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Railroad accidents are frequent and often catastrophic, leaving workers with severe injuries. This can lead to significant physical, emotional, and financial hardship.
A Railroad Injury Attorney specializes in navigating these complex cases and fighting for the rights of injured workers.
LTHZ Law can guide you through the legal process, helping you understand your rights and pursue compensation for injuries caused by negligence, equipment failure, or unsafe working conditions.
Railroad injuries encompass a wide range of accidents that occur in the railway industry, often due to the dangerous nature of the work. From collisions and derailments to exposure to hazardous chemicals or repetitive stress, these injuries can be both physically and emotionally devastating.
Injuries on the railroad can happen for various reasons. Some of the most common include:
When two trains collide, the results can be catastrophic. These types of accidents may occur due to human error, poor maintenance, or even faulty signaling systems. Injuries from train collisions can range from minor cuts to severe, life-threatening damage.
Derailments often lead to significant injuries. Track defects, equipment failure, or miscommunication between crew members can cause a derailment. Workers caught in derailments may face blunt force trauma, burns, or even death.
Railroad workers are regularly exposed to slippery, uneven surfaces, making slip and fall injuries common. These accidents can lead to serious, long-term injuries, whether due to ice, wet conditions, or poorly maintained areas.
With the prevalence of electrified tracks, railroad workers are at high risk for electrocution. A misstep near high-voltage areas or equipment failure can result in severe burns or even death.
The repetitive nature of some railroad jobs can lead to chronic injuries, such as carpal tunnel syndrome or joint problems. These injuries often develop over time due to the physical demands of the job.
Exposure to toxic chemicals or hazardous materials is another potential cause of injury on the railroad. Prolonged exposure to substances like asbestos or diesel exhaust can result in serious respiratory illnesses or even cancer.
When a railroad worker gets injured, the question of liability arises. Who is responsible for compensating the injured worker?
Railroad companies are often held liable for injuries caused by their negligence. Under federal law, they are required to ensure the safety of their employees and maintain safe working conditions. Failure to do so can make them responsible for any resulting injuries.
In some cases, third parties such as contractors or equipment manufacturers may be responsible for the injury. If the accident was caused by a defective product or inadequate service provided by a third-party vendor, they too may be held liable.
Understanding the causes of railroad injuries can help prevent accidents in the future.
Negligence in the railroad industry often leads to accidents. This could be in the form of:
Railroad companies must provide adequate safety measures such as proper training, maintenance, and equipment. When these are lacking, accidents are more likely to happen.
Neglecting maintenance tasks can lead to accidents. For example, poorly maintained tracks or equipment can easily malfunction and cause severe injuries.
Railroad workers need specialized training to ensure they understand the risks involved in their work. Without proper training, accidents are more likely to occur due to human error.
Malfunctioning equipment is another common cause of railroad injuries. Broken signals, defective machinery, or poorly maintained vehicles can all lead to serious accidents.
Railroads often deal with harsh environments. Weather conditions, defective infrastructure, and inadequate lighting can create hazardous situations for workers, increasing the risk of accidents.
Railroad injuries are governed by specific legal frameworks designed to protect workers.
FELA is a key law that protects railroad workers injured on the job. It allows workers to sue their employers for negligence and seek compensation for medical expenses, lost wages, and pain and suffering.
In addition to FELA, other state and federal laws may come into play depending on the specific circumstances of the accident. A Railroad Injury Attorney will help navigate the complex legal landscape to ensure your rights are protected.
Injured railroad workers may be entitled to a variety of damages. These can be divided into economic and non-economic damages.
Economic damages are the measurable financial losses caused by the injury.
If an injury prevents a worker from performing their job, they may be entitled to compensation for lost wages and future earnings.
Medical expenses related to the injury, including treatment, rehabilitation, and long-term care, are also recoverable.
Non-economic damages compensate for intangible losses.
This includes compensation for physical pain and emotional distress caused by the injury.
The trauma of a serious injury often leads to emotional and psychological challenges, which can be compensated in a personal injury claim.
In cases where the injured worker can no longer provide emotional or physical support to their family, compensation may be awarded for loss of consortium.
Navigating a railroad injury case requires legal expertise, and that’s where a Railroad Injury Attorney at LTHZ Law can make all the difference.
Railroad injury cases often involve complex legal issues, including both state and federal laws. An attorney can ensure that your case is handled with the proper legal knowledge and expertise.
A thorough investigation is key to identifying the cause of the accident. Your attorney will gather evidence, interview witnesses, and consult experts to strengthen your case.
The success of your case depends on the evidence. A Railroad Injury Attorney will help gather all the necessary documentation, from medical examiner’s records to accident reports, to build a strong case in your favor.
Insurance companies often try to offer low settlements to avoid paying full compensation. A skilled attorney can help negotiate a fair settlement and prevent you from being taken advantage of.
If your case goes to trial, an experienced attorney will be your advocate in the courtroom, fighting for the compensation you deserve.
Choosing the right attorney can make or break your case. Here’s what to look for:
You need an attorney who understands the nuances of railroad injury law. Experience in handling these specific types of cases is essential for success.
A strong track record of successful cases indicates that the attorney is well-equipped to handle your claim.
Client testimonials can provide insight into an attorney’s ability to represent your interests effectively.
You want an attorney who is accessible and responsive, someone who will keep you informed throughout the entire process.
Railroad workers may be eligible for workers' compensation benefits, but it’s important to understand the limits of this system.
Eligibility for workers' compensation typically depends on the nature of the injury and whether it occurred within the scope of employment.
While workers' compensation covers medical expenses and lost wages, it doesn’t account for pain and suffering, which is where FELA claims can provide additional compensation.
FELA often provides more comprehensive benefits than workers' compensation, particularly when negligence is involved.
What happens if your claim is denied?
Claims can be denied for several reasons, including insufficient evidence or failure to meet deadlines.
If your claim is denied, an experienced Railroad Injury Attorney can help you appeal the decision and ensure that you have the best chance of success.
Be mindful of deadlines when appealing a denied claim. Missing a deadline can prevent you from pursuing the compensation you deserve.
Leep, Tescher, Helfman, and Zanze (LTHZ Law) have a long legacy of fighting for the rights of injured workers in Shasta County. Founded by Ben Leep and Skip Tescher, the firm has been a pillar of legal support for railroad workers for decades.
Today, under the leadership of Ben Helfman and Brian Zanze, LTHZ Law continues this mission, offering dedicated legal representation and personalized attention to each client.
Contact us today to learn more about worker’s compensation. Fill out our forms today if you need help with your workers’ compensation claim process.
Injuries on the railroad are not just dangerous; they can change lives. If you or a loved one has been injured while working on the railroad, it’s essential to seek experienced legal representation.
A skilled Railroad Injury Attorney can help you understand your rights and guide you through the legal process, ensuring that you receive the compensation you deserve.
Don’t face this journey alone—contact a trusted attorney at LTHZ Law who will fight for your rights every step of the way.
Attorney Benjamin Helfman is a dedicated California workers’ compensation attorney serving injured workers and employees in Shasta County and beyond. Attorney Helfman brings a wide breadth of experience and deep knowledge to the field of workers’ compensation, aiming to demystify its complex legal procedures to help the injured and disabled understand their rights and secure the financial compensation they deserve.
Connect with the law firm of Leep, Tescher, Helfman and Zanze to stay up to date on workers’ compensation laws and practices in California.
Call For A Free Consultation: - (530) 287-6674.
