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. The workers are protected under the federal law known as the Federal Employers Liability Act, or FELA.
Unlike typical Illinois workers insurance 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 rules.
The Cause of the Accident
Railroads are intricate machines that require a variety of systems to operate properly to ensure safety for passengers. A single piece of equipment could fail and cause serious damage that could cause an accident that kills or hurts.
Negligent conductors, human error and track problems are among the most common causes for train accidents. Sometimes, a motorist or pedestrian is the cause of a derailment.
If you've suffered injuries in an accident involving trains, call an attorney immediately to discuss your legal options. Your lawyer can help you in obtaining appropriate medical treatment, submitting a claim for compensation, and pursuing any restitution that is due to you.
Railroad employees are entitled to sue their employers for workplace injuries or illnesses under the Federal Employers Law (FELA). This is distinct from the workers' compensation lawsuit because the basis for a FELA claim must prove that the company was negligent in providing you with a safe working environment as required by law.
Negligence is when the company failed to take reasonable care to ensure a safe working environment. If you are able to prove negligence, you will be entitled to damages for your losses , which include physical suffering, mental anguish and disfigurement.
Human error is the primary reason for train accidents. This includes conductors' and railroad employees' negligence in failing to observe safety precautions, operating the train when distracted, fatigued, or intoxicated. Train accidents may also be caused by track defects like broken rails or debris, or the inadequacy of security devices at railway crossings.
Similarly, inexperienced train operators who do not follow proper safety procedures can also be at fault for an accident. Often, these mistakes result in serious and fatal injuries.
Railroad workers who are injured should seek out a lawyer who has experience in railroad injury lawsuits. They will be able to ensure that their rights are protected and that victims get fair and fair compensation for their injuries. Our firm has a proven track record of handling train accident cases and obtaining the maximum amount of compensation for our clients.
Dangerous Exposure
Railroad workers face a myriad of risks during their work. The risk is very high, from the hazardous substances that are found on trains to chemical spills that occur during accidents.
Federal Employers Liability Act (FELA), states that railroads are bound by the obligation of reasonable care to keep their employees safe from injury. They are also required to provide them with a safe workplace. A company could be sued if they fail to adhere to this standard.
An FELA lawyer can help you make your railroad employer accountable for any injuries that you might have sustained while working for the railroad. They can collect evidence, consult with medical professionals and find an association between the exposure you had to and your health condition.
Toxic chemicals and other dangerous materials are often used by railroad companies to clean, repair, and lubricate their equipment. Welders may inhale toxic fumes when they work as well as general repair workers could be exposed to solvents such as creosote or degreasing chemicals.
Some of these chemicals are HAZMAT-listed and may cause serious injuries to people working around them. Chlorine and benzene are just two examples of toxic chemicals that have been responsible for serious accidents, including the 2005 Norfolk Southern train crash in Graniteville, South Carolina that killed nine people.
Another substance that is commonly that is used in the railway industry is asbestos and has been linked to cancer mesothelioma and other diseases. If you are an employee of the railroad industry who was diagnosed with cancer due to the exposure to asbestos, a FELA lawyer can assist you to get compensation for your pain.
Contact us today for an initial consultation for free if you have any concerns or like to discuss your legal options. We'll go over your case and determine if you have a strong claim for compensation.
In addition to the most obvious risks, there are also many concealed dangers within the railway industry. First responders and crews of trains often are unaware of hazardous chemical releases from wreck sites.
Duty of Care
If an employee is injured in a train accident, the employee has the legal right to seek damages from the employer. This 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 accident to be able to file a claim. This requires lots of work in order to establish a duty of care by the railroad.
There are a variety of factors to consider when trying to establish the duty of care, including the balancing test , which was developed by California law. The balance test is a complex mixture of a variety of factors which must be carefully evaluated against each other in order to determine whether the defendant was owed any obligation of care or whether they breached it.
Each company has its own obligation of care. While the obligations of care may be different for software companies than a construction company, they are the same: prevention, risk assessment and planning as well as communication.
Safety of employees is an integral part of every company's business and is crucial to the well-being of your employees. It's a good idea that your company has someone who specializes in this field.
Many companies have dedicated Employee Health and Safety (EHS) or Safety Officers who are responsible for ensuring a healthy and safe work environment. They are competent and experienced in their area of expertise, which can aid in preventing accidents in the future.
Additionally, they can assist with any issues caused by an accident or injury at work. This may include getting proper medical attention, learning about any missed days of work or wages lost, and getting reimbursement for time lost on the job.
However, if your employer fails to uphold their obligation to care it could be devastating for you and your family. It could also affect your chances of getting a job as it could indicate that the company is not competent and cannot provide an environment that is safe for employees. This is why it's important to consult with an attorney free of charge when you think you may be eligible for a railroad-related injury lawsuit.
Damages
There are numerous damages that are available to victims of railroad accidents if they decide to file a lawsuit. This includes medical bills, lost wages, pain and suffering, and the cost of any permanent disability you have incurred as a result of the accident.
The amount you could receive will be contingent in accordance with the circumstances surrounding your case, and your personal injury past. An experienced FELA lawyer will be required to gather evidence and prove negligence by the railroad in causing your injuries.
One of the most common types of accidents in the railway industry is exposure to harmful chemicals. For instance, benzene, creosote and asbestos can all cause cancer or other serious illnesses if workers are exposed to these substances. Railroad employees may prove their negligence through a thorough investigation of their workplace.
If you're an injured railroad worker and you are unsure of your legal rights, it's vital to speak with an attorney as soon as possible. An experienced FELA railroad injury lawyer can help you get the compensation you need to pay for your losses and restore your quality of life following a work-related accident.
In addition to proving that the railroad was negligent, you will have to prove that you were not responsible in the incident. This is a higher burden of proof than you would have to meet in the case of a workers' compensation claim.
The Federal Employers Liability Act (FELA) states that railroads are bound by obligations to provide their employees with a safe environment to work. They are liable for any injuries you sustain in the event they fail to meet this obligation.
Railroad injuries can be expensive as the property damaged in an accident may be extremely valuable. This could include equipment, cars, or buildings.
In many instances, the company's lawyers tend to focus on settling a case as fast as they can in order to avoid having jurors award punitive damages. A experienced FELA attorney who specializes in handling railroad injury cases can negotiate an equitable settlement that is appealing to both parties. This can make a big difference in the outcome of your case and the amount you recover.