Your Kansas City Train Work Accident or Train Collision Attorney

Taking a train from one end of the country to the other is still a fun and popular way to see our great nation. Many people commute on trains every day for work. Many individuals use trains to visit family throughout the United States of America or to enjoy some of our great country’s best scenic views. All of these trains require maintenance and operation workers, from the conductors and engineers to the office administrative staff and personnel.  Each one of these employees faces many risks of being hurt while on the job. Members of the public, you or your loved ones could also be hurt in an accident involving a train.

If you or a loved one has been hurt in a train accident, you need to hire the best law firm with lawyers who have experience and skill handling Missouri and Kansas train accident cases. The Missouri Kansas personal injury lawyers at Devkota Law Firm will review your injuries and the accident. If you have an injury claim, we can represent you in a lawsuit against the responsible party. Call us at 816-842-9100 to discuss your case with a FELA lawyer today.

Most Common Causes of Train Accidents resulting in injury or death to members of the public or railroad workers:

1. Train derailment due to speed, improper lookout, track condition or other reason
2. Train collisions with other trains, car, truck, bus, motorcycle, or pedestrians
3. Defective or malfunctioning train crossing signals
4. Defective or malfunctioning train or track equipment
5. Defective train products or parts
6. Too much or improperly secured cargo
7. Exposure to toxic substances from spills or operation
8. Negligent and Improper maintenance of a train
9. Railroad worker negligence
10. Train conductor negligence

The aforementioned reasons for train accidents injuries & death or common but to make it really simple it comes down to human error, mechanical failures, and/or train track malfunctions. After a train accident, a train accident lawyer at our firm will investigate the train crash or other negligent act to determine whether one or more people were culpable.  We will find out whose fault it was and connect that to your injury.

The condition of train tracks plays an integral role in safety. When train rails are not taken seriously and maintained vigilantly the risk of a derailment, collision, or other accident increases. The rule applies to the train itself. Trains should be routinely inspected and repaired with the same effort as the rails they ride upon.

Most train accident injuries are serious or catastrophic due to the nature of the train and risk to railroad workers and the public. Like with other types of personal injury cases the extent of your or your loved one’s injuries depend on many factors.

Common Injuries resulting from a train accident:

1. Amputations
2. Traumatic Brain Injury (TBI),
3. Concussion
4. Moderate-to-severe brain injury
5. Internal bleeding
6. Internal organ damage
7. Contusions and lacerations
8. Crush injuries
9. Spinal cord injuries or Nerve damage resulting in partial or full paralysis
10. Lung or Respiratory injuries
11. Simple bone fractures
12. Skin disfigurement and burns
13. Paralysis and other
14. Vision damage or loss
15. Back and spine injuries
16. Burns
17. Complex bone fractures

People who have been injured by trains are in two categories. (1) Train Employee or (2) General Public

1. Train worker – a person who works for a railroad company or any other company related the rail industry, even if you are not in contact with a train such as rail support industry workers.
2. Non- Train worker – General Public, anyone who is injured due to a train or qualified rail supporting industry.

1. FELA Claims – a federal worker’s compensation claim for Train and Railroad Workers

The Federal Employers Liability Act (FELA), was passed in and modified in the early 1900’s.  Many train and railroad workers were injured in the early days of the train era.  The government legislated protection and compensation for harm created by companies and manufacturers.  The Unites States of America believed they needed legal rights to make a claim for their injuries. FELA was created for injured railroad workers or the families of those killed on the job, and made the railroad company liable for worker injuries. If you are a railroad or train worker who is injured while on duty you are probably protected by FELA, and you do not have to be injured by a train but simply be a railroad related worker for a railroad-related employer.

If you are a railroad worker and were injured while working, you should contact the  Devkota Law Firm, now.

What do you need to prove in a FMLA claim if you are a railroad worker?

With an FELA claim, you are claiming that your employer or someone else failed to provide you with a reasonably safe work environment. A railroad company’s main and often strongest defense is that you were also negligent and contributed to the accident and your injuries. Don’t let the lawyers for the company distract from the fact that you are a hard-working employee who just had an accident.  You deserve to be evaluated fairly. You deserve compensation. Call the Devkota Law Firm for a free consultation.

8 things you should do after a train accident. The FELA claim process:

If you are a railroad worker who was hurt on the job, discuss the FELA claim process with an experienced FELA lawyer. An overview of the process includes:

1. Seek medical attention for your injury and follow the doctor’s instructions carefully including follow-ups and referrals to other specialists.
2. Report the accident and injury to your employer as soon as your are out of emergency medical care.
3. Hire the Devkota Law Firm, FELA lawyer.
4. Review your employer’s investigation.
5. The Devkota Law Firm will conduct an independent investigation.
6. Prepare Litigation.
7. File a complaint in state or federal court if claim is not resolved.
8. If a settlement is not reached to your satisfaction, then go to trial.

2. Train Accident Personal Injury Claims for the General Public

If you are a member of the public and injured in a train accident, call the Devkota Law Firm immediately! A train accident lawyer from The Devkota Law Firm will investigate your case and provide you a full liability analysis then guide you through your personal injury claim. You are not required nor limited by FELA for your claim. Alternatively, you will proceed with a traditional personal injury claim against any liable party.

Common defendants in train personal injure case:

Train Track owner

Train Company

Train Operation company

Manufacturer

You may recover for the following: Recovering Compensation After a Train Accident

• Permanent or Partial Disability
• Medical Bills
• Pain and suffering
• Lost Income
• Scarring and Disfigurement
• PTSD and Emotional distress
• Loss of enjoyment of life, loss of normal life
• Medical Bills
• Pain and suffering
• Lost Income