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Railroad Injuries Law If you have been injured in a train accident, you must seek out an attorney who understands the intricate laws that govern these types of lawsuits. They can help you understand the relevant regulations, gather evidence that is needed, and take on negligent employers for compensation in state or federal courts across the nation. Under the Federal Employers' Liability Act (FELA) railroad companies have a duty to offer their employees an acceptable and safe work environment. They must ensure their employees' safety, conduct inspections and train and supervise and refrain from making unreasonable demands and provide the safety of their employees. Federal Employers Liability Act, (FELA). The Federal Employers' Liability Act (FELA) was passed to defend the rights of railroad employees who are injured or diagnosed with certain illnesses due to their exposure to hazardous materials in the workplace. Employers can sue employees for damages that are monetary, and are not covered by workers compensation laws or state laws. FELA was established as a response to the risky environment that railroads created during America's expansion westward in the 19th century. Railroads did not consider safety a priority back then. They were subjected to hazardous working conditions that could leave them with severe injuries and even death. Because FELA was in the period of its creation it has unique provisions that can help you receive the compensation you're entitled to. These include: There are a myriad of types of injuries that could lead to you being eligible for a FELA claim. This includes: Repetitive trauma is one of the most prevalent types. These are injuries that don't occur in one single incident but are a result of an employee's frequent use of tools and equipment over an extended period of time. These injuries can cause permanent physical injuries and disfigurement that can be grave. They can lead to chronic medical conditions that can affect the quality of life for the employee. Additionally the FELA protects railroad employees who are diagnosed with certain occupational illnesses such as mesothelioma or lung cancer. These diseases can be caused by long-term exposure to toxic substances like asbestos or diesel exhaust. If you've been diagnosed with an occupational disease and believe it's related to your railroad work it is important to speak with a licensed FELA attorney immediately. This will allow you to file your claim within the timeframe of three years of limitations that is usually applied for FELA claims. FELA claims can be very complex and require a substantial legal representation. An experienced lawyer will be able to guide you through the entire process and ensure that your claim is filed correctly. This is an important step in obtaining the money you deserve following an accident or illness. State Workers' Compensation Law Workers' compensation benefits might be available to you if have suffered injuries while working or lost someone you love due to a railroad accident. These benefits are designed to provide money for medical costs and two-thirds of lost wages, and rehabilitation and retraining. However, you can also file a lawsuit against an employer under the Federal Employers' Liability Act (FELA). FELA is a fault-based law. This means that you don't have to prove negligence on the part of another party in order to recover compensation. This is much less than in a typical personal injury case, in which you must prove that the other party was negligent by the preponderance of the evidence. FELA also offers railroad employees an array of damages that is greater in comparison to what they can receive through the workers compensation system. This includes non-economic damages like pain and suffering, mental anguish, disfigurement, permanent disability, and loss of enjoyment of life. Additionally that, a railroad may be held responsible for a worker's injuries if the company violated safety regulations that are enforced by the Occupational Safety and Health Administration (OSHA) and Locomotion Inspection Act (LIA). The FELA law simplifies the process of filing claims, and provides victims more than they would receive through workers compensation. Many railroad workers have had success in filing FELA suits against their employers after suffering severe injuries. These lawsuits have also included cases of exposure to chemicals that caused brain damage among workers. In addition, there have been numerous deaths from collisions with trains and other workplace accidents. While FELA is better for workers compensation, it is important to consult an experienced railroad injury lawyer before you file a lawsuit. These attorneys can help you receive the justice you deserve, as well as the compensation you require. You must file a claim within 3 years from the date you discovered or known that you were injured or the date that you last visited a doctor who diagnosed the injury. It is also important to seek out an attorney from the railroad as quickly as possible. Interstate Commerce Law The Constitution confers on Congress the power to regulate commerce between the different States. This includes the transportation of goods, services and money across state lines. This power has been interpreted by the courts in various ways. The most important thing is the work that is covered under “commerce”. In general, a worker must be in interstate commerce in order for the railroad to have liability for injuries. There are some exceptions to this law. A railroad employee might be involved in intrastate commerce in the context of an overall interstate business plan. The Interstate Commerce Law can regulate the employee in this scenario. Congress approved the Interstate Commerce Act in 1887. This law applied the Constitution's Commerce Clause. It allowed the first federal commission of regulation to railroads. It required railroads to disclose their rates and banned rebates for customers with high volumes. It made it illegal for railroads to charge higher prices for short hauls as opposed to long hauls. It is important to note that this law was enacted in response to years of public pressure for better railroad regulation. At the time small-scale businesses as well farmers protested against unfair rates and discrimination from railroads. The Interstate Commerce Act was passed in response to these complaints. The law established the Interstate Commerce Commission, a five-member board of enforcement. It was the first regulatory body of the federal government. It created a new process for hearing cases and deciding issues. This commission is able to decide on bus lines, trucking, and railroads. The ICC can decide whether or not the company is allowed to operate within a specific zone. These laws help protect the consumer and the environment from harmful situations. They also ensure that companies are held accountable for any injuries. Railroads are liable under the Interstate Commerce Act for injuries caused by defective equipment or unsafe methods. The courts can award damages to victims of railroad accidents as well as their families. Wrongful death is among the most common railroad injuries claims. In this case the loved ones of the victim must prove that negligence on the part of a railroad caused the death of their loved ones. Although this isn't easy to prove, a lawyer can determine the cause of death and make a claim against railroad companies. Mediation Railroad workers could be qualified for compensation if they get injured on the job. This could include workers' compensation, disability compensation or a personal injury claim. It is crucial to know what your rights are and how to seek these benefits. A Long Island worker's compensation attorney can assist you in navigating the complex area of law. One way to obtain a positive outcome in your railroad accident claim is to use mediation. The process involves an impartial third party who acts as an impartial mediator. The mediator encourages open, candid discussion about the issues, and assists you think outside of the box to explore different options that could be more favorable for you. Mediation is often faster, more cost-effective and less formal than litigation. It is also focused on underlying issues and less focused on specific legal issues of whether a person was “right” or “wrong.” The mediator usually will meet with each of the parties in the course of a group meeting to explain the process, the people present, and to sign an agreement on confidentiality. Each party is then given the opportunity to present an opening statement and then to respond to that statement. This process usually lasts between 30 and 60 minutes, based on the severity of the dispute and whether each side is willing to speak up. The mediator is able to discuss financial consequences of the dispute as well as other options for settlement. Second, the mediator will ask each party to provide an explanation of the conflict and its impact on their lives as well as emotional and financial issues. He or she also invites the parties to respond directly to each other's claims however, the mediator will not allow interruptions. The mediator assists in the process, helping the parties collaborate to come up an agreement to their issues. It is important to keep in mind that the mediator can't make any decision, and that the parties retain full control of their decisions throughout the mediation process. If they feel that the offer is unfair or unjust, they are able to choose to decline the offer.