How to File a Railroad Injuries Lawsuit If you are railway worker and were injured on the job, you may be entitled to compensation Federal Employers Liability Act FELA protects these workers FELA requires railroad employees, in contrast to the standard Illinois workers' compensation laws to prove that their employer is negligent They must also prove that the railroad violated safety standards Cause of the Accident Railroads are complicated machines that require a variety of systems to function properly to ensure the safety of passengers When a single piece of equipment malfunctions it can cause catastrophic damage and result in an accident that kills, or seriously hurts people Human error, negligent conductors, and track problems are some of the most frequently cited causes for train accidents Sometimes the driver or pedestrian is the cause of an accident Contact an attorney as soon as you realize you were hurt in a train crash Your lawyer can assist you in obtaining medical treatment, filing a claim for compensation, and pursuing any restitution which is due to you Railroad employees are entitled to sue their employers for injuries or illnesses that occur in the workplace under the Federal Employers Law FELA This is distinct from the workers' compensation lawsuit because the basis for a FELA claim must establish that the company was negligent in providing workers with a safe and secure work environment in accordance with the law Negligence is when the company failed to take reasonable care to provide a safe work environment If the company's negligence is proven you may be able to claim damages for your injuries, including mental anxiety and disfigurement Human error is the leading reason for train accidents This includes conductors' or railroad employees' carelessness in failing to observe safety precautions, operating the train when exhausted, distracted, or intoxicated Train accidents can also be caused by track defects such as broken rails or debris, or the inadequacy of security devices at railway crossings Additionally, train operators who are not experienced who do not follow proper safety protocols can be liable for an accident These mistakes can lead to severe and fatal injuries Railroad workers injured in an accident should seek advice from an experienced lawyer with experience in handling railroad injury lawsuits, as they will be able to ensure that their rights are protected and that the victims receive fair and reasonable compensation for their injuries Our firm has a solid track record of taking on train accident cases and obtaining the most compensation for our clients Dangerous Exposure Railroad workers face a myriad of risks while on the job The risks are high, from hazardous chemicals that are found on trains to chemical spillages during accidents Federal Employers Liability Act FELA states that railroads are bound by a duty of reasonable care to keep their employees safe from injury They also have a duty to provide them with a secure workplace If a company does not meet this standard, it could be held accountable in an action A FELA injury lawyer will help you hold your employer accountable for any health issues you have developed after working on the railroad They can collect evidence, talk with medical experts, and determine whether there's a connection between the exposure and your health condition Railroad companies typically use toxic chemicals and other dangerous substances to clean, repair, and lubricate equipment Welders could be exposed to toxic fumes during their work, while general repair workers may be exposed to cleaning solvents, such as creosote and degreasing agents Certain of these chemicals are HAZMAT-listed and can cause serious injury to those working around them Two examples of toxic chemicals that have caused serious accidents include benzene and chlorine, which resulted in the death of nine victims in the Graniteville, South Carolina, train crash that killed nine Another substance that is commonly used in the railroad industry is asbestos which has been associated with cancer mesothelioma as well as other diseases A FELA lawyer can assist railroad workers who have been diagnosed with cancer as a result of their exposure to asbestos Contact us today to get a free consultation if you have any concerns or like to discuss your legal options We'll review your case and determine whether you have a valid claim for compensation In addition to the most obvious dangers, there are a myriad of concealed dangers within the railroad industry For instance, train workers and first responders are usually unaware of the dangers of hazardous chemicals that are being released at wrecks Duty of Care When an employee is injured in a train accident, the worker is entitled to seek compensation from his employer This is done by filing a railroad injury lawsuit under the Federal Employer's Liability Act To be able to claim compensation for this type of injury, the victim must show that the railroad was negligent and that the negligence caused the accident This is a difficult job that requires the railroad to show a duty of care There are a myriad of factors to take into account when trying to establish a duty to care California law has created the balancing test The balance test is a complex mixture of a variety of factors which must be carefully evaluated against each other to determine if the defendant was owed any obligation of care or whether they breached it The duty of care varies between companies It could be different for a construction company than software company, however, the same duties are applicable to both that includes prevention, risk analysis planning, communication, and prevention Employee safety is an integral part of any company's business It's essential for the health and well-being of your employees It's a good idea for your company to hire an expert in this area Many companies have dedicated Employee Health and Safety EHS or Safety Officers who are accountable for maintaining a healthy and safe working environment These individuals are proficient and knowledgeable in their field of expertise, which could aid in preventing accidents in the future In addition, they can assist with any issues caused by an accident or injury at work This may include getting proper medical attention, learning about missed days of work or wages lost, and getting reimbursement for lost time working It could be devastating for your family and you if your employer fails in their duty of care It could also impact your chances of regaining employment, since it could be a sign that the company isn't competent enough and isn't able to maintain a safe and secure workplace This is why it's crucial to speak with an attorney for free if you think that you may have a claim for a lawsuit involving railroad injuries Damages If you file a railroad injury lawsuit, you can claim many damages that can be awarded These include lost wages, medical bills and pain and suffering and the compensation for any permanent disability you've suffered due to the accident The amount you could receive is contingent upon the severity of your personal injury and the circumstances that led to your case A successful claim requires an experienced FELA lawyer to collect evidence and prove that the railroad was negligent in causing your injuries Exposed to harmful chemicals is one of the most frequent causes of accidents in the railroad industry Exposure to harmful chemicals such as creosote, benzene, and asbestos can cause cancer or other serious illnesses among employees A thorough examination of the work environment can aid a railroad worker to prove that their employer was negligent in allowing them be exposed to these hazardous substances It is crucial to speak with an attorney right away if you are an injured railroad worker A knowledgeable FELA railroad injury lawyer can assist you with obtaining the compensation you require to pay for your expenses and restore your standard of life after a work-related accident In addition to proving the railroad was negligent, you'll be required to prove that you were not responsible in the accident This is a higher amount of evidence than you would have to meet in the case of a workers' compensation claim The Federal Employers Liability Act FELA states that railroads have obligations to provide their employees with a safe space to work https//vimeocom/708695175 are responsible for any injuries you suffer when they fail to fulfill this duty Railroad injury lawsuits can be extremely costly because the property damaged by an accident can be extremely valuable This could include cars, equipment or even buildings In many cases, the company's lawyers will be more focused on getting the case settled quickly than they are about avoiding having the jury give punitive damages A knowledgeable FELA attorney who is skilled in railroad injuries can negotiate a fair settlement that is acceptable to both sides This can make a big difference in the outcome of your case and your recovery