Few professions are as hazardous as that of a railroad worker’s. Each year, hundreds of railroad workers are killed on the job or as a result of illness acquired from their work environment. Working on a railroad poses numerous life-threatening risks and a high level of danger to workers. Not only does a railroad worker face the possibility of being severely injured in a railroad accident, but an accident on the railroad can lead to death. The vast majority of railroad worker injuries are usually deemed the fault of the employer’s negligence. Regardless of whether an accident occurred because of faulty equipment, tools, or poor working conditions, the employer is held responsible.
Under the Federal Employers Liability Act (FELA) that was passed by Congress in 1908, railroad workers are protected against railroad accidents and injuries caused by repetitive stress. In addition to these types of injury, FELA also protects railroad workers from illness acquired as a result of a noxious work environment. Although the amount of evidence needed to prove work safety negligence for railroad workers is considerably less under FELA, an experienced lawyer is needed in order to establish a strong case. Railroad companies constantly face railroad worker accident disputes, and therefore, know the loopholes and shortcuts that will protect them. It is important to seek the advice and expertise of trained Railroad Worker Accident Lawyers to ensure that you get the settlement you deserve. It is of critical importance to seek immediate help upon suffering a railroad worker-related accident or injury. Waiting too long to report your accident can result in your accident being blamed on incidents outside of your occupation.
Railroad workers are subject to a number of illnesses. Many are not aware that FELA also protects workers from illness resulting from railroad work. Exposure to environmental pollutants, asbestos, silica, diesel exhaust, toxins, and other chemicals are factors in railroad worker illness. Lung and brain disease, cancer, cognitive impairment, nerve damage, and musculoskeletal disorders are some of the most common health complications that result from working on railroads.
After successfully filing a claim under FELA, you may be compensated for:
Under FELA, if the injuries lead to the railroad worker’s death, the worker’s immediate family, or his spouse and children, are entitled to compensation. If the victim does not have a spouse or children, the compensation is then given to a close family member or the parents of the deceased worker.
Many times lawsuits brought under FELA don’t always go to court. Often times these cases are taken to mediation or are resolved through settlement conferences. Both cases require a knowledgeable attorney who is familiar with FELA and railroad worker accident laws and regulations. It is imperative that you meet with an experienced railroad worker injury lawyer before a railroad company holds a conference to discuss injury liability, as this can severely hurt your chances of winning a case.
For many people reaching retirement means long days of relaxation and rest. For railroad workers, this is not the case. After having dedicated numerous years of their lives and long arduous hours of labor on railroads, many railroad workers are left permanently battling a handful of illnesses. Even though the use of trains as a mode of transportation has seen a significant decrease with the rise in motor vehicles and planes, trains are still widely used to transport resources, as well as passengers all across the nation.
This means that railroad workers must still perform routine maintenance and testing to keep trains operating daily. The routine tasks of a railroad worker mean constant exposure to hazardous chemicals, toxins, metals, and the most lethal of all, asbestos dust.
Railroad workers suffer a great deal of harm as a result of this frequent exposure to deadly chemicals and the perilous nature of their occupation. The majority of these noxious substances and toxins lead to severely damaging illness and sometimes even death.
Unfortunately, railroad worker illnesses commonly develop among the railroad worker population. Chronic exposure to hazardous chemical substances often leads to numerous ailments in railroad workers.
Some of the most often seen railroad worker illnesses are:
Asbestosis is a lung disease that is only caused by asbestos dust exposure. Asbestos is a group of heat-resistant minerals that does not conduct electricity and has been used in various forms on railroads. It is a type of carcinogen that often leads to asbestosis, a pulmonary disease that causes lung scarring and breathing difficulty. Railroad workers who suffer from asbestosis often aren’t aware of their illness because symptoms of asbestosis can take between 30 to 50 years to show.
Malignant mesothelioma is a type of lung cancer that is found in the thin lining of the body’s organs. Pleural mesothelioma is the most common type of cancer, accounting for 70% of the cases, and it is found in the lung’s lining. The only known cause of this common railroad worker illness is exposure to asbestos dust.
