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Federal Employers Liability Act The high risk of injuries and deaths in railroad jobs prompted Congress to approve the Federal Employers Liability Act FELA in 1908 FELA changed the law of the land by allowing injured workers to recover damages even if their employer was not negligent They are also able to file a claim with no worry about losing their job or being retaliated against by their employer Compensations under FELA may cover the cost of future and past medical treatment and emotional distress lost wages and suffering and pain Employers are responsible to provide a safe work workplace Employers are obligated to create a safe working environment If they fail to take this responsibility they could be held responsible for any injuries that occur They also have a duty to ensure that their employees are properly trained and to inspect their workplace for any hazards or unsafe conditions They also have a duty to provide their employees with the proper tools and safety gear If a railroad worker is injured he or she can file a claim for compensation against their employer under the Federal Employers Liability Act Congress passed FELA 1908 to tackle the high incidence of accidents in the railroad industry and to establish uniform rules and practices for railroad equipment and procedures It is the only remedy available for most claims against a railroad firm and may be filed in a federal or state court It covers any injury or loss that happens while working for a railroad It includes both traumatic injuries as well as toxic exposures The term reasonably safe is defined as any situation that is not likely to cause serious harm What is considered to be safe depends on the circumstances of a case To be held responsible an employer must have either knew or should have realized that the work environment was unsafe and failed to rectify the situation Rail workers who are injured could be awarded a variety of damages including medical expenses and lost wages The law also allows punitive damages for companies negligence The law applies to all railway employers that engage in interstate commerce as well as all of their employees including conductors engineers brakemen firemen machinists yardmasters bridge construction workers pipefitterssheet metal workers and signal maintenance The law allows compensation for not just catastrophic injuries but also for occupational illnesses like mesothelioma or lung cancer Also it covers preexisting conditions that are aggravated by hearing loss and asthma To qualify for a FELA suit the plaintiff must demonstrate that the injury or loss was caused by an employers action and that the plaintiff is not solely responsible for the damage The employee must also prove that the injury occurred within the scope of employment and that they are not an independent contractor Employers have a duty to educate employees FELA or the Federal Employers Liability Act was passed by Congress in 1908 It permitted railroad workers to sue their employers if they were injured while on the job In contrast to state laws on workers compensation FELA allows for monetary damages to be awarded for pain and suffering FELA claims also can be able to recover damages that are much higher than those granted under state workers compensation laws In addition the law requires railroads to provide employees with safe working conditions and appropriate training It also imposes an obligation to inspect the work area for potential safety hazards This is a duty that must be taken seriously and a failure to adhere to this requirement could result in a penalty The law also imposes a specific duty to train new workers and ensure that all employees have a thorough knowledge of the companys safety protocol The FELA was passed to pay compensation to railroad workers injured in the line of duty and their families It also provides a legal basis for lawsuits against railroad companies as well as their servants agents and employees FELA also exempts railroad employees from state workers compensation laws which would normally prevent injured railroad workers from being able to sue their employers In order to be successful in a FELA claim the plaintiff must show common negligence under the law or that the railroad acted in a blatantly negligent manner In addition to the previously mentioned obligations FELA requires railroads to create a safety system that includes rules and standards This includes a mandatory safety board that must be constituted by the railway carrier and a comprehensive training program and periodic safety inspections of equipment The FELA does not permit certain defenses such as assumption or risk and contributory negligence Despite these obligations the vast majority railroad accidents occur by worker error A lot of the injuries railroad workers sustain are preventable If youve been injured while working on an railroad its crucial to consult a skilled attorney This LibGuide was designed as an aid to study for Villanova Law School Students and does NOT constitute legal advice Employers are required to check the workplace In addition to meeting the safety standards of the federal government railroad employers in Virginia and across the United States are also required to comply with the Federal Employers Liability Act FELA They are required to inspect their workplaces on a regular basis for dangerous conditions and then either correct or warn workers of them They must also equip their employees with the necessary tools and equipment to perform their work safely FELA is a law that compensates railroad workers who are injured while on the job It was passed in the year 1908 and allows injured workers to sue for damages such as medical bills and lost wages Contrary to the laws governing workers compensation however the FELA requires injured railworkers to prove that their injury was caused by the negligence of their employer Railroad workers are exposed hazardous substances such as silica dust and welding fumes These chemicals are known to cause a variety of serious health issues that include mesothelioma and lung cancer and chronic respiratory ailments The railroad companies KNEW that these chemicals were hazardous and could cause health problems However they did not safeguard their workers It is important that you consult with a lawyer who has experience in FELA cases if you are a railroad worker injured To receive the most compensation you must abide by the unique rules and procedures of FELA Contact an FELA attorney immediately to protect your rights fela case settlements are required to provide medical care A workplace accident can be devastating both mentally and physically In certain instances injuries may be lifethreatening or even fatal In such cases workers can sue their employers for medical expenses and lost wages However there are some exceptions to this rule For instance employees working in highrisk sectors such as railroads are held to stricter safety standards These employees are also governed by the Federal Employers Liability Act or FELA Unlike workers compensation claims FELA claims can be dependent on the fault of FELA is a law that was passed by Congress in 1908 It deals with the responsibility of rail carriers to their employees in case of industrial accidents The law ended many of the defenses that were available to commonlaw employers such as the assumption of risk by the employee and contributory negligence It also allowed monetary awards to be determined by juries using comparative negligence which is different from the predetermined benefit schedule for workers compensation Anyone working for a railroad that runs trains or handles interstate freight is covered This includes contractors temporary workers and office workers In addition FELA also covers the spouses of workers killed in the course of their work It also covers any person who suffers a workrelated injury This includes traumatic injuries such as broken bones pulled muscles joint sprains and lacerations The injuries caused by repetitive motions and occupational illnesses such as asbestosis are also covered An experienced FELA lawyer can assist you to in filing a claim for damages They can help you gather the necessary evidence to support your claim including extensive medical documentation They can also assist in negotiating with the insurance company to negotiate an equitable settlement FELA claims that result in injury or death caused by an accident have a statute of limitations of three years The clock starts on the date of the accident or the date the illness was discovered For occupational diseases such as mesothelioma and cancer the statute of limitations can begin from the date of diagnosis While FELA does not require a railroad worker to file an accident or incident report it is important to file one This will enable them to get the best possible medical treatment and give them a clearer picture of the circumstances that led to their injury It is essential to take photographs of any visible wounds prior to when they heal These precautions will help you establish a strong claim under the FELA