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Railroad Injuries Law If you've been injured in a train accident, you require an attorney who is familiar with the complex laws involved in these types of claims. They can help you understand the relevant regulations, collect the necessary evidence, and then pursue negligent employers for compensation in state or federal courts across the nation. Railroad companies are required to provide a safe workplace for their employees in accordance with the Federal Employers' Liability Act. They must ensure their employees' safety and conduct inspections, train and supervise, refrain from making unreasonable demands and provide an environment that is safe. Federal Employers' Liability Act (FELA) The Federal Employers' Liability Act (FELA) was passed to ensure the rights of railroad employees who are injured or diagnosed with certain diseases due to their exposure to hazardous substances in the workplace. Employers can sue employees for damages in cash, which are not covered by workers' compensation or state laws. FELA was established as a response to the risky environment created by railroads as America expanded westward in the 19th century. Railroads didn't make safety a priority in the past. These employees were exposed to hazardous working conditions that could leave them with devastating injuries and even death. Because FELA was developed at this time, it has some unique provisions that may assist you in obtaining 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: One of the most popular types of railroad injury cases is one that results from repetitive trauma. These are injuries that do not occur in one single incident but rather arise from the use of equipment and tools over a long time. These injuries can cause permanent physical injury and disfigurement that can be grave. They can even lead to long-term medical issues that impact the quality of life for the employee. The FELA also protects railroad workers who have been diagnosed with occupational illnesses such as mesothelioma, or lung cancer. These diseases can be caused through exposure to toxic substances , such as asbestos or diesel exhaust. If you believe you have an occupational disease and it is in any way to railroad work, you should immediately contact a reputable FELA lawyer. This will allow you to file your case within the three year statute of limitations which is typically used to file FELA claims. FELA claims are typically complex and require extensive legal representation to ensure that they are handled properly. An experienced lawyer will be able to help you through the entire process and ensure that your claim is properly filed. This is an important step in obtaining the amount you are due following an accident or illness. State Workers' Compensation Law Workers' compensation insurance may be available to you if have suffered injuries at work or lost loved ones due to a railroad accident. These benefits are intended to help pay for medical expenses and two-thirds of lost wages and rehabilitation and retraining. You may also sue your employer under the Federal Employers' Liability Act. FELA is a fault-based law, which means that you must prove that someone was negligent to receive compensation. This standard is far lower than in a standard personal injury case, in which you have to show that someone else was negligent by a preponderance of the evidence. Railroad workers also are granted FELA access to a larger range of damages than they can get through the workers' compensation system. This includes non-economic damages like suffering, pain, mental distress and disfigurement, as well as permanent disabilities, as well as loss of enjoyment of life. A railroad may be held accountable for injuries sustained by workers if the railroad does not comply with safety guidelines set forth by the Occupational Safety and Health Administration and the Locomotion Inspection Act. The FELA law simplifies the process of filing claims and allows victims more than they would receive through workers' compensation. In the end, a lot of railroad workers have been successful in filing FELA lawsuits against their employers following serious injuries. These lawsuits have involved chemical exposures that have caused brain damage among workers. Similarly, there have been a number of deaths resulting from collisions with trains and other accidents at work. While FELA is better than workers compensation, it is important to consult with a seasoned railroad injury lawyer before making a claim. These attorneys can help you get the justice that you deserve, as well as the compensation you need. You must submit a claim within three years from the date you were aware or suspected that you were injured or the time you last visited a doctor who diagnosed the injury. Additionally, you should seek the assistance of an attorney from the railroad as soon as you can. Interstate Commerce Law The Constitution confers Congress the power to regulate “commerce across the many States.” This includes the transportation of goods, services and money across state boundaries. This power has been interpreted by courts in a variety of ways. The most important aspect is what is covered under “commerce”. For a railroad to be liable for injury workers must be involved in interstate commerce. There are some exceptions to this rule. Railroad employees may be involved in intrastate commerce as a part of the larger plan for interstate commerce. In this situation the employee could be controlled by the Interstate Commerce Law. Congress approved the Interstate Commerce Act in 1887. The law was based on the Constitution's Commerce Clause. It allowed the first federal commission of regulation for railroads. Railroads were required to announce their rates and prohibited rebates to high-volume users. It also made it illegal to charge higher rates for short journeys than those for longer ones. It is important to know that this law was passed in response to years of public pressure for better railroad regulation. At the time, small businesses and farmers protested against unfair rates as well as discrimination against them from the railroads. The Interstate Commerce Act was passed in response to these complaints. The law created the Interstate Commerce Commission, a five-member enforcement board that was the first federal regulatory body. It created a new process for hearing cases and deciding issues. This commission has authority over trucking, bus lines, and railroads. The ICC can decide whether or not a company is allowed to operate in a specific region. These laws protect the consumer and the environment from dangerous situations. They also make sure that companies are held responsible for any injuries. The Interstate Commerce Act can hold railroads responsible for injuries that occur due to inadequate equipment or unsafe procedures. The courts may award compensation to victims of railroad accidents and their families. The wrongful death claim is among the most frequent railroad injury claims. In this scenario the family of the victim needs to prove that a railroad was the cause of the death of their loved ones due to negligence. While this may be difficult for a lawyer, they can determine the cause of death and pursue a lawsuit against railroad companies. Mediation Railroad workers may be eligible 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 understand your rights and ways to obtain these benefits. A Long Island worker's compensation attorney can guide you through the complexities 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 acting as a neutral facilitator. The mediator encourages open and honest discussion of the issues. They also encourage you to think outside the box and find alternative solutions that might be better for you. Mediation is typically quicker, less expensive and less formal than litigation. It also focuses on the fundamental issues, and not on the narrow legal questions of whether a person was “right” or “wrong.” The mediator usually meets with each party in an informal meeting to discuss the process, the participants present, and to sign the confidentiality agreement. Each party has the opportunity to make a brief opening statement, and then to respond to that statement. The process typically takes a few minutes to an hour, depending on the extent of the dispute and if each party is willing to be very direct. The mediator will be able to discuss the financial implications of the dispute and other settlement options. The mediator then asks each of the parties to explain the issue and how it has impacted their lives, including financial, emotional, and financial issues. The mediator encourages both parties to respond to each other's assertions directly however, she does not permit interrupting. The mediator assists in the process and helps the participants work together to find an agreement on their issues. It is important to keep in mind that the mediator isn't able to make any kind of decision, and the parties maintain complete decision-making rights throughout the mediation process. If they feel the offer is unfair or unfair, they may decide to reject the offer.