How to File a Railroad Injuries Lawsuit You may be eligible for compensation if are a railroad worker who has suffered an injury at work The workers are protected under the federal law known as the Federal Employers Liability Act, or FELA FELA requires railroad employees, unlike standard Illinois workers' compensation laws to demonstrate negligence on the part of their employer They must also prove that the railroad did not follow safety rules Accident Cause Railroads are complicated machines that require many systems to operate properly to ensure the safety of passengers A single piece of equipment can fail and cause severe damage that could cause an accident that kills or hurts Negligent conductors, human error, and track problems are some of the most common causes for train accidents Sometimes, a pedestrian or driver is responsible for a train 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 an action for compensation, and pursuing any restitution which is due to you Railroad employees have the right to sue their employers for workplace injuries or illnesses under the Federal Employers Law FELA This is different from the workers' compensation lawsuit because the basis for a FELA claim must demonstrate that the company was negligent in providing workers with a safe and secure work environment, as required by law Negligence is when a company did not exercise reasonable care to provide you with a secure work environment If negligence is proven you may be able to claim damages for your injuries, including mental trauma and disfigurement One of the most common causes of train accidents is human error, which includes conductor or railroad employee's inattention to safety rules or operating the train when fatigued, distracted or drunk Train accidents may also be caused by track imperfections such as broken rails, debris, or inadequate safety devices at railway crossings Train operators who aren't experienced can be at fault for an accident if they don't follow safety guidelines These errors can cause fatal injuries Railroad workers who have suffered injuries need to consult a lawyer who is skilled in railroad accident lawsuits They will be able to ensure that their rights are protected and that victims receive fair and fair compensation for their injuries Our firm has a long-standing track record in taking on railroad accident cases and obtaining the maximum compensation possible for our clients Dangerous Exposure Railroad employees are exposed dangers while working The risks are high, from dangerous substances 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 ensure that their employees are protected from injuries They also have a responsibility to provide them with a safe place to work A company could be accused of negligence if they fail to meet this standard An FELA lawyer can assist you to find your railroad's employer responsible for any injuries that you might have sustained while working on the railroad They can gather evidence, speak to medical professionals, and discover a link between the exposure you had to and your health condition Railroad companies frequently use toxic chemicals and other dangerous substances to clean and repair equipment Welders can be exposed to toxic fumes during their work, and general repair workers might be exposed to cleaning solvents such as creosote or other degreasing substances Some of these chemicals carry some of them a HAZMAT designation and could cause serious injuries to people working around them Chlorine and benzene are just two examples of toxic chemicals that have caused serious accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people Asbestos is another popular substance used in the railroad industry has been linked with mesothelioma, a type of cancer, and other illnesses A FELA lawyer can assist railroad workers who have been diagnosed with cancer because of their exposure to asbestos If you have questions about your case, or you would like to discuss your legal options with a knowledgeable railroad injury lawyer, please contact us today to schedule a free consultation We will review your case and determine if you have a valid claim for compensation In addition to the most obvious dangers, there are numerous concealed dangers within the railroad industry Train crews and first responders often are unaware of hazardous chemical releases from wreck sites Duty of Care If an employee is injured in a train accident, the worker has the legal right to seek compensation from his employer https//vimeocom/708914358 is done through a railroad injuries lawsuit under the Federal Employer's Liability Act FELA A worker must demonstrate that the railroad was negligent in causing their injury to be eligible to file a claim This takes many hours of work to establish the duty of care that is owed to the railroad There are a myriad of factors to look at when trying to establish that there was a duty to care, including the balancing test , which was developed by California law The testing of balancing is a complicated combination of several factors which must be carefully evaluated against each other in order to determine if the defendant owed the plaintiff any obligation of care or if they breached it Every company has its own duty of care While the duties of care might be different for software companies than for a construction company, the requirements are the same as prevention, risk assessment and planning, as well as communication Employee safety is an integral element of any company's business It's essential for the health and well-being of your employees It's recommended for your business to employ an expert in this area Many companies have dedicated Employee Health and Safety EHS or Safety Officers who are responsible for ensuring a healthy and safe working environment They are usually well-informed and can help prevent future accidents They can also assist with any issues that could result from an accident or injury at work This includes obtaining medical attention, tracking down lost wages or missed work days, and getting reimbursement for the time that was lost on the job It could be catastrophic for your family and you if your employer fails to meet their obligation to care It could also impact your chances of regaining employment, as it may be an indication that the business is incompetent and cannot properly maintain a safe workplace If you believe that you have a claim against the railroad for railroad injuries it is vital to consult an attorney for free Damages There are numerous damages that could be awarded to victims of railroad accidents if they decide to file a lawsuit These include lost wages, medical bills and pain and suffering and compensation for any permanent impairment you have incurred as a result of the accident The amount you could be awarded will vary in accordance with the circumstances surrounding your case, and your own personal injury background A successful claim requires an experienced FELA lawyer to find evidence and prove the railroad was negligent in causing your injuries One of the most common kinds of accidents that occur that happen in the railroad industry is exposure to hazardous chemicals Exposure to harmful chemicals such as creosote, asbestos and benzene can cause cancer or other serious illnesses among employees An exhaustive investigation of the workplace may aid a railroad worker to prove that their employer was negligent in allowing them be exposed substances It is crucial to speak with an attorney right away if you are an injured railroad worker An experienced FELA railroad injury lawyer can assist you in obtaining the money you need to cover your losses and restore your quality of life after an accident In addition to proving that the railroad was negligent, you will be required to prove that you were not responsible in the accident This is a higher burden than what you'd need to prove in a worker' comp claim The Federal Employers Liability Act FELA states that railroads are bound by the obligation of providing their employees with a safe and secure place to work If they fail to comply with this obligation, they will be accountable for any damages you incur because of your injuries Railroad injury lawsuits can be extremely expensive because the property that is damaged during an accident could be extremely valuable This can include equipment, cars, and buildings In many cases, the company's lawyers will be more concerned with settling a case quickly than they are about avoiding having the jury decide to award punitive damages An experienced FELA attorney who is skilled in railroad injuries can negotiate an equitable settlement that is agreeable to both sides This can make a big difference in the outcome of your case as well as your settlement