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How to File a Railroad Injuries Lawsuit If you are a railroad worker and you have been injured while working, you may be entitled to compensation. Federal Employers Liability Act (FELA) protects these workers. Unlike traditional Illinois workers compensation laws, FELA requires railroad employees to prove that their employer was responsible for their injuries due negligence. They must be able to show that the railroad did not adhere to safety guidelines. Cause of the Accident The railroad is a complicated machine with several independent systems that must work effectively to ensure the safety of passengers. A single piece of equipment can fail and cause severe damages that could lead to an accident that kills or causes injury to others. Negligent conductors, human error, and track problems are some of the most frequently cited causes for train accidents. In other instances, a train driver or pedestrian is the cause of a derailment. If railroad accident lawyer 've been injured as a result of an accident involving trains, call an attorney immediately to discuss your legal options. Your lawyer can help you get the proper medical treatment and also file a claim for damages, and pursue any restitution 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 a workers' compensation case because a FELA claim must prove that the company was negligent in providing employees with a safe work environment as required by law. Negligence is when the company did not take reasonable care to ensure a safe working environment. If you can establish negligence, you'll be entitled to compensation for your losses , which include physical emotional pain, mental trauma, and disfigurement. One of the main causes of train accidents is human error, which can be caused by conductors or railroad employees' carelessness in not following safety rules or operating the train while fatigued, distracted or drunk. Other factors that cause accidents in trains include tracks with defects, for example broken rails, debris on the tracks, or faulty or insufficient safety devices at railway crossings. Similarly, inexperienced train operators who fail to follow the correct safety protocols can be responsible for accidents. Most often, these errors result in serious and fatal injuries. Injured railway workers should seek advice from an experienced lawyer with experience in handling railroad injury lawsuits, since they can ensure that their rights are safeguarded and the victims receive fair and just compensation for their injuries. Our firm has a track record of obtaining the highest payout for our clients in train accidents cases. Exposure to Danger Railroad employees are exposed dangers while working. The risk is high, from the hazardous substances that are found on trains to chemical spills that occur during accidents. The Federal Employers Liability Act (FELA) states that railroads are required to the obligation of using reasonable care to keep their employees protected from injuries. They also have a duty to provide them with a reasonably safe workplace. A company could be sued if they fail meet this standard. An FELA lawyer can assist you to hold your railroad employer responsible for any injuries you have sustained while working for the railroad. They can collect evidence, speak to medical professionals and establish a link between the exposure you endured and your health condition. Toxic chemicals and other hazardous materials are commonly used by railroad companies to clean, repair, and lubricate their equipment. Welders could breathe toxic fumes while doing their work, and general repair workers may be exposed to cleaning solvents, such as creosote or other degreasing substances. Some of these compounds are HAZMAT-listed , and can cause serious injury to those who work around them. Chlorine and benzene are two examples of toxic chemicals that have led to catastrophic accidents, such as the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. Asbestos, another common substance employed in the railroad industry, has been linked with mesothelioma cancer as well as other diseases. If you're a railway worker who was diagnosed with cancer due to exposure to asbestos a FELA lawyer can help you recover damages for your suffering. If you have any questions about your case, or if you would like to discuss your legal options with a knowledgeable railroad injury lawyer, please contact us today for a no-cost consultation. We'll review your case and determine whether you have a legitimate claim for compensation. There are hidden dangers that exist in the railroad industry, in addition to the obvious dangers. For instance, train crews and first responders can be unaware of the dangers of hazardous chemicals that are being released at wreck sites. Duty of Care An employee who is hurt by a railroad accident may claim compensation from their employer. This is done by filing an injury lawsuit against the railroad under the Federal Employer's Liability Act (FELA). A worker must demonstrate that the railroad was negligent in causing their accident , to be capable of filing a claim. This takes a lot of work to establish the duty of care owed by the railroad. There are a variety of things to consider when attempting to prove the existence of a duty of care including the balancing test , which was developed by California law. The balancing test is a complex combination of several 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 is different between companies. It can be different for a construction company to a software company, but the same obligations apply to both situations: prevention, risk assessment planning, communication, and prevention. Safety of employees is an essential element of any company's business. It's vital for the health and well-being of your employees. It's therefore a good idea to have someone who is dedicated to this area of your business's operations. Many companies have Safety Officers, also known as Employee Health and Safety (EHS) who are accountable for maintaining a safe and healthy working environment. These employees are usually highly educated and can prevent future accidents. They can also assist with any issues that could result from an accident or injury that occurs at work. This could include getting the proper medical attention, determining about missed days at work or lost wages and obtaining compensation for time lost on the job. However, if your employer fails to meet their obligation to care it could be devastating for you and your family. It could also impact your chances of gaining employment as it could indicate that the business isn't competent and is not able to maintain an environment of safety. This is the reason it's so important to consult with an attorney free of charge If you think you could be a candidate for a lawsuit involving railroad injuries. Damages There are many damages that are available to railroad injury victims when they file a lawsuit. These include lost wages, medical bills and suffering, as well as compensation for any permanent disability that you might have suffered as a result. The amount of money you can receive will vary depending on the circumstances surrounding your case, as well as your personal injury past. A seasoned FELA lawyer will be required to collect evidence and prove the negligence of the railroad in the cause of your injuries. One of the most common types of accidents that happen in the railroad industry is exposure to hazardous chemicals. For instance, benzene, creosote, and asbestos can all cause cancer or serious illness if employees are exposed to them. Railroad employees are able to prove their negligence by conducting an exhaustive investigation of their work place. It is crucial to speak with an attorney right away if are injured by a railroad worker. A knowledgeable FELA railroad injury attorney can assist you in obtaining the money you need to compensate for your expenses and restore your standard of life after a work-related accident. In addition to proving that the railroad was negligent, you will also need to show that you were not at fault in the incident. This is a higher burden than what you would have to prove in a workers' comp claim. The Federal Employers Liability Act (FELA) states that railroads have obligations to provide their employees with a safe and secure place to work. If they fail in their obligation to perform this obligation, they are liable for the damages you suffer as a result of your injuries. Railroad injury lawsuits can be extremely expensive because the property that is damaged in an accident may be extremely valuable. This could include equipment, cars, or buildings. In many cases, the company's lawyers will be more focused on getting the case settled quickly instead of having the jury decide to award punitive damages. An experienced FELA attorney who is skilled in railroad injury claims can negotiate an equitable settlement that is acceptable to both sides. This could make a huge difference in the outcome of your case as well as your recovery.