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How to File a Railroad Injuries Lawsuit If you are a railroad worker and you were injured while working you could be entitled to compensation Federal Employers Liability Act FELA protects workers Unlike traditional Illinois workers compensation laws FELA requires railroad employees to prove that their employer caused their injuries due negligence They must demonstrate that the railroad did not follow safety guidelines The reason for the accident Railroads are complex machines that require multiple systems to function properly to ensure safety for passengers A single piece of equipment could fail and cause serious damage that could cause an accident that kills or injures Some of the most frequent causes of train accidents is human negligence negligent conductors and track problems Sometimes the driver or pedestrian is responsible for a train accident Contact an attorney right away if youve suffered injuries by a train accident The lawyer you choose to work with can assist in obtaining appropriate medical treatment filing an claim for compensation and seeking any restitution that is due to you A railroad employee has the right to sue their employer for injuries or illnesses that occur in the workplace under the Federal Employers Liability Act FELA This is distinct from a workers compensation case because the basis for a FELA claim must establish that the company was negligent in providing employees with a safe work environment in accordance with the law Negligence means the company did not use reasonable care to provide you with a safe and secure workplace If the companys negligence is proven and you are able to seek damages for your injuries which include mental anguish and disfigurement Human error is the most common cause of train accidents This includes conductors or railroad employees negligence in ignoring safety security measures operating the train while fatigued distracted or drunk Other factors that cause train accidents are tracks that are damaged such as broken rails or debris on tracks or malfunctioning or inadequate safety equipment at railway crossings Inexperienced train operators can also be at fault for an accident if they fail to follow safety protocols These errors can lead to severe and fatal injuries Railroad workers who have been injured should seek out a lawyer who is familiar with railroad injury lawsuits They can to protect their rights and that the victims get fair and fair compensation for their injuries Our firm has a proven track record of taking on cases involving train accidents and obtaining the maximum compensation possible for our clients Exposure to Danger Railroad workers face numerous dangers during their work The risk is high from the hazardous substances that are found on trains to chemical spills in accidents The Federal Employers Liability Act FELA states that railroads have the obligation to take reasonable care in keeping their employees safe from injuries They are also required to provide them with a secure workplace If a company fails to meet this standard they could be held responsible in an action An FELA lawyer can help you ensure that your railroad company is held accountable for any injuries that you might be suffering from while working on the railroad They can collect evidence consult with medical professionals and discover an association between the type of exposure you endured and your health condition Railroad companies frequently use toxic chemicals as well as other hazardous substances to clean repair and lubricate equipment Welders could inhale toxic fumes when they work and repair personnel might be exposed to solvents like creosote as well as degreasing agents Some of these compounds are HAZMATlisted and can cause serious injury to those who work around them Chlorine and benzene are just two examples of harmful chemicals that have caused grave accidents including the 2005 Norfolk Southern train crash in Graniteville South Carolina that killed nine people Another common substance that is used in the railway industry is asbestos which has been associated with cancer mesothelioma as well as other illnesses If youre an employee of a railroad who was diagnosed with cancer due to exposure to asbestos a FELA lawyer can assist you to claim compensation for your pain If you have questions about your case or you would like to discuss your legal options with an experienced railroad injury lawyer contact us today to schedule a free consultation We will review your case and determine if you have a viable claim to compensation There are hidden dangers in the railway industry as well as the obvious dangers For instance train crews and first responders are typically unaware of the hazardous chemicals that are being released at a wreck scene Duty of Care When an employee is injured in a train accident the employee has a legal right to seek compensation from his employer This can be done by filing a railroadrelated injury lawsuit under the Federal Employers Liability Act A worker must prove that the railroad was negligent in causing the accident to be able to file a claim This takes lots of work in order to establish the duty of care of the railroad There are a number of factors to look at when trying to establish the existence of a duty of care including the balancing test that was created by California law The balancing test consists of a variety of factors and must be carefully weighed against each other to determine whether the defendant was liable to the plaintiff under the duty of care and whether they breached the obligation Every company has its own duty of care While the responsibilities of care might differ for an IT company than one operating in construction the responsibilities are similar as prevention risk assessment and planning as well as communication Employee safety is a huge part of every business and is vital to the wellbeing of your employees Its a good idea that your company has someone who is an expert in this field Many companies have Safety Officers also known as Employee Health and Safety EHS who are accountable to ensure a safe and healthy workplace These employees are knowledgeable and experienced in their area of expertise which can help prevent accidents in the future They can also assist in any concerns that arise from an accident or injury that occurs at work This includes obtaining medical attention tracking down the lost wages or missing work days and getting reimbursement for the time that was lost on the job However if your employer fails to uphold their duty of care it could be devastating for you and your family It could also affect your chances of regaining employment as it may be a sign that the company isnt competent enough and isnt able to ensure a safe working environment If you think you might be able to sue the railroad for railroad injuries it is essential to consult an attorney free of charge Damages If you file a railroad injury lawsuit there is several damages that could be awarded This includes medical bills lost wages along with pain and suffering and the cost of any permanent disability youve suffered because of the accident The amount you can be awarded will depend on the severity of your personal injury and the circumstances surrounding your case A successful claim requires an experienced FELA lawyer to collect evidence and prove that the railroad was negligent in causing your injuries Exposure to dangerous chemicals is among the most common causes of accidents in the railway industry Exposure to harmful chemicals like asbestos creosote and benzene can cause cancer or other serious diseases in employees An exhaustive examination of the work environment can assist a railroad worker in proving that their employer was negligent in allowing them to be exposed substances If you are an injured railroad worker and have questions about your legal rights its crucial to contact an attorney right away An experienced FELA railroad injury attorney can help you get the compensation you need to cover your expenses and restore your standard of life after an accident In addition to prove that the railroad was negligent you will have to prove that you were not responsible in the incident This is a much higher burden of proof than what you would have to meet in a workers compensation claim Federal Employers Liability Act FELA states that railroads must fulfill a duty of care to their employees If they fail in their obligation to perform this duty they are accountable for any damages you incur due to your injuries Railroad lawsuits for injuries can be very expensive because the property that is damaged in an accident may be extremely valuable This could include vehicles equipment and even buildings In many cases the companys lawyers will be more concerned with settling a case quickly than they are about avoiding having the jury award punitive damages texas railroad accident lawyer who specializes in handling railroad injury cases can negotiate an equitable settlement that is appealing to both parties This can make a big difference in your cases outcome and your recovery