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Railroad Injuries Law An attorney who is familiar with the intricate laws surrounding railroad accidents will be able to help you if you are injured. They can explain the rules and gather the evidence needed to pursue negligent employers for compensation in federal or state courts across the nation. Under the Federal Employers' Liability Act (FELA) railroad companies have a duty to ensure that their employees have a reasonably safe workplace. They must ensure safety, conduct inspections and train, as well as supervise their employees, refrain from making unreasonable demands and create an environment that is safe. Federal Employers' Liability Act (FELA) The Federal Employers' Liability Act (FELA) was enacted to protect the rights of railroad workers who are injured or diagnosed with certain diseases because of exposure to dangerous substances in the workplace. The law also permits employees to sue their employers for damages in monetary terms that are not available through state or workers' compensation laws. FELA was created in response to the dangerous environment created by railroads during America's expansion westward in the 19th century. At the time, railroads did not take the time to ensure that their employees were safe. These employees were exposed to unsafe working conditions that could have left them with serious injuries or even death. Since FELA was established during this time the law has special provisions that can help you obtain the compensation that you are entitled to. These include: You may be eligible for an FELA case for many different injuries. This includes: One of the most popular kinds of railroad-related injuries is one that is caused by repetitive trauma. These are injuries that don't occur in one accident but rather arise from the repeated use by employees of tools and equipment over an extended period of time. These injuries can lead to permanent physical injury and disfigurement which can be extremely severe. These injuries can lead to permanent medical problems that could impact the employee's quality-of-life. The FELA also protects railroad employees who have been diagnosed with certain occupational diseases such as mesothelioma and lung cancer. These diseases can be caused through exposure to harmful substances such as asbestos or diesel exhaust. If you suspect you suffer from an occupational disease and it is linked in any way to railroad work, it is recommended that you immediately consult a licensed FELA lawyer. This will allow your claim to be filed within the three year statute of limitations that is usually applied to FELA claims. FELA claims can be complicated and require a substantial legal representation. An experienced lawyer can assist you throughout the process and ensure that your claim is filed correctly. This can be an extremely crucial step in obtaining the compensation you require to get your life back on track after an accident or illness. State Workers' Compensation Law Workers' compensation benefits may be yours if you have been hurt on the job or have lost someone you love due to a railroad accident. These benefits can be used to cover medical expenses rehabilitation, retraining, and two-thirds of the lost earnings. You can also sue your employer under the Federal Employers' Liability Act. FELA is a fault-based law. This means that you don't need to prove negligence of another party in order to recover compensation. The standard is lower than in a standard personal injury lawsuit, where you have to show that another party was negligent using the preponderance of the evidence. Railroad workers also are also granted FELA access to a wider spectrum of damages than they are entitled to through the workers' comp system. This includes non-economic damages such as pain, suffering, mental distress and disfigurement, as well as permanent impairments, and loss of enjoyment of life. Railroads can also be held responsible for injuries sustained by workers if the railroad does not comply with safety guidelines stipulated by the Occupational Safety and Health Administration and Locomotion Inspection Act. The FELA law streamlines the procedure for filing claims, and allows victims to receive more compensation than they could through the workers' compensation system. As a result, many railroad employees have succeeded in filing FELA lawsuits against their employers following serious injuries. These lawsuits have also included cases of exposure to chemicals that caused brain damage in employees. Similar to the case of train accidents, a lot of workers have died due to workplace accidents. While FELA is better for workers compensate, it's important to speak with an experienced railroad injury lawyer prior to deciding to start a lawsuit. They can assist you to receive the justice you deserve and the compensation you need. You must make a claim within three years from the time you were aware or been aware that you were injured, or the date you last saw an expert doctor who diagnosed your injury. You should also 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 different States. This includes transportation of goods, services and money across state lines. The courts have applied this power in different ways. The most important question is what is considered to be “commerce.” In order for a railroad company to be at risk for injury workers must be involved in interstate commerce. However, there are some exceptions to this rule. A railroad employee could be involved in intrastate commerce as part an interstate business plan. The Interstate Commerce Law can regulate the employee in this scenario. In 1887, Congress passed the Interstate Commerce Act that enacted the Constitution's “Commerce Clause.” This law created the first federal commission to regulate railroads. It required railroads to disclose their rates, and also prohibited rebates for high-volume users. It also made it illegal to charge higher rates for shorter hauls than for long ones. It is important that you be aware that this law was enacted to address the long-standing public demand for better railroad regulation. In the years prior to this, small businesses as well as farmers protested unfair rates and discrimination by railroads. The Interstate Commerce Act was passed in response to these complaints. The law created the Interstate Commerce Commission, a five member board of enforcement. It was the first federal regulatory body. The law also created a new procedure for hearing cases and decide on issues. The ICC is the authority for buses, truck lines, and railroads. In addition the ICC can make decisions about whether or whether to allow an organization to operate within a specific area. These laws protect the consumer and the environment from harmful situations. They also ensure that businesses are accountable for injuries. The Interstate Commerce Act can hold railroads liable for injuries caused due to defective equipment or unsound methods. The courts may award damages to the victims of accidents caused by railroads, as well as to their families. Wrongful death is one of the most commonly reported railroad injuries claims. In this situation, the victim's family must prove that a railroad was the cause of the death of their loved ones because of negligence. It is a difficult task, but it is possible for a lawyer to find out the reason behind the death and pursue an action against the railroad company. Mediation If you are railway worker and you were injured on the job, you may be entitled to compensation for your injuries. This could include workers' compensation, disability insurance or a personal injury claim. It is important to understand your rights and how you can claim these benefits. A Long Island worker's compensation attorney can assist you in navigating the legal maze. One way to ensure a positive outcome in your railroad accident claim is through mediation. The process involves an neutral third party who acts as mediator who is neutral. The mediator facilitates open, and honest discussions about the issues and helps you think outside the box to explore different options that could be more suitable for you. The mediation process is often more prompt, inexpensive and less formal than litigation. Mediation is more focused on basic issues than on legal issues such as who was right or wrong. The mediator usually has each party attend a group session to explain the process, to the people present and to sign a confidentiality agreement. Then each party is given the chance to make an opening statement that is brief and the chance to respond to that statement. This process usually lasts between 30 to 60 minutes, contingent on the severity of the dispute and if each side is willing to be honest. The mediator will be able to discuss the financial consequences of the dispute as well as other options for settlement. The mediator then asks each party to describe the dispute and how it has impacted their lives, including financial, emotional and financial issues. The mediator asks each side to respond to the other's comments directly however, she does not permit interruptions. The mediator facilitates the process and assists the parties to come to an agreement on their issues. The mediator cannot make any decisions, and the parties have full right to make decisions throughout the mediation process. They can also reject any settlement offer should they believe it's not fair or fair.