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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is which protects railroad workers injured in accidents is unique In contrast to workers compensation laws FELA is a faultbased statute and requires employers to prove that their negligence played a role in the injury or illness FELA covers cumulative trauma injuries that are not always caused by an specific incident David Paoli an experienced attorney is the ideal person to handle these claims Employers are liable Railroad workers are at risk in unique ways with trains that move at high speeds and with chemical and electrical hazards The Federal Employers Liability Act is designed to provide railroad employees with fair compensation for injuries they sustain during their work David Paolis work focuses on representing railroad workers injured as well as those who have cumulative trauma claims and specific injuries that occurred under FELA Unlike workers comp statutes which compensate for injuries sustained at work regardless of the cause FELA requires proof that railroad negligence was at most partially responsible for the death or injury that is sought It isnt always easy to prove that a workers workplacerelated illness or injury is due to the employers negligence The FELA requires a juror to find an inherent connection between the injury sustained and the defendants behavior But it is a broader standard than one found in common law negligence laws A FELA lawyer with a lot of experience will be able to evaluate the evidence and determine if there is an inherent connection In addition to that the FELA also contains provisions to address issues related to assumption of risk However courts have consistently held that an FELA action cannot be tried under the assumption of risk doctrine While the FELA could exclude assumption of risk defenses but other common law negligence defenses can still be argued by railroad employers Employers can be sued for negligence in hiring or training employees failure to keep equipment safe and free of hazards and for failing to warn of known dangers Additionally the FELA permits dualcapacity lawsuits in which the employer is sued as a manufacturer and employer of products that cause an employee to be injured or killed Railroads for instance used asbestoscontaining products for many years This meant that many employees were exposed hazardous asbestos and were afflicted with debilitating diseases The FELA allows punitive damages to to nonemployees who have suffered a wrongful demise or debilitating injury due to an occupational 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 sets out the obligations of employers working for a railroad involved in international or interstate commerce The law compensates workers who are injured due to the negligence of their employer It also specifies various additional specific responsibilities for employers such as providing the proper training and supervision Because of FELA and other laws governing workers compensation many people who have been injured by the negligence of their employer are able to get the help they need It is important to keep in mind that not all accidents involving railroad workers are eligible as FELA claims Workers must prove that their injury or loss resulted from the employers breach To be able to do this they have to provide ample evidence of the employers negligence and they must prove that their injury was the result of the negligence of the employer It is important to note that FELA does not permit defenses of assumption of risk or contributory negligence If an employee is found to have contributed in some way to their own injury any settlement or award will be reduced in proportion to the proportion of fault they share Under FELA the law employers must maintain safe working conditions and educate employees on how to operate equipment in a safe manner They also have to ensure that employees receive proper medical treatment and that injuries are reported immediately Additionally they should give enough time off to workers who are injured on the job to recover FELA is an expansive law that allows railroad workers injured by injuries to receive much greater compensation than they would be entitled to under a standard workers compensation claim If youve been injured while working it is a good idea to speak to an Shreveport rail injury attorney immediately They can assist you in understanding the differences between FELA and workers compensation and they can provide the assistance you need to pursue maximum compensation Duty of Care for Employers One of the most important responsibilities that an employer has is to provide a secure environment for employees to work This is known as an employers nondelegable obligation of care This duty is a notion of common law which supplements the legal obligations of an employer It requires employers to maintain a work environment that is reasonably safe and provide competent personnel to ensure the safety of employees fela lawyer of care goes beyond the workplace to include the actions of a business in the community and overseas In a globalized environment disasters accidents and other unpredictable events could have a direct impact on the business of a company Businesses must have plans for disaster preparedness to deal with all possible scenarios These plans must be regularly updated It is the job of the employer to ensure that their premises are free of hazards and their employees arent to hazardous conditions Furthermore the duty of care entails the obligation to safeguard employees from the effects of exposure to harmful substances The duty of care also includes the obligation to ensure that employees can access medical treatment and other services In addition an employers duty of care requires that it take actions to prevent injuries from occurring in the first place This includes teaching employees how to handle dangerous substances and ensuring they are aware of the dangers associated with them While a duty of care is an essential part of business however it can be a challenge to define The term is used by lawyers to describe an intricate legal concept There are two kinds of obligations of care ethical obligations and legal duties Ethical duties are those that are based on the morality of an individual and legal obligations are those that are mandated by the government or enacted through statute All businesses have an obligation of moral and legal to protect their customers employees and anyone else visiting their premises Failure to do so could result in grave consequences including litigation and fines Damages Railroad workers put their lives in danger every day to ensure trains are running on time FELA offers compensation for workrelated injuries despite every effort It is important that railroad workers who are injured understand the process by which FELA claims can be filed and the damages they could be able to recover While the law may seem complicated a skilled FELA attorney can provide valuable guidance in understanding the laws and filing an claim Under the FELA damages can be categorized as pain and discomfort medical expenses as well as lost earnings as well as future loss of earnings and funeral expenses The law permits workers to claim these damages if they can prove that their injuries were caused by an employers negligence or a violation of federal safety laws Unlike workers compensation FELA law allows for the recovery of damages based on comparative negligence instead of the benefit schedule prescribed by law Railroad workers who are injured can recuperate the costs of their medical treatment both past and future This includes all medical costs related to the injury including medication physical therapy and any other equipment needed for a workers recovery It could be a large amount of money and is an essential element of any FELA claim Workers compensation laws differ from state to state but FELA is a national law which ensures a uniform allocation of cases across the country No matter where the case is brought the case will be heard in an appropriate court A railroad worker who has been injured and believes that they are entitled to an FELA lawsuit should consult an experienced lawyer as quickly as possible The sooner a lawyer can be consult and the earlier it is the more likely it is that the claim will be successful A railroads inhouse team will fight to prevent the worker from receiving an equitable settlement It is important that the injured worker has an experienced and knowledgeable advocate on their side A knowledgeable FELA attorney can ensure that the claim is properly filed and within the statute of limitations