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How to File a Railroad Injuries Lawsuit If you are railroad employee and have been injured on the job you could be entitled to compensation Federal Employers Liability Act FELA safeguards these workers FELA requires railroad employees unlike standard Illinois workers compensation laws to show negligence by their employers They must also demonstrate that the railroad did not follow safety rules The reason for the accident Railroads are intricate machines that require a variety of systems to function properly to ensure the safety of passengers When a single piece of equipment malfunctions it could cause severe destruction and can lead to an accident that kills or hurts people Some of the most frequent causes of train accidents are human mistakes negligent conductors and track issues Sometimes an individual whether a driver or pedestrian is responsible for an accident If youve suffered injuries in an accident involving trains call an attorney right away to discuss your legal options The lawyer you choose to work with can assist with obtaining proper medical treatment submitting an claim for compensation and pursuing any compensation that is due to you Railroad employees have the right to sue their employer for a workplace injury or illness under the Federal Employers Liability Act FELA This is distinct from a workers compensation case A FELA claim must establish that the company failed to provide a safe working environment as required by law Negligence happens when a business failed to take reasonable care to ensure a safe working environment If you are able to establish negligence youll be entitled to money damages for your losses which include physical pain mental anguish and disfigurement Human error is the leading reason for train accidents This includes conductors or railroad employees negligence in failing safety precautions or operating the train while tired distracted or intoxicated Other factors that can cause train accidents are tracks with defects for example broken rails debris on the tracks or or inadequate safety devices at railway crossings Train operators with a lack of experience can be at fault for an accident if they dont follow safety guidelines These mistakes could cause fatal injuries Railway workers who have been injured should seek advice from an experienced lawyer who has handled railroad injury lawsuits since they can ensure that their rights are protected and the victims receive fair and reasonable compensation for their injuries Our firm has a history of obtaining the highest amount of compensation for our clients in train accidents cases Dangerous Exposure Railroad employees are exposed to a variety of hazards while working The risk is very high from dangerous substances found on trains to chemical spillages during accidents Federal Employers Liability Act FELA states that railroads must perform the obligation of reasonable care to ensure that their employees are safe from injury They must also create a safe space for their employees to work in A company could be sued if they fail meet this standard An FELA lawyer can help ensure that your railroad company is held accountable for any injuries that you might have suffered while working on the railroad They can collect evidence talk to medical professionals and establish an association between the type of exposure you were exposed to and your health condition Toxic chemicals as well as other hazardous materials are commonly used by railroad companies to clean repair and lubricate their equipment Welders can inhale toxic fumes during their work while general repair workers are exposed to cleaning solvents like creosote and degreasing agents Some of these compounds are HAZMATlisted and may cause serious injuries to people who work around them Two examples of hazardous chemicals that have caused serious injuries include benzene as well as chlorine which caused the deaths of nine victims in the Graniteville South Carolina train crash that killed nine Another substance that is commonly employed in the railroad industry is asbestos which has been associated with cancer mesothelioma as well as other illnesses A FELA lawyer can help railroad workers who have been diagnosed with cancer because of their exposure to asbestos If you have questions regarding your case or if you would like to discuss your legal options with a knowledgeable railroad injury lawyer contact us today to schedule a free consultation We will evaluate your case and determine whether you have a valid claim for compensation In addition to the most obvious risks there are also many invisible dangers in the railway industry For instance railroad workers and first responders are typically unaware of the dangerous chemicals released when a wreck site is undergoing reconstruction Duty of Care An employee who is hurt in a railroad accident can demand compensation from their employer This is done through a railroad injuries lawsuit under the Federal Employers Liability Act FELA To be able to claim compensation for this type of injury the victim must establish that the railroad was negligent and the negligence led to their accident This requires a lot of work to establish a duty of care by the railroad There are many factors to look at when trying to prove the existence of a duty of care including the balancing test developed by California law The testing of balancing is a complicated mix of several elements that must be carefully assessed against each other in order to determine if the defendant owed the plaintiff a duty of care or whether they breached it The obligation of care varies from one company to the next It can 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 Safety of employees is an essential part of any companys business It is essential for the health and wellbeing of your employees Its a good idea that your company has an expert in this field Many companies have Safety Officers or Employee Health and Safety EHS who are accountable for ensuring a secure and healthy working environment They are usually knowledgeable and can prevent future accidents In addition they can assist with any concerns that arise from an injury or accident at work This could include getting the proper medical attention finding out about any missed days of work or lost wages and obtaining reimbursement for the time that was lost on the job However if your employer fails in meeting their obligation to care it could be devastating for you and your family It could also impact your future job prospects because it could be an indication that the company is incompetent and cannot properly maintain a safe workplace This is the reason its so important to speak with an attorney free of charge when you think you could be a candidate for a railroad injuries lawsuit Damages When you file a railroad injury lawsuit there is various damages that can be awarded These include lost wages medical expenses and pain and suffering as well as the compensation for any permanent disability that you might have suffered as a result The amount you could receive depends on your personal injury history and the circumstances that led to your case A seasoned FELA lawyer will be required to collect evidence to prove negligence by the railroad in the event of your injuries Exposed to harmful chemicals is among the most frequent causes of accident in the railway industry For instance benzene creosote asbestos and benzene can all cause cancer or serious illnesses if workers are exposed to these substances Railroad employees may prove their negligence through an extensive investigation of their workplace It is imperative to talk to an attorney immediately if you are an injured railroad worker A skilled FELA railroad injury attorney can assist you with obtaining the compensation you require to cover your loss and restore your quality of life after a workrelated accident You must prove that the railroad was negligent and that you were not at fault for the accident This is a far greater burden of proof than what you will have to prove in an injury claim Federal Employers Liability Act FELA states that railroads owe obligations of care to their employees If they fail to fulfill this obligation they are liable for the damages you suffer from your injuries Damages for a railroad injury lawsuit can be very significant as the property that was damaged in the accident can be extremely valuable This could include equipment cars or buildings In many instances the companys lawyers tend to focus on settling a case as fast as they can as they wish to avoid having the jury assign punitive damages texas railroad accident lawyer who is specialized in handling railroad injury claims can negotiate a fair settlement that is appealing to both parties This can make a big difference in the outcome of your case as well as your settlement