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Railroad Injuries Law An attorney who is familiar with the complicated laws governing railroad accidents will be in a position to assist you if you're injured. They can explain the regulations and gather the evidence needed to bring a lawsuit against negligent employers in federal or state courts across the country. Under the Federal Employers' Liability Act (FELA) railroad companies are required to provide their employees with a reasonably safe workplace. They are required to provide safety, conduct inspections and train and supervise employees and refrain from making unreasonable demands and create an environment that is safe for employees. AccidentInjuryLawyers , (FELA). The Federal Employers' Liability Act (FELA) was passed to defend the rights of railroad employees who are injured or diagnosed with certain illnesses because of exposure to hazardous materials in the workplace. The law also allows workers to sue their employer for monetary damages that are not covered by workers' compensation or state laws. FELA was established in response to the dangerous environment railroads created during America's westward expansion in the 19th Century. Back then, railroads didn't do enough to ensure their employees were safe. These employees were exposed to unsafe working conditions that could have left them with devastating injuries and even death. Because FELA was created during this period it has unique provisions that could help you get the compensation you are entitled to. These include: You may be eligible for an FELA case for many different injuries. This includes: Repetitive trauma is among the most prevalent types. These injuries are not caused by an accident, but rather are the result of repetitive use of tools and equipment over a long period of time. These injuries are particularly dangerous because they can result in permanent physical injuries and disfigurement. These injuries could cause permanent medical conditions that could impact the employee's quality-of-life. Furthermore the FELA protects railroad employees who have been diagnosed with occupational illnesses such as lung cancer or mesothelioma. These diseases can result from in the long run by exposure to toxic substances , such as asbestos or diesel exhaust. If you have been diagnosed with an occupational disease and believe it's due to your work at the railroad, you should contact a licensed FELA attorney immediately. This will allow you to file your claim within the three-year period of limitations which is typically used to file FELA claims. FELA claims are often complex and require extensive legal assistance to properly manage. The right lawyer can help you through the entire process and ensure that your claim is filed in the correct manner. This is an crucial step to receive the compensation you require to get your life back on track following an accident or illness. State Workers' Compensation Law If you've been injured at work or lost loved ones in a railroad accident you could be eligible submit a claim to claim workers' compensation benefits. These benefits are meant to pay for medical expenses in the form of two-thirds of lost earnings, and rehabilitation and retraining. You may also sue your employer under the Federal Employers' Liability Act. FELA is a law based on fault meaning that you have to prove that someone was negligent to be awarded compensation. This standard is lower than in personal injury cases where you must prove that the other party was negligent by the preponderance of evidence. Railroad workers also benefit from FELA access to a larger range of damages than they are entitled to through the workers' compensation system. This includes non-economic damages , such as suffering, mental disfigurement and anguish, permanent disabilities, and loss enjoyment of life. Railroads can be held accountable for worker injuries if it violates safety rules established by the Occupational Safety and Health Administration and Locomotion Inspection Act. The FELA law simplifies the process of filing claims, and provides victims to receive more than they receive through workers' compensation. In the end, a lot of railroad employees have had success in bringing FELA lawsuits against their employers after suffering serious injuries. These cases have included cases of chemical exposure that caused brain damage. Similar to train collisions, many workers have died due to workplace accidents. While FELA is superior to workers compensation, it's essential to speak with a knowledgeable railroad injury lawyer before making a claim. These lawyers can help you receive the justice you need. You must file a claim within three years of the day you realized or should have realized that you had been injured or the date that you last visited the doctor who diagnosed your injury. Also, you must seek out an attorney from the railroad as quickly as possible. Interstate Commerce Law The Constitution gives Congress the power to regulate “commerce across the many States.” This includes the transportation of goods, services and money across state lines. This power has been interpreted by the courts in a variety of ways. The most important issue is what work is included in “commerce.” In general, a worker must be working in interstate commerce for railroads to be held liable for injury. However, there are some exceptions to this rule. For example an employee of a railroad may be engaged in intrastate commerce as part of an interstate business plan. In this instance the employee is restricted by the Interstate Commerce Law. In 1887, Congress passed the Interstate Commerce Act which incorporated the Constitution's “Commerce Clause.” This law created the first federal commission to regulate railroads. The law required railroads publish their rates and banned rebates for users who use their services in high volumes. It made it illegal for railroads to charge higher rates for short hauls, compared to long hauls. It is important to take note that the law was enacted to address years of public need for better regulation of railroads. At the time, farmers and small-scale businesses protested against unfair rates and discrimination against them by the railroads. These complaints led to passage of the Interstate Commerce Act. The law established the Interstate Commerce Commission, a five-member board of enforcement. It was the first regulatory body of the federal government. It was the first time a process was created for hearing cases and deciding issues. The ICC is responsible for bus lines, railroads and trucking. Additionally, the ICC can make decisions regarding whether or not to permit companies to operate in a certain area. These laws protect consumers and the environment from dangers. They also make sure that companies are held responsible for any injuries. The Interstate Commerce Act can hold railroads accountable for injuries resulting due to defective equipment or unsound procedures. The courts can award compensation to the victims of accidents caused by the railroad as well as to their families. One of the most popular railroad injury claims is the claim of the wrongful death claim. In this case the loved ones of the victim have to prove that negligence by railroads caused their loved ones' death. It is a difficult task, but it is possible for a lawyer out the reason for the death and pursue an action against the railroad company. Mediation If you are railroad employee and have been injured while on the job you could be eligible to compensation for your injuries. This could include workers' compensation, disability benefits and/or a personal injuries claim. It is crucial to understand your rights and the best way to be eligible for these benefits. A knowledgeable Long Island workers' compensation attorney can assist you in navigating this confusing area of law. One way to ensure a positive outcome in your railroad injury claim is to use mediation. Mediation involves an impartial third person acting as mediator. The mediator encourages openand honest discussion about the issues and encourages you think outside of the box and explore different options that could be more favorable for you. The mediation process is generally faster, cheaper and less formal than litigation. Mediation is more focused on the root issues rather than on narrow legal issues such as who was right or wrong. First, the mediator typically talks with all parties in a joint meeting to explain the process, the participants in the room, and to sign a confidentiality agreement. Each party is then given the chance to make an opening statement in a short manner and the chance to respond to that statement. This phase typically lasts between 30 and 60 minutes, depending on how serious the dispute is and whether both sides are willing to be direct. The mediator can discuss the financial consequences of the dispute as well as other possibilities for settlement. The mediator then requires each party to provide an explanation of the dispute and its impact on their lives, including financial and emotional issues. He or she also asks the parties to directly respond to each other's remarks although the mediator is not in a position to encourage interruptions. The mediator facilitates the process and assists the parties work together to find an acceptable solution for their problems. It is important to keep in mind that the mediator is not able to impose any kind of decision, and the parties retain complete decision-making authority throughout the mediation process. If they believe the offer is unfair or unjust, they can reject it.