can prove negligence by conducting a thorough investigation of their workplace It is essential to speak with an attorney right away if you are a railroad worker injured A knowledgeable FELA railroad accident lawyer can help you obtain the compensation you require to help you recover your losses and increase your quality of living after an incident at work In champaign railroad crossing accident lawyer to prove that the railroad was negligent you will also need to show that you werent at fault in the incident This is a greater burden than what you would have to prove in a worker insurance claim Federal Employers Liability Act FELA states that railroads are bound by a duty of care to their employees They are responsible for any injuries you sustain when they fail to fulfill this obligation Railroad injury lawsuits can be very expensive as the property damaged in an accident may be extremely valuable This could include equipment cars or buildings In many cases the firms lawyers tend to focus on settling the case as fast as they can as they wish to avoid having the jury assign punitive damages A knowledgeable FELA attorney who is specialized in handling railroad injury cases can negotiate an equitable settlement that appeals to both parties This can make a significant difference in the outcome of your case and your settlement