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Railroad Injuries Law If you have been injured in a railroad accident, you need an attorney who knows the complex laws involved in these kinds of claims. They can help you understand the regulations and gather the evidence required to seek compensation from negligent employers in state or federal courts across the country. Railroad companies must provide a safe work environment for their employees in accordance with the Federal Employers' Liability Act. They are required to provide safety by conducting inspections and train and supervise and refrain from making unreasonable demands and create a safe environment. Federal Employers' Liability Act, (FELA). The Federal Employers' Liability Act (FELA) was passed to defend the rights of railroad employees who suffer injuries or are diagnosed with certain diseases due to exposure to dangerous substances in the workplace. The law also allows employees to sue their employers for monetary damages which are not covered by workers' compensation or state laws. FELA was founded in response to the dangerous environment created by railroads during the westward expansion of America in the 19th century. At the time, railroads didn't do enough to ensure their employees' safety was a priority. The employees were exposed to unsafe working conditions that could have left them with serious injuries or even death. Because FELA was developed at this period, it has some unique provisions that may help you to recover the compensation you are entitled to. These include: You may be eligible for an FELA case for many different injuries. This includes: One of the most prevalent types of railroad injury cases is one that is caused by repetitive trauma. These injuries are not caused by accident, but rather are the result of repetitive use of equipment and tools over a long time. These injuries can lead to permanent disfigurement and physical damage that could be dangerous. These injuries can result in permanent medical problems that can impact the employee's quality-of-life. Furthermore, the FELA protects railroad workers who are diagnosed with certain occupational diseases such as mesothelioma or lung cancer. These diseases can be caused by prolonged exposure to toxic substances such as diesel exhaust or asbestos. If you suspect you suffer from an occupational illness and believe that it is related in any way to railroad work, then you should immediately contact a reputable FELA lawyer. This will allow your case to be filed within the three-year period of limitations that is usually used to file FELA claims. FELA claims are often complicated and require a lot of legal representation to ensure that they are handled properly. An experienced lawyer can guide you through the entire process and ensure that your claim is filed correctly. This is an important step in receiving the compensation you deserve after an injury or accident. State Workers' Compensation Law Workers' compensation benefits may be accessible to you if have been injured on the job or have lost loved ones because of a railway accident. These benefits are available to cover medical expenses, rehabilitation, retraining, and two-thirds of lost earnings. But, you are also able to file a lawsuit against an employer under the Federal Employers' Liability Act (FELA). FELA is a fault-based statute. This means that you don't have to prove negligence of another person to receive compensation. This standard is far lower than in a typical personal injury case, in which you have to show that another party was negligent using the preponderance of evidence. Railroad workers also are granted FELA access to a wider range of damages than what they can obtain through the workers' comp system. This includes non-economic losses like mental anguish and disfigurement, permanent disabilities, and loss of enjoyment of life. A railroad can be held accountable for injuries sustained by workers if the railroad violates safety rules stipulated by the Occupational Safety and Health Administration and Locomotion Inspection Act. The FELA law streamlines the process of filing claims, and provides victims more than they would receive through workers' compensation. As a result, many railroad employees have succeeded in bringing FELA lawsuits against their employers following serious injuries. These lawsuits have included cases of chemical exposures that have caused brain damage in workers. Similar to train crashes, many workers have died in workplace accidents. Although FELA is better than workers compensation, it is important to speak with an experienced railroad injury lawyer before making a claim. These lawyers can assist you receive the justice you deserve and also the compensation you require. A claim must be filed within three years from the day that you first became aware or should have realized you were injured or the last time you visited a doctor who diagnosed you with it. It is also important to contact an attorney from the railroad as soon as possible. Interstate Commerce Law The Constitution confers Congress the power to regulate “commerce across the various States.” This includes the transportation of money, goods and services across state boundaries. This power has been interpreted by courts in many different ways. The most important issue is what work is included in “commerce.” In order for a railroad to be at risk for injury workers must be involved in interstate commerce. There are exceptions to this rule. Railroad employees may be involved in intrastate commerce in the context of the larger plan for interstate commerce. The Interstate Commerce Law can regulate the employee in this scenario. In 1887, Congress passed the Interstate Commerce Act which was a law that applied the Constitution's “Commerce Clause.” This law made it possible for the first federal commission to regulate railroads. It required railroads to publish their rates and prohibit rebates for high-volume users. It made it illegal for railroads to charge higher rates for short hauls in comparison to long hauls. It is important to note that this law was passed in response to years of public pressure for better railroad regulation. In the midst of this, farmers and small businesses protested unfair rates and discrimination imposed on them by the railroads. These complaints led to the adoption of the Interstate Commerce Act. The law established the Interstate Commerce Commission, a five-member board of enforcers that was the first federal regulatory body. It also created a new process for hearing cases and decide issues. This commission is able to decide on buses, truck lines, and railroads. The ICC can also decide if an organization is permitted to operate in a particular area. These laws protect the environment and consumers from hazardous situations. They also ensure that companies are held responsible for any injuries. The Interstate Commerce Act can hold railroads liable for injuries caused by unsafe equipment or procedures. The courts can award damages to victims of railroad accidents as well as their families. One of the most commonly cited railroad injuries claims is the one of wrongful death. In this scenario the family of the victim must prove that a railroad caused the death of their loved ones because of negligence. This isn't easy, but it is possible for a lawyer out the reason behind the death and pursue a lawsuit against the railroad company. Mediation If you're railroad employee and were injured on the job You may be entitled to compensation for your injuries. This can include workers' compensation, disability benefits, and/or a personal injury lawsuit. It is important to understand your rights and how to be eligible for these benefits. A Long Island worker's compensation attorney can assist you with the complexities of law. One method to get an acceptable outcome in your railroad-related injury claim is to use mediation. Mediation is a neutral third person acting as mediator. The mediator assists in facilitating an open and honest discussion of the issues. They also encourage you to think outside the box to discover other solutions that might be better for you. Mediation is often quicker, more cost-effective, and less formal than litigation. It is also focused on the underlying issues and less focused on narrow legal questions of whether someone was “right” or “wrong.” The mediator usually talks with all parties in a joint session to explain the process, the people in the room, and to sign a confidentiality agreement. Each party has the opportunity to present an opening statement and to respond to that statement. This phase typically lasts between 30 to 60 minutes, based on how serious the dispute is and whether each side is willing to speak up. The mediator may discuss the financial consequences of the dispute, as well as other possible settlement options. Second, the mediator will ask each party to provide an account of the conflict and its impact on their lives, including financial and emotional issues. The mediator asks each side to respond to each other's assertions directly however, she does not permit interrupting. The mediator facilitates the process and helps the parties work together to find an agreement that is mutually acceptable to their issues. It is important to remember that the mediator can't make any decisions, and that the parties have complete decision-making authority throughout the mediation process. They may also refuse any proposed settlement offer should they believe it's unfair or unjust.