Working in the railroad industry can be complex, with several dangers present and even more when negligence is involved. For those injured as a result of this type of situation, it’s important to recognize what rights workers have to take legal action and pursue justice.
Proving Liability
Much like any other area of personal injury law, in order for someone to take legal action against a railroad employer for a work injury, there must be proof of liability. This means considering the four factors involved:
- Duty of care: It must be shown that the employer has a duty to care for the employee. In the railroad industry, it’s necessary for employers to ensure safety measures for all employees in the company.
- Breach of duty of care: Any act of negligence could be considered a breach in the duty to care for employees. For instance, if the employees must be provided safety equipment, but the employer fails to provide it, this is a breach in the duty.
- The breach resulted in an accident: In order to pursue compensation, it must be shown that the employers breach in the duty of care resulted in an incident that could have been prevented (i.e., a defective tool malfunctioning during use).
- The accidents caused an injury: Finally, it must be shown that the incident stemming from the breach of duty to care was the direct cause of the injury the railroad worker sustained.
If these factors are proven in the civil justice system, the jury may decide to award the injured railroad worker compensation for the damages sustained. This can include lost income, medical expenses, and more. This is an imperative step in pursuing justice.
At Webster Vicknair MacLeod, we know how liability is proven and what it takes to help injured railroad workers move forward after suffering a negligence-related injury. We’re here to help you every step of the way.
With our railroad worker injury lawyers on your side, you can feel peace of mind knowing that we go the extra mile on your behalf. Let us be your guide.