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How to File a Railroad Injuries Lawsuit You may be entitled to compensation if you are a railroad employee who was injured during the course of work. Federal Employers Liability Act (FELA) protects workers. Unlike the standard Illinois workers' compensation laws FELA requires railroad employees to prove that their employer caused injuries due to negligence. They must also show that the railroad did not adhere to safety guidelines. Cause of the Accident Railroads are complex machines that require multiple systems to function properly to ensure safety for passengers. A single piece of equipment can fail and cause significant damage that could result in an accident that kills or causes injury to others. The most frequent causes of train accidents are human mistakes, negligent conductors and track problems. Sometimes railroad accidents , whether a driver or pedestrian is the cause of an accident. If you've been injured in a train crash, contact an attorney as soon as possible to discuss your legal options. Your lawyer can assist you in obtaining appropriate medical treatment, filing an claim for compensation and seeking any restitution that is due to you. A railroad employee has the right to sue their employer for injuries or illnesses that occur in the workplace under the Federal Employers Liability Act (FELA). This is distinct from an injury claim for workers' compensation because a FELA claim must establish that the company was negligent in providing employees with a safe work environment in accordance with the law. Negligence is when the company failed to take reasonable precautions to ensure a safe working environment. If you are able to prove that you were negligent, you will be entitled to damages for your losses , which include physical suffering, mental anguish and disfigurement. Human error is the leading reason for train accidents. This includes conductors' and railroad employees' carelessness in failing to take safety security measures, operating the train when tired, distracted or drunk. Train accidents may be caused by track imperfections such as broken rails or debris, or insufficient safety devices at railway crossings. Additionally, train operators who are not experienced who fail to follow the correct safety protocols can be liable for an accident. These mistakes can often result in serious and fatal injuries. Railroad workers who have been injured should seek out a lawyer who has experience in railroad injury lawsuits. They can ensure that their rights and that the victims receive fair and equitable compensation for their injuries. Our firm has a proven track record of obtaining the most compensation for our clients in train accidents cases. Exposure to Danger Railroad workers face many dangers when on the job. Risks are high from hazardous substances used on trains to chemical spills that occur during accidents. Federal Employers Liability Act (FELA), states that railroads must perform the obligation of reasonable care to ensure that their employees are 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. An FELA lawyer can assist you to hold your railroad employer responsible for any injuries that you might have sustained while working for the railroad. They can collect evidence, speak to medical professionals and determine an association between the type of exposure you received and your health condition. Toxic chemicals as well as other hazardous materials are often used by railroad companies to clean and repair their equipment. Welders can inhale toxic fumes while they work and repair personnel could be exposed to solvents such as creosote or degreasing chemicals. Some of these chemicals are HAZMAT-listed , and can cause serious injury to those who work around them. Chlorine and benzene are just two examples of harmful chemicals that have caused grave accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people. Another common substance that is used in the railway industry is asbestos and has been linked to cancer mesothelioma and other illnesses. A FELA lawyer can help railroad workers who have been diagnosed with cancer because of their exposure to asbestos. Contact us today to get free consultation if have any questions or would like to discuss your legal options. We'll discuss your case and determine whether you have a solid claim for compensation. There are hidden dangers associated with the railroad industry, as well as the obvious dangers. For example, train crews and first responders are typically unaware of the hazardous chemicals that are being released at a wreck scene. Duty of Care A worker who is injured in a railroad accident can seek damages from their employer. This is done through an injury lawsuit against the railroad under the Federal Employer's Liability Act (FELA). To win a claim for this type of injury, a person must show that the railroad was negligent and the negligence caused their accident. This is a challenging job that requires the railroad to prove a duty of care. There are a variety of aspects to consider when attempting to prove the duty of care, including the balancing test , which was developed by California law. The balance 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 violated it. Each company has a different duty of care. While the obligations of care might be different for an IT company than a construction company, they are the same as prevention, risk assessment and planning as well as communicating. Employee safety is an essential part of every company's business and is vital to the wellbeing of your employees. It's an excellent idea that your company has someone who is an expert in this area. Many companies have Safety Officers, also known as Employee Health and Safety (EHS) who are responsible for maintaining a safe and healthy workplace. These employees are competent and experienced in their area of expertise, which could aid in preventing accidents in the future. They can also help in any concerns that arise from an accident or injury at work. This may include getting proper medical attention, learning about missed days at work or wages lost and obtaining reimbursement for lost time working. If your employer fails to uphold their obligations to protect it could be devastating for you and your family. It could also impact your future job prospects as it may be an indication that the company is incompetent and cannot properly keep a safe work environment. This is the reason it's so important to consult an attorney for free in the event that you believe you might have a case for a railroad injuries lawsuit. Damages When you file a railroad injuries lawsuit, there are various damages that can be awarded. This includes medical bills, lost wages, pain and suffering, and the cost of any permanent disability you have incurred because of the accident. The amount of money you could be awarded will vary depending on the circumstances surrounding your case, and your personal injury experience. 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 types of accidents in the railway industry is exposure to harmful chemicals. Exposure to harmful chemicals such as asbestos, creosote and benzene can cause cancer or other serious diseases in employees. Railroad employees are able to prove their negligence by conducting an exhaustive investigation of their work environment. If you're injured as a railroad worker and you are unsure of your legal rights, it's vital to speak with an attorney right away. An experienced FELA railroad injury attorney will assist you in getting the compensation you need to cover your expenses and restore your standard of life following an accident. You must demonstrate that the railroad was negligent and you were not responsible for the accident. This is a heavier burden than what you'd have to prove in a worker compensation claim. Federal Employers Liability Act (FELA) states that railroads are bound by obligations of care to their employees. They are accountable for any injuries that you sustain in the event that they fail to perform this duty. The damages for a railroad accident lawsuit can be substantial, as the property involved in the incident can be extremely valuable. This can include vehicles, equipment and even buildings. In many instances, the company's lawyers are more focused on settling a case as fast as they can, as they wish to avoid having jurors assign punitive damages. A knowledgeable FELA attorney who is skilled in railroad injuries can negotiate a fair settlement that is agreeable to both sides. This could make a significant difference in the outcome of your case and your settlement.