For years, asbestos manufacturers attempted to conceal the perils of working with asbestos. In fact, it wasn’t until the 1970’s that the Consumer Product Safety Commission (CPSC) banned the use of asbestos in wallboard patching and fireplaces. Later, in 1989, the Environmental Protection Agency (EPA) banned all new uses of asbestos. However, uses prior to this year are still allowed.
The Federal Employers’ Liability Act (FELA) states that railroad workers can receive compensation and allows railroad workers to recover damages for injuries while working on the railroad. This includes railroad worker illnesses that may have developed years after having worked on railroads.
If you have suffered from a railroad worker illness, it is imperative that you contact an experienced railroad illness lawyer as soon as you become aware of your ailment. Time is crucial when filing a railroad worker illness lawsuit. There is a time restriction of three years. This means that you must file your railroad worker illness claim within 3 years of knowing you have the job-related disease. Contact The Horwitz Law Group experienced FELA attorneys for a free evaluation.
Type of Case: Mass Transit Accident (Metra) Result: $2.1 million dollars “I was in a Metra Train Accident in September 2005, and I hired Mark Horwitz as my lawyer. My experience with Mark has been wonderful. He’s very considerate. He’s caring. Every time he calls me, the first thing that he says is, how are you feeling and how is your family, and I really, really appreciate that. If I didn’t have Mark Horwitz as my lawyer, I think I’d be lost. I don’t think any other lawyer would give me the information that I needed to feel comfortable that the case is moving in the right direction.” – Marie B. The Chicago Daily Law Bulletin released an article detailing the $2.1 million settlement for Marie shortly after it was announced.
Former Chicago Police Officer Type of Injury: Premises Liability Accident Resulting in Below the Knee Amputation Result: $1,400,000.00 “After all my experiences with attorneys, Mark Horwitz was one of the finest attorneys I’ve ever met. He not only was my attorney, he was my friend. He extended himself far more beyond the attorney/client relationship. I couldn’t ask for a better attorney. I couldn’t ask for a better friend. And I would definitely, without question, recommend him to anyone who needs a professional, qualified attorney because he’s the guy.” – Charles Brown
Type of Injury: Personal Injury Initial Offer: $50,000.00 Jury Verdict:$1,197,000.00 Johnnie B. W. Jr. was a professional basketball player back in the 1970s. In 2002 while getting off a CTA red line train, the trainman closed the doors on Mr. Williams while he was exiting the train. At the time, Mr. Williams was wearing a backpack that became lodged in the doors. The train began to move and Mr. W. ran along the platform until the train’s speed prevented him from doing so. At that time, Mr. W. lost his footing and his long legs began striking the platform while he fought to free himself of the train’s doors and/or his backpack. In the process of doing so, Mr. W. fractured a bone in his wrist. Luckily he was able to free himself of the doors just before the car reached the end of the platform. Mr. W. went to several law firms who refused to take his case holding that he was at fault for his own injuries. Mr. W. then came to see Mark J. Horwitz, of The Horwitz Law Group. Mr. Horwitz instantly filed suit against the CTA and began an investigation to obtain information regarding any…
Type of Injury: Personal Injury Final Offer: $75,000.00 Final Judgment: $100,000.00 On October 7, 2007, Ms. Bogan was driving her automobile on Interstate 57 when she noticed a car stopped in one of the moving lanes. When she looked to see what was happening, she saw a man slumped over his steering wheel who was not moving. Being a good Samaritan, Ms. Bogan parked her vehicle in front of the disabled vehicle and got out to see if the driver of that car needed assistance. After determining that the man was not conscious, Ms. Bogan called the Illinois State Police. The police arrived and told Ms. Bogan to get back into her car. While going between the two cars, the man suddenly awoke, hit his gas and crushed Ms. Bogan between the vehicles. Ms. Bogan’s leg was nearly severed from her body. It turned out that the man causing the accident had no auto insurance. Mr. Horwitz then had to file an uninsured motorist claim with Ms. Bogan’s own insurance company who initially found Ms. Bogan at fault for her own injuries. After fighting and threatening to file a vexatious delay and bad faith claim against Ms. Bogan’s own insurance…
