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How to File a Railroad Injuries Lawsuit You may be qualified for compensation if are a railroad worker who was injured during the course of work. Workers who are injured are protected by a specific federal law referred to as the Federal Employers Liability Act, or FELA. FELA requires railroad employees, unlike standard Illinois workers' compensation laws to show negligence by their employers. They must show that the railroad did not adhere to safety guidelines. Cause of the Accident Railroads are complex machines that require many systems to work properly to ensure safety for passengers. A single piece of equipment can fail and cause major damage that could cause an accident that kills, or even injures. The most frequent causes of train accidents are human negligence, negligent conductors and track problems. Sometimes the driver or a pedestrian is responsible for an accident. If you've been injured as a result of a train crash, contact an attorney as soon as possible to discuss your legal options. An attorney can assist you receive the appropriate medical treatment, file a claim for damages, and pursue any restitution due to you. A railroad employee has the right to sue their employer for a workplace injury or illness under the Federal Employers Liability Act (FELA). This is distinct from an injury claim for workers' compensation because a FELA claim must prove that the company was negligent in providing employees with a safe work environment, as required by law. Negligence means that the company didn't take reasonable precautions to provide you with a safe workplace. If you are able to prove that you were negligent, you will be entitled to damages for your losses , which include physical discomfort, mental anguish and disfigurement. Human error is the main reason for train accidents. This includes conductors' or railroad employees' negligence in failing to take safety precautionswhile operating the train while tired, distracted or drunk. Train accidents may be caused by track defects such as broken rails, debris, or inadequate security devices at railway crossings. Train operators who aren't well-educated can be responsible for accidents if they fail follow safety guidelines. Often, these mistakes result in fatal and severe injuries. Railroad workers who are injured should seek the counsel of an attorney who is experienced in handling railroad injury lawsuits, as they will be able to ensure that their rights are safeguarded and the victims receive fair and just compensation for their injuries. Our firm has a history of obtaining the highest payout for our clients in train accidents cases. Exposure to Danger Railroad workers are exposed to a variety of dangers while working. The risk is high, from hazardous substances that are found in trains to chemical spillages during accidents. The Federal Employers Liability Act (FELA) states that railroads are bound by a duty to use reasonable care in keeping their employees protected from injuries. They also have to create a safe space for their employees to work. A company could be found guilty if they fail meet the requirements of this standard. A FELA injury lawyer can help you hold your employer accountable for any health problems that you've gotten due to your work on the railroad. They can gather evidence, speak with medical professionals and determine whether there's a connection between the exposure and the health condition you suffer from. Railroad companies often employ toxic chemicals and other hazardous substances to clean, repair, and lubricate equipment. Welders may inhale toxic fumes while they work, and general repair workers may be exposed such as creosote and degreasing agents. Some of these compounds are HAZMAT-listed and may cause serious injury to those working around them. Two examples of toxic chemicals that have caused serious accidents include benzene , and chlorine, which led to the death of nine victims in the Graniteville, South Carolina, train crash which killed nine. Asbestos is another popular substance used in railroad industry, has been linked with cancer mesothelioma as well as other illnesses. A FELA lawyer can assist railroad workers who have been diagnosed with cancer as a result of their exposure to asbestos. Contact us today for a free consultation if you have any questions or would like to discuss your legal options. We will analyze your case and determine if you have a viable claim to compensation. There are hidden dangers in the railway industry, in addition to the obvious dangers. For instance, train crews and first responders are often unaware of the hazardous chemicals released at wreck sites. Duty of Care An employee who is hurt in a rail accident may seek compensation from their employer. This is accomplished through a railroad injuries lawsuit under the Federal Employer's Liability Act (FELA). To prevail in a claim for this kind of injury, a person must demonstrate that the railroad was negligent and the negligence was the cause of their accident. This is a complicated task that requires the railroad to show the obligation to care. There are a number of factors to consider in proving a duty of care, including the balancing test developed by California law. The test of balancing is a complex mixture of a variety of factors that must be carefully weighed against each other to determine whether the defendant was owed any duty of care , or whether they violated it. Every company has its own obligation of care. While the duties of care may be different for a software company than a construction company, the requirements are similar as prevention, risk assessment and planning and communication. Employee safety is a huge part of every business and is essential to the wellbeing of your employees. It's therefore recommended to hire someone who will be devoted to this area of your business's operations. Many companies have dedicated Employee Health and Safety (EHS) or Safety Officers who are responsible for ensuring a healthy and safe work environment. They are competent and experienced in their field of expertise, which can assist in preventing accidents in future. In addition, they are able to assist with any concerns caused by an accident or injury at work. This includes seeking medical attention, finding lost wages or missed work days, and getting compensation for lost time on the job. If your employer fails in meeting their duty of care it could be devastating for you and your family. It could also affect your chances of getting a job as it could suggest that the business isn't competent and cannot provide the safety of its employees. This is the reason it's so important to consult with an attorney at no cost if you think that you might have a case for a railroad-related injury lawsuit. Damages There are a variety of damages that could be awarded to victims of railroad accidents if they file a lawsuit. This includes medical bills, lost wages and pain and suffering and compensation for any permanent disability you've suffered as a result of the accident. The amount of money you can receive will vary in accordance with the circumstances surrounding your case, and your own personal injury history. A successful claim will require an experienced FELA lawyer to gather evidence and prove that the railroad was negligent in causing your injuries. railroad accident lawyer near me michigan of the most common kinds of accidents that occur in the field of railroading involves exposure to harmful chemicals. For example, benzene, creosote and asbestos can all cause cancer or serious illnesses if workers are exposed to these substances. An exhaustive investigation of the workplace may assist a railroad worker in proving that their employer was negligent in allowing them to be exposed to these dangerous substances. If you've been injured as a railroad worker and have a question about your legal rights, it's essential to talk to an attorney right away. A skilled FELA railroad injury lawyer can assist you in obtaining the compensation you require to compensate for your losses and improve your quality of life following a work-related accident. You must prove that the railroad was negligent and that you were not responsible for the accident. This is a greater burden of proof than the one you must meet in a workers' compensation claim. The Federal Employers Liability Act (FELA) states that railroads are bound by obligations to provide their employees with a safe environment to work. They are liable for any injuries you sustain when they fail to fulfill the requirements of this duty. Railroad injury lawsuits can be very costly because the property damaged in an accident may be extremely valuable. This could include vehicles, equipment or even buildings. In many cases, the firm's lawyers are more focused on settling the case as fast as they can so that they can avoid having the jury assign punitive damages. A experienced FELA attorney who is specialized in handling railroad injury cases can negotiate a fair settlement that appeals to both parties. This could make a huge difference in your case's outcome and your recovery.