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Railroad Injuries Law If you have been injured in a train accident, you should consult an attorney who is familiar with the complex laws involved in these kinds of cases. They can help you understand the relevant regulations, collect evidence that is needed, and seek compensation from negligent employers in state or federal courts across the nation. Railroad companies must ensure a safe and secure work environment for their employees in accordance with the Federal Employers' Liability Act. They must ensure their employees' safety, conduct inspections, train and supervise and refrain from making unreasonable demands and create the safety of their employees. Federal Employers Liability Act (FELA) The Federal Employers' Liability Act (FELA) was passed to protect the rights of railroad employees who suffer injuries or are diagnosed with certain diseases due to their exposure to dangerous substances in the workplace. The law also allows workers to sue their employers for monetary damages that are not covered under state or workers' compensation laws. FELA was established in response to the risky environment railroads created during America's westward expansion in the 19th century. Back then, railroads didn't do enough to ensure their employees' safety was a priority. They were exposed to dangerous work conditions that could result in fatal injuries or even death. Because FELA was developed during this time the law has special provisions that can help you receive the compensation you're entitled to. These include: You could be eligible for an FELA case for a variety of injuries. These include: One of the most popular kinds of railroad injuries is one that is caused by repetitive trauma. These are injuries that don't occur as a result of a single accident but rather arise from an employee's repeated use of equipment and tools for a prolonged period of time. These injuries can cause permanent physical injuries and disfigurement which can be extremely dangerous. They can also cause permanent medical problems that impact the quality of life of the employee. The FELA also protects railroad workers who have been diagnosed with occupational diseases , such as mesothelioma or lung cancer. These illnesses can be caused by prolonged exposure to toxic substances such as diesel exhaust or asbestos. If you've been diagnosed with an occupational disease and believe that it is connected to your work in the railroad, you should contact an experienced FELA attorney immediately. This will allow your claim to be filed within the 3-year statute of limitations that is usually applied to FELA claims. FELA claims can be complex and require extensive legal counsel to handle. An experienced lawyer will be able to help you through the entire process and ensure that your claim is submitted correctly. This is an important step to get the amount of compensation you need to get your life back on track after an accident or illness. State Workers' Compensation Law Workers' compensation insurance may be available to you if you have suffered injuries at work or lost a loved one in a train accident. These benefits can be used to pay for medical expenses rehabilitation, retraining, and two-thirds of lost earnings. However, you may also make a claim against your employer under the Federal Employers' Liability Act (FELA). FELA is a fault-based law, which means that you only have to prove that somebody else was negligent in order to receive compensation. This standard is far lower than in a regular personal injury case, where you have to show that another party was negligent by the preponderance evidence. Railroad workers also are also granted FELA access to a greater range of damages than they have access to through the workers' comp system. This includes non-economic damages such as pain and suffering mental anguish, disfigurement, permanent disability, and loss of enjoyment of life. Additionally that, a railroad may be held liable for worker's injuries if the company violated safety laws that are enforced by the Occupational Safety and Health Administration (OSHA) and the Locomotion Inspection Act (LIA). The FELA law simplifies the process of filing claims and allows victims to receive more than they receive through workers compensation. Many railroad workers have had success in filing FELA suits against their employers after suffering severe injuries. railroad lawyers near me have included cases of exposure to chemicals that caused brain damage among employees. Similarly, there have been a number of deaths resulting from collisions with trains and other workplace accidents. While FELA is superior to workers compensation, it's essential to speak with a knowledgeable railroad injury lawyer before filing a lawsuit. These lawyers can help you receive the justice you deserve, as well as the compensation you need. You must file a claim within three years of the date you knew or should have suspected that you were injured or the date that you last saw a doctor who diagnosed the injury. Also, you must get in touch with an attorney from the railroad as quickly as possible. Interstate Commerce Law The Constitution grants Congress the power to regulate “commerce between the different States.” This includes the transportation of money, goods and services across state boundaries. The courts have been able to interpret this power in various ways. The most important thing is what is covered under “commerce”. In order for a railroad company to be accountable for injuries workers, they must engage in interstate commerce. There are exceptions to this rule. A railroad employee could be involved in intrastate commerce in the context of a larger interstate business plan. In this situation the employee could be controlled by the Interstate Commerce Law. In 1887, Congress passed the Interstate Commerce Act, which applied the Constitution's “Commerce Clause.” This law made it possible for the first federal commission to regulate railroads. It required railroads to announce their rates and prohibit rebates for users who use their services in high volumes. It also made it illegal to charge higher rates for shorter transports than for longer ones. It is important to note that this law was enacted to address years of public demand for better regulation of railroads. During this time small businesses as well farmers protested against unfair rates and discrimination by 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 federal regulatory body. It also established a new process to hear cases and resolve issues. This commission is accountable for bus lines, railroads and trucking. The ICC can also decide whether or not an organization is permitted to operate within a specific zone. These laws protect the environment and consumers from hazardous situations. They also ensure that companies are held accountable for any injuries. Railroads are responsible under the Interstate Commerce Act for injuries caused by defective equipment or unsafe methods. The courts may award damages to victims of accidents caused by railroads and also to their families. One of the most commonly cited railroad injuries claims is the one of wrongful death. In this instance the family of the victim has to prove that a railroad caused the death of their loved ones due to negligence. While this can be difficult, a lawyer can help determine the cause of death and bring a lawsuit against railroad companies. Mediation If you are a railroad worker and were injured while working You may be entitled to compensation for your injuries. This could include workers' compensation, disability benefits, and/or a personal injury claim. It is crucial to know your rights and how to obtain these benefits. A Long Island worker's compensation attorney can assist you with the complex area of law. Mediation is a means to ensure a positive outcome in your railroad injury case. Mediation is a neutral third party acting as mediator. The mediator encourages open, dialogue about the issues and helps you think outside of the box to consider alternative solutions that might be more favorable for you. Mediation is often quicker, more cost-effective, and less formal than litigation. It also focuses on the underlying issues and less focused on specific legal issues of whether someone was “right” or “wrong.” First, the mediator usually meets with each party in a joint session to describe the process, people in the room and to sign a confidentiality document. Each party has the opportunity to present a brief opening statement, and then respond to that statement. This process can take anywhere from a few minutes to an hour, based on the nature of the dispute and if the parties are willing to be direct. The mediator can also discuss the financial consequences of the dispute as well as other settlement options. Second, the mediator will ask each party to provide details of the dispute and its impact on their lives which includes emotional and financial issues. He or she also invites the parties to directly respond to each other's statements, though the mediator does not encourage interrupting. The mediator facilitates the process and helps participants work together to find an acceptable solution for their issues. The mediator has no power to make decisions, but the parties have complete control of the decision-making process. If they feel that the offer is unfair or unjust, they are able to choose to decline it.