Type of Injury: Personal Injury Final Offer: $60,000.00 Final Settlement: $100,000.00 In the summer of 2008, the father of a minor child (whose name is withheld because he is 5 years old) backed over his son while leaving his home. The child had gone under the car to retrieve a Mr. Potato Head doll that had rolled under the car. The father, not knowing his son was under the car, started it and backed down the driveway. Hearing screams, he stopped his vehicle and drove forward. It was every parent’s worst nightmare. This person, believed he had killed his son. Luckily, his son survived but had both legs broken as well as damage to his skull. “Mark J. Horwitz of The Horwitz Law Group took care of us as though we were family. He handled this very delicate situation with finesse and was able to obtain the maximum amount available for my son while reducing his fees. I would recommend Mr. Horwitz and The Horwitz Law Group to anybody who ever needs a high-powered, kind, efficient lawyer.” -Tanya Mustafa
Type of Injury: Car Accident Final Offer: $60,000.00 Final Judgment: $175,000.00 Rosetta Glover was a passenger in her husband’s car traveling on Martin Luther King Drive. A cab came around their car and made a sudden U turn in front of them causing the accident. Ms. Glover sustained an injury to her shoulder which required an immediate surgery. She hired another Chicago lawyer who obtained a settlement offer from the cab company for $60,000.00 and told Ms. Glover to accept it despite the fact her shoulder continued to give her problems. Ms. Glover then contacted Mark J. Horwitz of The Horwitz Law Group. Mr. Horwitz filed suit and litigated against the cab company for nearly three years. During that time, it was determined that Ms. Glover required an additional surgery on her shoulder. The case was set and ready to proceed to trial in October of 2008. Facing trial and a certain verdict, the cab company offered $175,000.00 on the day of trial and the case settled for $115,000.00 more than the original attorneys wanted Ms. Glover to settle her case for.
I wanted to thank for all the work you have done to help me with my situation. I really appreciate you not giving up despite my indecisive attitude in the beginning . I’m glad to have met you and that represented me. You changed my perspective on lawyers and I cannot repay you for the hard work you did in the past year. You made my situation easier and not only do I respect you as the hard working lawyer that you are but as a friend as well. I hope you have a great new year and thanks to you my 2013 started out great. I apologize for my attitude in the beginning but after meeting you I trusted you. You haven’t disappointed your client…keep up the great work! I’m glad and grateful that you have found me and helped me!
My daughter was severely injured in a car accident and I was nervous about finding a personal injury attorney, but from the start, I felt confident with my choice in the Horwitz Law Group. Mark was completely professional, trustworthy, communicative, honest and helpful. He kept my daughter focused throughout her entire recovery, both emotionally and medically. He was extremely attentive and responsive answering each and every question I had in a timely manner and explained everything in laymen terms - always keeping me informed of every step along the way. Mark was honest with us and didn't make outlandish promises but most of all he wanted what was best for my daughter and not just a paycheck. He and his team were instrumental in saving us huge amounts in medical bills as well as garnering a settlement award that was very much welcomed. Not only did they resolve the case beyond our satisfaction, they also were very caring and supportive thru my daughter's recovery. I couldn't ask for a better attorney and I couldn't recommend him more. It is my hope that I will never need legal representation again, but should I find that I do Mark J Horwitz will…
for a young lady who was run over by a private waste hauling company while crossing the street.
for a client injured in a 2005 Metra train derailment case.
for a client whose family was killed by a street sweeper that ran a red light.
for a premises liability accident resulting in below the knee amputation.
for a woman who was hit by a car while crossing the street.
for a client who was injured on the CTA red line train.
for a client who had lawyers at another law firm trying to settle the accident case for only $60,000.
for a client who was crushed between two cars nearly severing off her leg.
for a client whose son was accidentally run over by her husband as he backed out of their driveway.
To arrange a free initial consultation with an experienced Illinois injury lawyer complete the e-mail form below.