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How to File a Railroad Injuries Lawsuit You could be entitled to compensation if you are a railroad employee who has suffered an injury at work. These workers are protected by a specific federal law referred to as the Federal Employers Liability Act, or FELA. In contrast to the standard Illinois workers compensation laws, FELA requires railroad employees to prove that their employer caused their injuries due negligence. They must demonstrate that the railroad did not follow safety rules. The cause of the accident Railroads are intricate machines that require multiple systems to operate properly to ensure safety for passengers. When a single piece of equipment malfunctions, it can cause catastrophic damage and cause an accident that kills or hurts people. Negligent conductors, human error and track issues are among the most frequent causes of train accidents. Sometimes, a driver or pedestrian is the cause of an accident. If you've suffered injuries in an accident involving trains, call an attorney as soon as possible to discuss your legal options. Your lawyer can help you get the proper medical treatment, file a claim for damages, and pursue any restitution due to you. Railroad employees have the right to sue their employers for injuries or illnesses that occur in the workplace under the Federal Employers Law (FELA). This is different from the workers' compensation lawsuit because a FELA claim must show 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 use reasonable care to provide you with a safe and secure workplace. If you can prove negligence, you will be entitled to damages for your losses , including physical suffering, mental anguish and disfigurement. One of the most frequent causes of train accidents is human error, which includes conductor or railroad employee's negligence in failing to follow safety precautions or operating the train when fatigued, distracted or drunk. Other factors that cause accidents on trains include tracks with defects, for example broken rails or debris on the tracks, or or inadequate safety equipment at railway crossings. Train operators who aren't experienced can be responsible for an accident if they don't adhere to safety guidelines. These mistakes can lead to severe and fatal injuries. Railroad workers injured in an accident should seek the counsel of an experienced lawyer who has handled railroad injury lawsuits, as they will be able to ensure that their rights are safeguarded and the victims receive fair and reasonable compensation for their injuries. Our firm has a solid track record in taking on train accident cases and winning the maximum compensation possible for our clients. Dangerous Exposure Railroad employees are exposed to a variety of dangers while on the job. From hazardous substances that are found on trains to chemical leaks during accidents the dangers are high. Federal Employers Liability Act (FELA), states that railroads must perform the obligation of reasonable care to keep their employees protected from injuries. They also have a responsibility to provide them with a safe place to work. A company could be found guilty if they fail meet this standard. An FELA lawyer can help you ensure that your railroad company is held accountable for any injuries you have sustained while working on the railroad. They can collect evidence, speak with medical professionals, and determine whether there is a connection between the exposure and your health condition. Toxic chemicals and other hazardous materials are commonly used by railroad companies to clean, repair, and lubricate their equipment. Welders can be exposed to toxic fumes during their work, and general repair workers are exposed to cleaning solvents, such as creosote or degreasing agents. Certain of these compounds carry the HAZMAT designation, and may cause serious injuries to people working around them. Two examples of hazardous chemicals that have caused serious accidents are benzene and chlorine, which caused the death of nine victims in the Graniteville, South Carolina, train crash which killed nine. Another common substance that is commonly used in the railroad industry is asbestos, which has been linked to cancer mesothelioma and other illnesses. If you are an employee of the railroad industry who was diagnosed with cancer as a result of the exposure to asbestos, a FELA lawyer can assist you recover damages for your suffering. Contact us today to get an initial consultation for free if you have any questions or would like to discuss your legal options. We'll go over your case and determine whether you have a legitimate claim for compensation. In addition to the most obvious dangers, there are a myriad of hidden threats in the railway industry. Train crews and first responders often are unaware of hazardous chemicals released at wreck sites. Duty of Care A person who is injured in a rail accident may seek compensation from their employer. This is accomplished through an injury lawsuit filed against railroads under the Federal Employer's Liability Act (FELA). A worker must demonstrate that the railroad was negligent in causing the accident to be able to file an action. This requires many hours of work to establish the duty of care that is owed to the railroad. There are a number of factors to consider when trying to prove a duty of care, including the balancing test that was created by California law. The test of balancing is a complex combination of several factors that must be carefully weighed against each other to determine if the defendant was owed any obligation of care or if they breached it. Every company has its own duty of care. It could be different for a construction company to a software company, but the same responsibilities apply to both: prevention, risk assessment, planning, and communication. Employee safety is a huge part of every company's business, and it's essential for the health of your employees. This is why it's recommended to have someone dedicated to this area of your company's operations. Many companies have dedicated Employee Health and Safety (EHS) or Safety Officers, who are responsible for maintaining a healthy and safe working environment. These employees are usually highly educated and can prevent future accidents. They can also help with any concerns that may result from an accident or injury that occurs at work. This can include obtaining proper medical treatment, finding out about missed days at work or wages lost, and getting reimbursement for time lost on the job. It could be disastrous for you and your family members if your employer fails to fulfill their duty of care. It could also impact your job prospects in the future, as it could be a sign that the company is incompetent and cannot properly ensure a safe working environment. This is the reason it's so important to speak with an attorney free of charge if you think that you may be eligible for a railroad-related injury lawsuit. Damages When you file a railroad injuries lawsuit, there are a number of damages that are possible to be awarded. These include lost wages, medical bills, pain and suffering, and compensation for any permanent disability you have incurred as a result of the accident. The amount you can get depends on the severity of your personal injury and the circumstances that led to your case. A successful claim will require an experienced FELA lawyer to find evidence and prove the railroad was negligent in causing your injuries. Exposed to harmful chemicals is among the most frequent causes of accident in the railway industry. For instance, benzene creosote, as well as asbestos can all cause cancer or serious health issues if employees are exposed to these substances. Railroad employees are able to prove their negligence by conducting a thorough investigation of their work environment. It is important to consult an attorney right away if are injured by a railroad worker. A knowledgeable FELA railroad accident lawyer can assist you to obtain the compensation you need to cover your losses and improve your living standards following an accident at work. In addition to proving that the railroad was negligent, you'll have to prove that you were not responsible in the incident. This is a much higher burden of proof than the one you would have to meet in a workers' compensation claim. The Federal Employers Liability Act (FELA) states that railroads are bound by a duty to provide their employees with a safe space to work. railroad injury lawyer ottawa are accountable for any injuries you sustain in the event that they fail to perform this duty. Railroad injury lawsuits can be very expensive as the property damaged in an accident may be extremely valuable. This can include vehicles, equipment, and buildings. Many times, the firm's lawyers will be more concerned with getting a case settled quickly instead of having the jury give punitive damages. A knowledgeable FELA attorney with experience handling railroad injury cases can negotiate an equitable settlement that appeals to both parties. This can make a huge difference in your case's outcome and the amount you recover.