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How to File a Railroad Injuries Lawsuit You may be entitled to compensation if you are a railroad employee who has been injured while on the job These workers are protected by the 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 due to negligence They must also prove that the railroad violated safety rules Accident Cause The railroad is a complex machine that includes a number of different systems that need to work properly in order to ensure that passengers are safe If one piece of equipment malfunctions it could cause catastrophic damage and result in 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 the cause of an accident Contact an attorney as soon as you realize youve been injured in a train accident Your lawyer can assist in obtaining medical treatment filing an claim for compensation and pursuing any restitution which 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 than a workers compensation claim A FELA claim must demonstrate that the employer failed to provide a safe work environment as required by law Negligence is when the company failed to take reasonable care to provide a safe work environment If you can prove negligence that you have been injured you can seek damages for your injuries This includes mental distress and disfigurement One of the most common causes of train accidents is human error which includes conductors or railroad workers negligence in failing to follow safety guidelines or operating the train when distracted fatigued or drunk Other factors that cause train accidents are track defects such as broken rails or debris on tracks or defective or inadequate safety equipment at railway crossings Additionally train operators who are not experienced who fail to follow the correct safety procedures could be liable for an accident These errors can lead to severe and fatal injuries Railroad workers who have been injured need to consult a lawyer who is skilled in railroad accident lawsuits They can ensure that their rights and that victims receive fair and fair compensation for their injuries Our firm has a proven track record of obtaining the highest amount of compensation for our clients in train accidents cases Dangerous Exposure Railroad workers face many dangers when on the job From hazardous chemicals found on trains to chemical leaks in accidents the risks are serious The Federal Employers Liability Act FELA states that railroads are bound by an obligation to use reasonable care in keeping their employees protected from injuries They are also required to provide them with a secure workplace If a company fails to meet this standard it could be held responsible in a lawsuit 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 consult with medical professionals and discover an association between the exposure you received and your health condition Toxic chemicals and other dangerous materials are commonly used by railroad companies to clean and repair their equipment Welders may inhale toxic fumes as they work while general repair workers might be exposed to cleaning solvents such as creosote or degreasing chemicals Some of these chemicals are listed as hazardous substances and could cause serious injuries to people working with them Two examples of hazardous chemicals that have caused serious injuries include benzene as well as chlorine which led to the deaths of nine people in the Graniteville South Carolina train crash which killed nine Another common substance used in the railroad industry is asbestos which has been associated with cancer mesothelioma as well as other diseases If you are a railway worker who was diagnosed with cancer due to your exposure to asbestos a FELA lawyer can help recover damages for your suffering Contact us today for an initial consultation for free if you have any questions or would like to discuss your legal options Well go over your case and determine whether you have a valid claim for compensation There are hidden dangers in the railway industry in addition to the obvious dangers Train crews and first responders often dont have the knowledge of dangerous chemicals that are released from wreck sites Duty of Care A worker who is injured in a railroad accident can seek compensation from their employer This is accomplished by filing a railroad injuries lawsuit under the Federal Employers Liability Act FELA A worker must demonstrate that the railroad was negligent in causing their accident to be legally able to file an action This requires many hours of work to establish the duty of care owed by the railroad There are a myriad of aspects to consider when trying to prove the duty of care such as the balancing tests that were developed by California law The balancing test requires a number of elements that must be carefully evaluated against each other to determine if the defendant owed the plaintiff the duty of care and whether they breached the duty Each company has its own obligation of care It could be different from a construction company to a software company but the same duties apply to both such as prevention risk assessment planning and communication Employee safety is an integral part of any companys business Its essential for the health and wellbeing of your employees Its an ideal idea for your company to hire someone who is an expert in this field Many companies have Safety Officers also known as Employee Health and Safety EHS who are responsible for maintaining a safe and healthy working environment These people are often very experienced and can avoid any future accidents They can also assist with any issues that could result from an accident injury that occurs at work This can include obtaining proper medical attention finding out about missed days of work or lost wages and obtaining compensation for time lost working It could be a disaster for you and your family if your employer fails in their duty of care It could also impact your employment prospects as it could suggest that the company isnt competent and cannot maintain an environment that is safe for employees This is why its crucial to consult with an attorney for free when you think you may be eligible for a railroad injuries lawsuit Damages If you file a railroadrelated lawsuit there is a number of damages that could be awarded railroad injury lawyer include lost wages medical bills and pain and suffering as in addition to compensation for any permanent impairment that you might be suffering as a result of The amount you could receive is contingent upon the severity of your personal injury and the circumstances that surround 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 One of the most common types of accidents in the railway industry is exposure to harmful chemicals Exposure to harmful chemicals like creosote asbestos and benzene can cause cancer or other serious illnesses in employees Railroad employees are able to prove their negligence by conducting an exhaustive investigation of their work place If youre an injured railroad worker and are unsure of your legal rights it is essential to talk to an attorney right away An experienced FELA railroad injury attorney can help you get the compensation you need to cover your losses and improve your quality of life following an accident You must prove that the railroad was negligent and that you werent at fault for the accident This is a greater burden than what youd have to prove in a worker compensation claim The Federal Employers Liability Act FELA states that railroads have an obligation to provide their employees with a safe environment to work They are liable for any injuries you suffer in the event that they fail to perform this obligation Railroad injuries can be costly because the property damaged by an accident can be extremely valuable This can include equipment cars and buildings In many instances the companys lawyers tend to focus on settling a case in the shortest time possible in order to avoid having the jury assign punitive damages A knowledgeable FELA attorney who specializes in handling railroad injury cases can negotiate a fair settlement that appeals to both parties This can make a major difference in the outcome of your case and your settlement