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Railroad Injuries Law If youve been injured in a railroad accident you should consult an attorney who is familiar with the complicated laws involved in these types of lawsuits They can help you understand the relevant regulations gather the necessary evidence and then take on negligent employers for compensation in federal or state courts across the country Under the Federal Employers Liability Act FELA railroad companies have a duty to ensure that their employees have an adequate and safe working environment They must enforce safety rules as well as conduct inspections provide training and supervision and refrain from making unreasonable demands of workers and provide a safe environment Federal Employers Liability Act FELA Federal Employers Liability Act FELA was created to protect railroad workers who get injured or suffer from certain diseases from exposure to hazardous materials at work Workers may sue their employers for damages in the form of money which are not covered under workers compensation laws or state laws FELA was founded in response to the dangerous environment that railroads created during Americas expansion westward in the 19th century At the time railroads did not do enough to ensure their employees safety was a priority They were subjected to unsafe working conditions that could have left them with catastrophic injuries and even death Because FELA was developed during this time it has certain unique provisions that could aid you in recovering the compensation you are entitled to These include There are many different types of injuries that could lead to you being eligible to file an FELA claim These include Repetitive trauma is among the most common types These are injuries that dont occur in one single incident but rather are the result of the repeated use by employees of tools and equipment over an extended period of time These injuries can be particularly grave because they could cause permanent physical injuries and disfigurement These injuries can result in permanent medical problems that could affect the quality of life of the employee Additionally the FELA protects railroad employees who are diagnosed with certain occupational diseases such as mesothelioma or lung cancer These illnesses can be caused by prolonged exposure to toxic substances such as asbestos or diesel exhaust If you suspect you suffer from an occupational disease and that it is in any way to railroad work you must immediately contact a qualified FELA lawyer This will allow your case to be filed within the 3year statute of limitations which is usually applied for FELA claims FELA claims are often complex and require extensive legal representation to properly handle A good lawyer will help you through the entire process and ensure that your claim is submitted correctly This is an crucial step in obtaining the compensation you need to get your life back on track after an injury or accident State Workers Compensation Law Workers compensation insurance may be available to you if you have been hurt while working or lost someone you love because of a railway accident These benefits pay for medical expenses and twothirds of lost wages and rehabilitation and training You may also sue your employer under the Federal Employers Liability Act FELA is a faultbased law This means that you dont have to prove negligence by a third party to get compensation This is much less than in a regular personal injury lawsuit where you must prove that someone else was negligent using the preponderance of the evidence FELA also gives railroad workers the opportunity to claim more damages than they can get through the workers compensation system This includes noneconomic damages like suffering and pain mental anguish physical disfigurement permanent disability and loss of enjoyment In addition the railroad can be held accountable for workers injury if the company has violated safety rules that are enforced by the Occupational Safety and Health Administration OSHA and the Locomotion Inspection Act LIA The FELA law provides a streamlined procedure for filing claims It also allows victims to receive more than they would through the workers compensation system Many railroad employees have succeeded in filing FELA lawsuits against their employers after suffering severe injuries These lawsuits have included cases involving chemical exposure that led to brain damage among workers Similar to that there have also been numerous deaths from train crashes and other workplace accidents While FELA is a better option for workers compensation it is essential to speak with an experienced railroad injury lawyer before you decide to file a lawsuit These attorneys can help you get the justice you deserve as well as the compensation you need You must file a claim within three years of the day you knew or should have been aware that you were injured or the date that you last visited a doctor who diagnosed the injury In addition you must get in touch with an attorney for railroads 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 money goods and services across state lines The courts have been able to interpret this power in various ways The most important factor is the work that is covered under commerce In general a worker must be in interstate commerce for railroads to be held liable for injuries There are some exceptions to this rule A railroad employee may be involved in intrastate commerce as part of an overall interstate business plan In this situation the employee can be restricted by the Interstate Commerce Law Congress approved the Interstate Commerce Act in 1887 This law incorporated the Constitutions Commerce Clause It allowed the first federal commission of regulation to railroads It forced railroads to publicize their rates and barred discounts to customers with high volumes It also made it illegal to charge higher rates for short journeys than those for longer ones It is important that you keep in mind that this law was enacted in response to years of public need for better regulation of railroads In the midst of this farmers and smallscale businesses protested against unfair rates as well as discrimination imposed on them by the 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 established a new procedure for hearing cases and deciding on issues This commission has authority over bus lines trucking and railroads Additionally the ICC can decide whether or not to allow the operation of a business in a specific region These laws safeguard the environment and consumers from dangers They also ensure that businesses are liable for injuries The Interstate Commerce Act can hold railroads accountable for injuries by defective equipment or poor procedures The courts can award damages to victims of accidents caused by railroads as well as to their families The wrongful death claim is among the most commonly reported railroad injuries claims In this case the family members of the victim must prove that negligence by railroads caused their loved ones death Its not easy however it is possible for a lawyer to figure out the reason behind the death and to pursue an action against the railroad company Mediation If you are a railroad worker and have been injured while working you may be able to receive compensation for your injuries This can include workers compensation disability benefits or a personal injury claim It is essential to know your rights and how to claim these benefits A Long Island workers compensation attorney can assist you in navigating the complexities of law Mediation is a method to ensure a positive outcome for your railroad injury claim Mediation involves an impartial third party acting as mediator The mediator encourages openand dialogue about the issues at hand and helps you think outside the box and explore different options that could be more favorable for you Mediation can be faster more costeffective and less formal than litigation It also focuses on the issues at hand and not on the more narrow legal issues like whether someone was right or wrong The mediator typically meets with each party in the course of a group meeting to explain the process to the people present and to sign a confidentiality agreement Each party is then given the opportunity to give an opening speech and the chance to respond to the statement The process typically takes about 30 minutes to an hour based on the nature of the dispute and if each side is willing to be very direct The mediator can discuss the financial consequences of the dispute as well as other settlement options The mediator then asks the parties to describe the disagreement and how it has impacted their lives including financial emotional and financial issues The mediator encourages both parties to respond to the others remarks directly however he does not allow interruptions The mediator facilitates the process and assists the participants work together to find an agreement on their problems It is important to remember that the mediator cant make any decision and that the parties maintain complete decisionmaking rights throughout the mediation process They can also reject any proposed settlement offer when they feel its not fair or fair