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How to File a Railroad Injuries Lawsuit You could be entitled to compensation if you are a railroad worker who has been injured on the job They are covered by an exclusive federal law known as the Federal Employers Liability Act or FELA Contrary to the traditional Illinois workers compensation laws FELA requires railroad employees to prove that their employer was responsible for their injuries through negligence They must also prove that the railroads safety guidelines The Cause of the Accident Railroads are complex machines that require a number of systems to operate properly to ensure safety for passengers When a single piece of equipment fails it could cause severe damage and cause an accident that kills or hurts people Human error negligent conductors and track problems are some of the most frequent causes of train accidents Sometimes a motorist or pedestrian is responsible for an accident If youve suffered injuries in a train crash contact an attorney as soon as possible to discuss your legal options An attorney can assist you obtain proper medical treatment and file a claim for damages and request any restitution you are due Railroad employees are entitled to sue their employers for workplace injuries or illnesses under the Federal Employers Law FELA This is distinct from the workers compensation lawsuit because a FELA claim must prove that the company was negligent in providing employees with a safe work environment in accordance with the law Negligence implies that the business didnt take reasonable precautions to provide you with a secure work environment If you are able to establish negligence youll be entitled to compensation for your losses including physical suffering mental anguish and disfigurement Human error is the primary cause of train accidents This is the case for conductors as well as railroad employees negligence in failing to take safety precautions or operating the train when tired distracted or intoxicated Other factors that can contribute to train accidents include tracks with defects for example broken rails or debris on tracks or or inadequate safety devices at railway crossings Similar to train operators who are inexperienced who fail to adhere to safety guidelines can also be responsible for an accident Most often these errors result in severe and deadly injuries Railroad workers who suffer injuries need to consult a lawyer who has experience in railroad injury lawsuits They will be able to ensure that their rights are protected and that victims receive 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 employees are exposed hazards while working From hazardous chemicals found on trains to chemical leaks that occur during accidents the risks are significant Federal Employers Liability Act FELA states that railroads are bound by the obligation of reasonable care to keep their employees protected from injuries They also have to offer a safe place for their employees to work A company could be accused of negligence if they fail to comply with this standard An FELA lawyer can help hold your railroad employer responsible for any injuries that you might have sustained while working for the railroad They can collect evidence speak to medical professionals and determine a correlation between the exposure you endured and your health condition Toxic chemicals and other hazardous materials are often used by railroad companies to clean repair and lubricate their equipment Welders could inhale toxic fumes during their work and general repair workers might be exposed to cleaning solvents like creosote or degreasing chemicals Some of these compounds have the HAZMAT designation and can cause serious injuries to those working around them Chlorine and benzene are 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 Another substance that is commonly used in the railroad industry is asbestos which has been associated with cancer mesothelioma as well as other illnesses If youre a railway worker who was diagnosed with cancer as a result of exposure to asbestos a FELA lawyer can assist you claim compensation for your pain Contact us today for a free consultation if you have any questions or like to discuss your legal options Well review your case and determine if you have a strong claim for compensation There are hidden dangers associated with the railroad industry in addition to the obvious dangers First responders and crews of trains often are unaware of hazardous chemical releases from wreck sites Duty of Care If an employee is injured in a train accident the employee has the legal right to seek compensation from the employer This is done through a lawsuit for railroad injuries under the Federal Employers Liability Act FELA To prevail in a claim for this kind of injury the injured party must show that the railroad was negligent and that the negligence led to their accident This takes lots of work in order to establish a duty of care by the railroad There are many aspects to take into consideration when trying to establish a duty to care California law has created the balance test The balance test is a complex mix of several elements that must be carefully weighed against one another to determine if the defendant owed the plaintiff any duty of care or whether they violated it Each company has a different obligation of care It may differ for a construction company to software company however the same responsibilities apply to both situations that includes prevention risk analysis planning and communication Safety of employees is a major element of any companys business and its essential for the wellbeing of your employees Therefore its a good idea to have someone who is dedicated to this area of your businesss operations Many companies have Safety Officers also known as Employee Health and Safety EHS who are responsible for maintaining a safe and healthy workplace They are usually wellinformed and can help prevent future accidents Additionally they can assist with any concerns caused by an accident or injury at work This may include getting proper medical attention learning about missed days of work or lost wages and obtaining reimbursement for time lost working It could be catastrophic for you and your family members if your employer does not fulfill their duty of care It could also affect your chances of getting a job as it could suggest that the company is not competent and cannot maintain a safe work environment This is why its essential to consult an attorney at no cost if you think that you could be a candidate for a railroadrelated injury lawsuit Damages There are a variety of damages that can be awarded to victims of railroad accidents if they make a claim These include medical bills lost wages as well as pain and suffering and the cost of any permanent disability youve suffered because of the accident The amount you could get depends on the severity of your personal injury and the circumstances that surround your case A seasoned FELA lawyer will be required to collect evidence and prove negligence of the railroad in the cause of your injuries The exposure to chemicals that pose a risk is among the most frequent causes of accident in the railway industry For instance benzene creosote and asbestos can all cause cancer or serious illness if employees are exposed to them houston railroad accident attorneys of the workplace can assist a railroad worker in proving that their employer was negligent in allowing them to be exposed substances If youve been injured as a railroad worker and you are unsure of your legal rights its crucial to contact an attorney right away A knowledgeable FELA railroad accident lawyer can assist you in obtaining the compensation you require to compensate your losses and increase your quality of living after a workrelated incident You will need to demonstrate that the railroad was negligent and you werent responsible for the accident This is a heavier burden than what youd have to prove in a workers compensation claim The Federal Employers Liability Act FELA states that railroads are bound by an obligation to provide their employees with a safe and secure place to work If they fail to meet this obligation they are liable for the damages you suffer because of your injuries Railroad lawsuits for injuries can be very costly because the property damaged during an accident could be extremely valuable This can include vehicles equipment and even buildings In many cases companies lawyers are more focused on settling a case in the shortest time possible so that they can avoid having the jury assign punitive damages A knowledgeable FELA lawyer who specializes in railroad injury claims can negotiate a fair settlement that is agreeable to both sides This can make a big difference in your cases outcome and your compensation