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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA which protects railroad workers injured in accidents is unique Unlike workers comp statutes FELA requires employers to prove that their negligence contributed to the injury or illness of the employee FELA also covers cumulative trauma injuries which are not always caused by a particular incident David Paoli an experienced attorney is the best person to handle these claims Employers are liable Railroad workers are exposed to special dangers due the high speed of trains as well as electrical and chemical dangers Therefore the Federal Employers Liability Act FELA is designed to offer railroad employees fair compensation for injuries sustained onthejob David Paolis practice is focused on representing railroad workers injured as well as those who have the burden of cumulative trauma and injuries that occurred under FELA Contrary to the workers compensation statutes which provide compensation for workrelated injuries regardless of fault FELA is a faultbased law meaning that it requires evidence that the railroads negligence played at least some part in producing the death or injury for which damages are sought It is not easy to prove that an employees workrelated injury or illness is the result of an employers negligence The FELA requires a jury to find an inherent connection between the injury and the defendants behavior But this is a much higher standard than the one that is found under common law negligence rules A FELA lawyer with a lot of experience can analyze the evidence and determine whether there is an inherent connection The FELA includes provisions that deal with the question of risk assumption However courts have consistently ruled that a FELA case cannot be tried with the assumption doctrine of risk Railroad employers can use other common law negligence defenses even although the FELA does not allow assumption of risk defenses Employers can be accused of negligence in hiring or training employees failure to ensure equipment is safe and free from dangers and failure to warn of dangers In addition to that the FELA permits dualcapacity suits in which the employer is sued both as an employer and manufacturer of a product that causes an employee to be injured or even killed Railroads for example used asbestoscontaining products for many years As a result many employees were exposed to dangerous asbestos and suffered debilitating illnesses The FELA allows punitive damages to to nonemployees suffering an unjustlydeceased death or a debilitating injury as a result of a workrelated accident Responsibilities of Employers The Federal Employers Liability Act was approved in 1908 by Congress due to the risks associated with railroad work This law defines the obligations of employers working for a railroad that is involved in international or interstate commerce The law offers compensation to workers who have been injured as a result of their employers negligence The law also outlines certain other specific obligations of employers including providing adequate supervision and training Because of FELA and other laws governing workers compensation many who have been injured due to the negligence of their employer are able get the help they need It is crucial to remember that not all railroadrelated accidents can be considered FELA claims The law requires that employees prove that their injury or loss was the direct result of the negligence of their employer To prove this they must provide sufficient evidence of the employers negligence and they must prove that their injury was the result of the negligence It is important to note that FELA does not allow the defenses of assumption of risk or contributory negligence If an employee is found to have contributed in some way to their own injury the amount of any settlement or award will be reduced to reflect the percentage of fault they share In order to comply with FELA employers must ensure that employees are trained on how to safely operate equipment and maintain safe working conditions They must also ensure that employees receive the proper medical treatment and that injuries are reported promptly Additionally they should give enough time off to workers who are injured at work to heal FELA is an extensive law that permits railroad workers injured by injuries to receive much greater compensation than they are entitled to under a typical workers compensation case If youve been injured at work its a good idea to consult a Shreveport rail injury lawyer as soon as you can They can assist you in understanding the differences between FELA and workers compensation and can provide the assistance you need to get the maximum compensation Employers Duty of Care It is a crucial duty of employers to provide a safe workplace for their employees This is known as an employers nondelegable duty of care This duty is a common law concept that is in addition to an employers statutory obligations Employers are required to ensure a work environment that is reasonably safe and provide qualified personnel to ensure the safety of employees The responsibility of care extends beyond the workplace and includes the actions of a business in the community and internationally In a globalized society catastrophes accidents and other unforeseeable events may have a direct effect on a business This is why companies need to have disaster preparedness plans in place for every possible scenario These plans should be regularly updated It is the employers responsibility to ensure that their premises are free of dangers and that their employees are not exposed in dangerous conditions Additionally the duty of care includes an obligation to protect employees from the adverse effects of exposure to toxic substances Moreover the duty of care also includes the requirement to ensure that employees have access to medical treatment and other health care services In addition the employers duty of responsibility requires that it take actions to prevent injuries from happening in the first place This includes educating employees on how to handle dangerous materials and ensuring they are aware of the dangers they face While a duty to care is a fundamental aspect of business but it can be difficult to define Although the term is frequently used by lawyers in court but its actually a nebulous legal concept There are two kinds of duties of care ethical duties and legal obligations Ethical duties are those that stem from an individuals morality and legal obligations are those mandated by the government or enacted by law Whatever the reason for the obligation all businesses have an obligation of moral and legal to protect their employees customers and everyone else who enters their property Failure to comply with this obligation could result in grave consequences including litigation and fines Damages Every day railroad workers risk their lives to ensure trains run on time Despite all the efforts accidents do happen and FELA is the sole source of compensation for injuries sustained during work Understanding the process by which FELA claims are filed and the different types of damages that may be recovered is crucial for any railroad worker injured Although the law might seem complicated a skilled FELA attorney can provide valuable guidance in understanding the laws and filing a claim The types of damages that can be claimed under FELA include pain and suffering medical expenses as well as lost wages the possibility of loss of earnings and funeral expenses The law allows for recovering these damages when the victim can prove that they were injured due to an employers negligence or violation of federal safety laws In contrast to workers compensation FELA law allows for recovery of damages based on comparative negligence rather than the statutory benefit schedule Railroad workers who suffer injuries are also able to recover past and future medical costs This includes all medical expenses related to the injury This includes medication or physical therapy as well as any equipment needed to help a person recover fela lawsuit settlements could be a substantial amount of money and is a crucial component of any FELA claims Workers compensation laws differ from states to states however FELA is a national statute that guarantees a uniform distribution of cases across the country Whatever the location where the claim is brought it will be heard by a court of competent jurisdiction Anyone who has been injured by a railroad worker and believes they are entitled to a FELA claim should talk to an experienced lawyer as soon as possible The sooner you speak with an attorney the greater the odds that your claim will be successful The railroad will have an internal legal team fighting to prevent the worker from receiving a fair settlement and it is crucial that the injured worker has a knowledgeable and skilled advocate by their side A FELA lawyer with experience can ensure that the claim was filed correctly within the statute of limitation