Working for the railroad holds a higher risk of injury and illness than many other professions, and many workers each year suffer ill heath and even death because of working on the railroads. These can involve accidents due to faulty equipment, tools or working conditions, or can include dangers posed by toxic or hazardous substances. It is important to be aware of your rights and the regulations that should be upheld by the railroad when you are in this type of profession, as this will give you an idea of what to do if you do sustain an injury while at work.
Most cases of railroad worker injury are deemed the fault of the employer, and this is generally through negligence and failure to adhere to health and safety regulations with regards to the employees’ health. Whether the accident occurs as a result of faulty equipment, tools, poor working conditions, or any other form of negligence, it is the railroad employer that is normally held responsible for injuries, accidents, and death of railroad workers when it occurs in this manner.
Of course, it is also important for railroad workers to act appropriately and responsibly themselves. This can be a high risk job, and it is important that railroad workers remember this when they are working in such an environment and under potentially hazardous conditions. If a railroad worker has an accident as a result of being drunk, or on drugs, or behaving inappropriately, the liability will lie with the worker himself and not the railroad employer.
If you do have an accident as a railroad worker, you must report this to your supervisor or manager, even if the damage doesn’t seem particularly significant at the time. It is then up to the supervisor or manager to ascertain exactly how and when the accident took place based on your statement and any witnesses or evidence. You must ensure that in your statement you clearly specify that the accident resulted from negligence or fault of the railroad. You must stress that you followed safety regulations at all times, and that you were in no way responsible for the accident.
It is important to report a railroad injury immediately after the incident, and failure to do so could result in your injuries being blamed on incidents outside of work. You should file your report or statement immediately, and ensure that the details of your injury or accident have been logged in the appropriate places. It is also important to seek both medical and legal assistance as soon as possible, as you may well be entitled to compensation for your illness or injury. Remember, this is not only injuries sustained through faulty equipment, tools, or poor working conditions, but also inadequately protected exposure to toxins and substance such as:
Asbestos
Diesel fumes
Silica
Metals
Solvents
It is advisable to find a lawyer that is trained and experienced in railroad injuries and diseases to handle your railroad injury case. Even if you are entitled to workers’ compensation, you may also be entitled to extra compensation for injury caused through the railroad employer, so it is well worth contacting a railroad injury lawyer. If you are the relation of a loved one that has died through a railroad worker accident, you can also seek advice from a lawyer to claim compensation for wrongful death.
It is best to find a lawyer with as much experience as possible in railroad injuries, as this can make the difference between a successful and unsuccessful claim. A more experienced lawyer can also draw upon past cases and established resources in order to build a solid lawsuit, which can maximize your chances of getting compensation for pain, suffering, loss of earnings, medical expenses, or wrongful death through a railroad injury.
You can get a free initial consultation with many railroad injury lawyers, so whatever the injury or illness sustained, it is worth taking advantage of this free appointment to allow a legal expert in the field to determine whether you are entitled to file a claim. Your lawyer will be able to go through your legal options and can ensure that you have the best chance possible of getting compensated for your railroad worker injury.
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