How to File a Railroad Injuries Lawsuit You may be entitled to compensation if you are a railroad worker who has suffered an injury during the course of work. Federal Employers Liability Act (FELA) safeguards these workers. Contrary to the the standard Illinois workers insurance laws, FELA requires railroad employees to prove that their employer was responsible for their injuries due to negligence. They must also show that the railroad violated safety rules. Accident Cause The railroad is a complicated machine that has several different systems that have to function properly in order to keep passengers safe. A single piece of equipment could fail and cause major damage that could lead to an accident that kills or causes injury to others. Human error, negligent conductors, and track problems are some of the most frequently cited causes for train accidents. Sometimes, a pedestrian or driver is responsible for an accident. If you've been injured in the course of a train accident, you should contact an attorney right away to discuss your legal options. Your lawyer can assist you to receive the appropriate medical treatment and also file a claim for damages, and seek any restitution you are due. Railroad employees have the right to sue their employers for workplace injuries or illnesses under the Federal Employers Law (FELA). This is not the same as a workers' compensation claim. A FELA claim must establish that the employer failed to provide a safe workplace as required by law. Negligence means the company didn't take reasonable precautions to provide you with a secure work environment. If you can prove that you were negligent, you will be entitled to compensation for your losses including physical suffering, mental anguish and disfigurement. One of the most frequent causes of train accidents is human error, which can be caused by conductors or railroad employees' inattention to safety guidelines or operating the train when tired, distracted or drunk. Other factors that can cause accidents on trains include tracks with defects, for example broken rails or debris piled up on the tracks, or defective or inadequate safety equipment at railway crossings. Inexperienced train operators can also be responsible for an accident if they don't follow safety procedures. These mistakes can lead to severe and fatal injuries. Railroad workers injured in an accident must seek out the help of an attorney who is experienced in handling railroad injury lawsuits, as they can ensure that their rights are protected and that the victims receive fair and just compensation for their injuries. Our firm has a demonstrated track record of taking on train accident cases and winning the maximum amount of compensation for our clients. Exposure to Danger Railroad workers face a myriad of risks during their work. From dangerous substances found on trains , to chemical leaks in accidents, the risks are significant. The Federal Employers Liability Act (FELA) states that railroads have a duty to use reasonable care in keeping their employees protected from injuries. They must also provide a safe environment for their employees to work. A company could be sued if they fail to comply with this standard. An FELA lawyer can help you make your railroad employer accountable for any injuries you might have sustained while working for the railroad. They can gather evidence, talk to medical professionals and find an association between the type of exposure you were exposed to and your health condition. Toxic chemicals and other hazardous materials are commonly used by railroad companies to clean, repair, and lubricate their equipment. Welders are exposed to toxic fumes when they work or working on repairs, while general workers could be exposed to solvents such as creosote or degreasing chemicals. Some of these compounds have some of them a HAZMAT designation, and may cause serious injuries to people working in close proximity to them. Two examples of harmful chemicals that have caused serious accidents include benzene and chlorine, which contributed to the deaths of nine victims in the Graniteville, South Carolina, train crash that killed nine. Another substance that is commonly employed in the railroad industry is asbestos that has been linked to cancer mesothelioma and other illnesses. If you are an employee of a railroad who was diagnosed with cancer as a result of your exposure to asbestos, a FELA lawyer can help you get compensation for your pain. If you have any questions about your case, or you'd like to discuss your legal options with an experienced railroad injury lawyer, contact us today for a no-cost consultation. We will evaluate your case and determine if you have a strong claim to compensation. In addition to the most obvious dangers, there are numerous concealed dangers within the railway industry. For instance, railroad workers and first responders can be unaware of the dangerous chemicals that are being released at wrecks. Duty of Care When an employee is injured in a railroad accident, the worker has the legal right to seek damages from the employer. This is accomplished by filing a lawsuit for railroad injuries under the Federal Employer's Liability Act (FELA). A worker must demonstrate that the railroad was negligent in causing the accident to be legally able to file an action. This is a challenging job that requires the railroad to show that it has a duty of care. There are a myriad of factors to take into account when trying to establish a duty of care. California law has created the testing of balancing. The test of balancing is a complex combination of several factors that must be carefully weighed against one another to determine whether the defendant owed the plaintiff a duty of care or whether they breached it. Each business has its own duty of care. It may differ for a construction company than software companies, however the same requirements are applicable to both including prevention, risk assessment, planning, and communication. Safety of employees is an essential part of any business's. It's crucial for the health and well-being of your employees. It's recommended that your company has someone who specializes in this field. Many companies have Safety Officers or Employee Health and Safety (EHS), who are responsible for ensuring a safe and healthy work environment. They are knowledgeable and experienced in their field of expertise, which can help prevent accidents in the future. They can also assist with any issues that could arise from an accident or injury at work. This includes obtaining medical attention, tracking down lost wages or unwork days, and obtaining compensation for lost time on the job. However, if your employer fails in meeting their obligations to protect this could be devastating for you and your family. It could also affect your job prospects since it could suggest that the company is not competent and is not able to maintain a safe work environment. This is why it's crucial to speak with an attorney at no cost If you think you might have a case for a railroad injury lawsuit. Damages When you file a railroad injuries lawsuit, there are a number of damages that could be awarded. This includes medical bills, lost wages as well as pain and suffering and the compensation for any permanent disability you have incurred due to the accident. The amount you can receive will vary dependent on the circumstances surrounding your case, and your personal injury experience. A seasoned FELA lawyer will be required to gather evidence and prove negligence by the railroad in the event of your injuries. Exposure to dangerous chemicals is among the most common causes of accident in the railway industry. For instance, benzene, creosote, asbestos, and benzene can all cause cancer or other serious health issues if employees are exposed to these substances. A thorough investigation of the workplace could help a railroad employee prove that their employer was negligent in allowing them to be exposed to these harmful substances. It is essential to speak with an attorney as soon as you are injured by a railroad worker. A knowledgeable FELA railroad injury lawyer can assist you in obtaining the compensation you need to compensate for your loss and restore your quality of life following a work-related accident. You must demonstrate that the railroad was negligent and you weren't responsible for the accident. This is a more difficult task than what you would have to prove in a workers compensation claim. The Federal Employers Liability Act (FELA) states that railroads have obligations to provide their employees with a safe environment to work. They are accountable for any injuries that you sustain in the event that they fail to perform this duty. Railroad injury lawsuits can be very expensive since the property destroyed during an accident could be extremely valuable. This can include vehicles, equipment, and buildings. In many cases, companies' lawyers tend to focus on settling the case as quickly as possible, in order to avoid having jurors award punitive damages. A experienced FELA attorney who is skilled in handling railroad injury cases can negotiate an equitable settlement that is appealing to both parties. This can make a huge difference in the outcome of your case and your settlement.