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How to File a Railroad Injuries Lawsuit If youre a railroad worker and you were injured while working you could be entitled to compensation Federal Employers Liability Act FELA safeguards these workers FELA requires railroad employees in contrast to standard Illinois workers compensation laws to prove that their employer is negligent They must also prove that the railroad violated safety rules Accident Cause The railroad is a complicated machine that has several different systems that need to work properly in order to ensure safety for passengers When one piece of equipment fails it can cause catastrophic damage and result in an accident that kills or seriously hurts people Some of the most common causes of train accidents is human error negligent conductors and track problems Sometimes a pedestrian or driver is the cause of an accident Contact an attorney right away if you were hurt in a train collision The lawyer you choose to work with can assist in obtaining appropriate medical treatment filing an action for compensation and seeking any restitution that is due to you Railroad employees have the right to sue their employers for injuries or illnesses that occur in the workplace under the Federal Employers Law FELA This is different from a workers comp case A FELA claim must show that the business failed to provide a safe workplace as required by law Negligence is when the company failed to take reasonable precautions to ensure a safe working environment If you can prove negligence and you are able to seek damages for your injuries including mental anguish and disfigurement One of the main causes of train accidents is human error This can be due to a railroad employees or conductors negligence in failing to observe safety guidelines or operating the train when distracted fatigued or intoxicated Train accidents can also result from track defects like broken rails or debris or insufficient safety devices at railway crossings Similar to train operators who are inexperienced who do not follow proper safety procedures could be responsible for accidents These mistakes can often cause fatal injuries Railroad workers who have been injured should consult a lawyer who is skilled in railroad accident lawsuits They can to protect their rights and ensure that victims receive fair and equitable compensation for their injuries Our firm has a track record of winning the highest compensation for our clients in train accidents cases Dangerous Exposure Railroad workers are exposed to a myriad of dangers while on the job Risks are high from the hazardous substances that are that are found on trains to chemical spills in accidents The Federal Employers Liability Act FELA states that railroads have a duty to use reasonable care to keep their employees protected from injuries They are also required to provide them with a safe place to work If a company fails to meet this standard it may be held accountable in an action A FELA injury lawyer can help you hold your employer accountable for any health conditions that youve developed due to working on the railroad They can collect evidence talk to medical experts and determine if there is a connection between the exposure and the health condition you suffer from Toxic chemicals and other harmful materials are commonly used by railroad companies to clean repair and lubricate their equipment Welders may inhale toxic fumes as they work and general repair workers could be exposed to cleaning solvents like creosote or other degreasing substances Certain of these chemicals are HAZMATlisted and can cause serious injuries to people working with them Chlorine and benzene are two examples of harmful chemicals that have caused serious accidents including the 2005 Norfolk Southern train crash in Graniteville South Carolina that killed nine people Asbestos another substance commonly used in the railroad industry has been linked to mesothelioma cancer as well as other illnesses If you are a railroad worker that was diagnosed with cancer as a result of exposure to asbestos a FELA lawyer can help obtain compensation for your suffering If you have questions regarding your case or youd like to discuss your legal options with a knowledgeable railroad injury lawyer contact us now for a nocost consultation Well go over your case and determine whether you have a valid claim for compensation There are hidden dangers in the railway industry as well as the obvious dangers For example train crews and first responders are often unaware of the hazardous chemicals that are being released at wreck sites Duty of Care If an employee is injured in a train accident the worker is entitled to seek compensation from the employer This is done by filing a railroad injuries lawsuit under the Federal Employers Liability Act FELA To win a claim for this type of injury a person must show that the railroad was negligent and that the negligence caused their accident This requires lots of work in order to establish a duty of care by the railroad There are many factors that must be considered when trying establish a duty of care California law has created the test of balancing The balancing test involves several factors and must be carefully evaluated against one another to determine whether the defendant was liable to the plaintiff under an obligation of care and whether they violated the obligation Each company has a different duty of care While the responsibilities of care may be different for software companies than for a construction company the requirements are the same in terms of prevention risk assessment and planning as well as communication Safety of employees is an essential aspect of any businesss operations Its essential for the health and wellbeing of your employees Its recommended that your company has someone who specializes in this area Many companies have dedicated Employee Health and Safety EHS or Safety Officers who are accountable for ensuring a healthy and safe work environment They are competent and experienced in their area of expertise which can assist in preventing accidents in future They can also help with any issues that might result from an accident or injury at work This may include getting proper medical attention finding out about any missed days of work or wages lost and getting compensation for time lost on the job If your employer fails to fulfill their duty of care it could be a disaster for you and your family It could also affect your chances of getting a job as it could signal that the business isnt competent and cannot maintain the safety of its employees If you believe that you be able to sue the railroad for railroad injuries it is important to speak with an attorney at no cost Damages There are numerous damages that are available to railroad injury victims when they file a lawsuit These damages can include lost wages medical expenses and suffering as in addition to compensation for any permanent impairment that you might have suffered as a result The amount you could be awarded will vary dependent on the circumstances surrounding your case as well as your own personal injury experience An experienced FELA lawyer will be required to collect evidence to prove negligence by the railroad in causing your injuries Exposure to hazardous chemicals is among the most common causes of accidents in the railroad industry For example benzene creosote asbestos and benzene can cause cancer or other serious health issues if employees are exposed to these substances Railroad employees are able to prove their negligence by conducting an extensive investigation of their work environment If youre an injured railroad worker and you are unsure of your legal rights its important to consult an attorney immediately A knowledgeable FELA railroad injury attorney will assist you in getting the money you need to compensate for your loss and restore your quality of life after an accident In addition to showing that the railroad was negligent you will be required to prove you were not at fault in the incident This is a far greater burden of proof than what you will have to prove in an injury claim The Federal Employers Liability Act FELA states that railroads are bound by obligations to provide their employees with a safe environment to work If they fail to meet the obligation theyre liable for the damages you suffer from your injuries Railroad lawsuits for injuries can be very expensive because the property that is damaged during an accident could be extremely valuable This could be cars equipment or even buildings In AccidentInjuryLawyers the firms lawyers are more focused on settling cases as fast as they can as they wish to avoid having jurors award punitive damages A experienced FELA attorney who is specialized in handling railroad injury claims can negotiate a fair settlement that appeals to both parties This can make a significant difference in the outcome of your case and your settlement