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How to File a Railroad Injuries Lawsuit If you're railway worker and have been injured while working you could be entitled to compensation. They are covered by the federal law known as the Federal Employers Liability Act, or FELA. FELA requires railroad employees, in contrast to the standard Illinois workers' compensation laws to prove that their employer is negligent. They must be able to show that the railroad did not adhere to safety guidelines. The cause of the accident The railroad is a complex machine with several independent systems that need to work properly in order to ensure that passengers are safe. A single piece of equipment can fail and cause severe damage that could result in an accident that kills or causes injury to others. Some of the most common causes of train accidents are human negligence, negligent conductors and track problems. Sometimes, a pedestrian or driver is the cause of an accident. If you were injured in a train crash, contact an attorney as soon as possible to discuss your legal options. The lawyer you choose to work with can assist with obtaining proper medical treatment, filing an insurance claim, and seeking any restitution that 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 distinct 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 a company did not use reasonable care to provide you with a safe work environment. If negligence is proven and you are able to seek damages for your injuries, including mental trauma and disfigurement. One of the most common causes of train accidents is human error. This includes conductor or railroad employee's negligence in failing to observe safety guidelines or operating the train when tired, distracted or drunk. Other factors that contribute to train accidents include track defects, such as broken rails, debris on the tracks, or faulty or inadequate safety devices at railway crossings. Train operators who aren't well-educated can be responsible for an accident if they fail to follow safety procedures. Many times, these errors result in severe and deadly injuries. Railroad workers injured in an accident should seek advice from an experienced lawyer who has handled railroad injury lawsuits, as they can ensure that their rights are protected and that the victims receive fair and fair compensation for their injuries. Our firm has a demonstrated track record in taking on train accident cases and winning the maximum amount of compensation for our clients. Dangerous Exposure Railroad workers face numerous dangers while working. The risk is very high, from hazardous substances found on trains to chemical spillages during accidents. Federal Employers Liability Act (FELA), states that railroads must perform a duty of reasonable care to keep their employees protected from injuries. They must also ensure a safe and secure environment for their employees to work. A company could be sued if they fail comply with this standard. 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 gather evidence, consult with medical professionals and determine a link between the exposure you were exposed to and your health condition. Railroad companies frequently use toxic chemicals as well as other hazardous substances to clean, repair, and lubricate equipment. Welders can 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 may cause serious injury to those who work around them. Chlorine and benzene are two examples of harmful chemicals that have caused catastrophic accidents, such as the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. this page , another common substance employed in the railroad industry, has been linked with cancer mesothelioma as well as other diseases. If you are a railway worker who was diagnosed with cancer due to exposure to asbestos a FELA lawyer can assist you to claim compensation for your pain. If you have questions about your case, or if you would like to discuss your legal options with a knowledgeable railroad accident lawyer, contact us today to schedule a free consultation. We will analyze your case and determine if you have a legitimate claim to compensation. There are hidden dangers that exist in the railroad industry, as well as the obvious dangers. First responders and crews of trains often aren't aware of the hazardous chemicals released at wreck sites. Duty of Care An employee who is hurt by a railroad 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). In order to be awarded compensation for this type of injury, a worker must demonstrate that the railroad was negligent and that the negligence caused the accident. This requires many hours of work to establish the duty of care of the railroad. There are a variety of factors to look at in proving the existence of a duty of care such as the balancing tests that were developed by California law. The balancing test is a complex combination of various factors that must be carefully weighed against one another to determine whether the defendant owed the plaintiff a obligation of care or if they violated it. Every company has its own obligation of care. It may be different for a construction company to software companies, however the same obligations are applicable to both: prevention, risk assessment planning, communication, and risk assessment. Safety of employees is an integral part of every business and is vital to the health of your employees. It's an excellent idea that your company has someone who is specialized in this field. Many companies have Safety Officers or Employee Health and Safety (EHS), who are responsible for ensuring a secure and healthy workplace. They are usually very well-informed and can help prevent any future accidents. They can also help in any concerns that arise from an accident or injury at work. This includes obtaining medical attention, finding lost wages or unwork days, and obtaining reimbursement for the time that was lost on the job. If your employer fails to fulfill their obligation to care this could be devastating for you and your family. It could also impact your chances of getting a job as it could suggest that the company isn't competent and cannot provide an environment that is safe for employees. This is why it's important to consult an attorney for free If you think you may be eligible for a railroad-related injury lawsuit. Damages If you file a railroad accident lawsuit, there are several damages that you can claim. These damages can include lost wages, medical bills and pain and suffering, as well as the compensation for any permanent disability that you might have suffered as a result. The amount of money you could receive will be contingent depending on the circumstances surrounding your case, and your own personal injury history. A successful claim requires an experienced FELA lawyer to gather evidence and prove that the railroad was negligent in causing your injuries. Exposure to hazardous chemicals is one of the most common causes of accident in the railroad industry. Exposure to harmful chemicals like creosote, benzene, and asbestos can cause cancer or other serious illnesses in employees. A thorough examination of the work environment can help a railroad employee establish that their employer was negligent in allowing them to be exposed to these harmful substances. It is imperative to talk to an attorney as soon as you have been injured by a railroad employee. A knowledgeable FELA railroad accident attorney can help you obtain the compensation you require to cover your losses and improve your quality of life following an incident at work. You must demonstrate that the railroad was negligent and you weren't responsible for the accident. This is a more difficult task than what you'd have to prove in a workers' comp claim. Federal Employers Liability Act (FELA) states that railroads have obligations of care to their employees. They are liable for any injuries that you sustain in the event that they fail to perform the requirements of this duty. Damages incurred in a railroad accident lawsuit can be quite significant because the property involved in the accident can be extremely valuable. This could be cars, equipment, or buildings. Sometimes, the company's lawyers will be more concerned with the speed of settlement than they are about avoiding having the jury decide to award punitive damages. An experienced FELA attorney who is specialized in railroad injuries can negotiate an equitable settlement that is acceptable to both sides. This can make a major difference in the outcome of your case and your recovery.