How to File a Railroad Injuries Lawsuit If you're railroad employee and were injured while working you could be entitled to compensation. Federal Employers Liability Act (FELA) protects these workers. FELA requires railroad employees, in contrast to the standard Illinois workers' compensation laws to demonstrate negligence on the part of their employer. They must also prove that the railroad did not follow safety guidelines. Accident Cause Railroads are intricate machines that require a variety of systems to operate properly to ensure safety for passengers. If a single piece of equipment fails it can cause catastrophic damage and lead to an accident that kills, or seriously hurts people. Negligent conductors, human error, and track problems are among the most frequently cited causes for train accidents. Sometimes the driver or a pedestrian is responsible for a train accident. Contact an attorney immediately if you were hurt by a train accident. Your lawyer can assist you to get medical treatment that is appropriate and file a claim for damages, and demand any restitution due to you. Railroad employees have the right to sue their employer over an accident or illness at work under the Federal Employers Liability Act (FELA). This is distinct from a workers' compensation claim because a FELA claim must demonstrate that the company was negligent in providing you with a safe working environment in compliance with the law. Negligence occurs when a company failed to take reasonable precautions to ensure a safe working environment. If you can prove negligence, you will be entitled to compensation for your losses including physical pain, mental anguish, and disfigurement. Human error is the leading reason behind train accidents. This includes conductors' and railroad employees' carelessness in failing to observe safety precautions, operating the train while distracted, fatigued, or intoxicated. Other factors that can contribute to train accidents include track defects, like broken rails or debris piled up on the tracks, or or insufficient safety devices at railway crossings. Similar to train operators who are inexperienced who do not adhere to proper safety procedures can also be liable for an accident. Most often, these errors result in severe and deadly injuries. Railroad workers who have suffered injuries must consult a lawyer that is experienced in railroad injury lawsuits. They can ensure that their rights and that the victims receive fair and equitable compensation for their injuries. Our firm has a solid track record of taking on railroad accident cases and obtaining the maximum amount of compensation for our clients. Exposure to Danger Railroad workers face numerous dangers while on the job. From dangerous substances found on trains , to chemical leaks in accidents, the dangers are high. The Federal Employers Liability Act (FELA) states that railroads are bound by a duty to use reasonable care to keep their employees protected from injuries. They also must provide a safe environment for their employees to work in. If a company does not comply with this standard, they could be held accountable in the event of a lawsuit. A FELA injury lawyer can assist you in holding your employer responsible for any health conditions you've developed as a result of working on the railroad. They can gather evidence, consult with medical professionals and find a link between the exposure you received and your health condition. Toxic chemicals and other dangerous substances are used frequently by railroad companies to clean and repair their equipment. Welders are exposed to toxic fumes while they work as well as general repair workers may be exposed such as creosote and degreasing agents. Certain of these compounds carry some of them a HAZMAT designation, and could cause serious injuries to people working around them. Two examples of toxic chemicals that have caused serious injuries include benzene as well as chlorine, which contributed to the deaths of nine people in the Graniteville, South Carolina, train crash which killed nine. Another common substance employed in the railroad industry is asbestos that has been linked to cancer mesothelioma and other illnesses. A FELA lawyer can help railroad workers who have been diagnosed with cancer because of their exposure to asbestos. Contact us today to get free consultation if have any questions or would like to discuss your legal options. We'll review your case and determine if you have a strong claim for compensation. There are hidden dangers in the railroad industry, as well as the obvious dangers. Train crews and first responders often are unaware of hazardous chemicals that are released from wreck sites. Duty of Care A person who is injured in a rail accident may seek compensation from their employer. This is done by filing a railroad injuries lawsuit under the Federal Employer's Liability Act (FELA). To prevail in a claim for this type of injury, a worker must show that the railroad was negligent and that the negligence was the cause of their accident. This requires a lot of work to establish the duty of care of the railroad. There are a myriad of factors to take into account when trying to establish a duty to care. California law has created the test of balancing. The balancing test consists of a variety of aspects and needs to be carefully evaluated against one another in order to determine if the defendant was liable to the plaintiff under the duty of care and whether they breached this obligation. The responsibility of care differs between companies. While the obligations of care may be different for software companies than for one operating in construction, the responsibilities are the same that includes risk assessment, prevention and planning as well as communication. Employee safety is an integral part of any business's. It is essential for the health and well-being of your employees. It's recommended for your business to employ someone who specializes in this field. Many companies have dedicated Employee Health and Safety (EHS) or Safety Officers who are accountable to ensure a healthy and safe working environment. These employees are skilled and knowledgeable in their area of expertise, which can help prevent accidents in the future. In addition, they can assist with any issues caused by an accident or injury at work. This can include obtaining proper medical attention, finding out about any missed days of work or lost wages, and getting compensation for time lost working. However, if your employer fails in meeting their duty of care it could be a disaster for you and your family. It could also impact your future employment prospects, as it may be an indication that the company isn't competent and is unable to keep a safe work environment. This is why it's essential to consult with an attorney free of charge If you think you could be a candidate for a railroad-related injury lawsuit. Damages If you file a railroad injury lawsuit, there are several damages that you can claim. These include medical bills, lost wages, pain and suffering, and compensation for any permanent impairment you have incurred because of the accident. The amount of money you could be awarded will vary depending on the circumstances surrounding your case, and your own personal injury past. A seasoned FELA lawyer will be required to gather evidence and prove the negligence of the railroad in the causing of your injuries. One of the most common kinds of accidents that occur that happen in the railroad industry is exposure to hazardous chemicals. Exposure to harmful chemicals like creosote, asbestos and benzene can cause cancer or other serious illnesses among employees. Railroad employees may prove their negligence through an extensive investigation of their work place. It is essential to speak with an attorney immediately if you are injured by a railroad worker. A knowledgeable FELA railroad accident lawyer can assist you to obtain the compensation you need to pay for your losses and improve your living standards following a work-related incident. You'll need to show that the railroad was negligent and that you were not responsible for the accident. This is a much higher amount of evidence than you will have to prove in an appeal for workers' compensation. The Federal Employers Liability Act (FELA) states that railroads are bound by the obligation of providing their employees with a safe and secure place to work. They are accountable for any injuries you suffer if they fail to meet this obligation. Damages for a railroad injury lawsuit can be significant in that the property that was damaged in the accident is often extremely valuable. This could include cars, equipment or even buildings. In many cases, the company's lawyers tend to focus on settling a matter in the shortest time possible so that they can avoid having the jury award punitive damages. An experienced FELA attorney who is skilled in railroad injuries can negotiate a fair settlement that is acceptable to both parties. This can make a huge difference in the outcome of your case and your recovery.