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Federal Employers Liability Act FELA Rail workers are exposed to a variety of dangers when working The Federal Employers Liability Act FELA was enacted by Congress to solve this problem The law allows them to be exempt from state workers compensation statutes The law also allows for the determination of monetary compensation by juries on the basis of negligence in a comparative manner Unlike workers comp laws FELA is a faultbased law To be able to claim damages the plaintiff must prove that their employer was negligent It is a federal statute The Federal Employers Liability Act FELA passed in 1908 was a result of the affluence of railroad accidents that occurred from the late 1800s until the early 1900s The law allows railroad employees who suffer injuries to seek compensation The law also exempts railroad employees from state workers compensation laws that normally bar them from suing employers FELA also allows for greater damages than the ones provided by the laws governing workers compensation The law applies to all railroads that are involved in interstate commerce In general this includes large Class I Class II and Class III railroads as well as smaller short line railroads which connect to these major railroads Contrary to tort laws FELA only requires that the employee prove that his or her injury was solely caused due to the negligence of his or her employer FELA also eliminates the defenses of assumption and contributory negligence Despite the fact the railroad industry is infamous for its inherent dangers there are still many injuries and even deaths These injuries can result from any of a variety of causes such as equipment malfunctions or negligence as well as inadequate safety standards It is essential to find an experienced FELA lawyer who will make sure you receive the maximum amount of benefits The types of injuries covered by FELA include traumatic injuries like broken bones and muscles joint sprains joint sprains as well as lacerations It also covers occupational illnesses like hearing loss lung cancer and asbestosis It also covers the aggravation or preexisting conditions such as carpal tunnel syndrome chronic obstructive lung disease and hearing loss The FELA was designed to protect railroad workers from injury on the job However this does not mean that its a replacement for regular workers compensation laws For a claim to be successful the worker must prove that his or her employer was negligent or reckless and that led to the injury or death This is not always an easy process but a good attorney will help you with the process It is a faultbased law The Federal Employers Liability Act allows railroad workers who are injured while on the job to hold their employers accountable FELA is different from regular workers compensation laws in that it requires workers to prove that their employer was negligent and the negligence caused their injury It is challenging to claim FELA benefits without a seasoned FELA attorney FELA was enacted in 1908 to compensate railroad workers who were injured while on the job It also requires employers to adhere to safety regulations The act also covers railway companies that are involved in foreign and interstate commerce FELA cases can be filed in state courts by injured workers but the majority of cases are filed in federal courts In a FELA lawsuit an employee can seek damages for suffering pain lost wages and medical expenses They may also be able to recover damages for permanent impairment A factfinder determines the amount of a monetary compensation amount which is typically a jury The jury will also take into consideration theories of comparative fault and assumption of risk Under FELA an employee does not have to prove that the railroads negligence was the sole cause of their injury The FELA also applies to any injury that occurs in the course or employment This includes onthejob injuries as well as exposure to toxic materials or other workrelated hazards This is a major difference from workers compensation which pays for onthe job injuries that are directly connected to an employer There are other laws that impact railroad workers There are also laws governing the Locomotive Inspection Act the Safety Appliance Act and rules governing trains tracks and rail yards fela claims can assist injured workers determine if their injuries resulted from a violation of a regulation or law If a worker is partly at fault for an illness or injury the amount of compensation they receive will be reduced This is why its so important for injured workers to seek advice of a seasoned FELA attorney It is a preemption law Employers are all responsible for the safety of their workers However certain jobs and industries can pose a greater danger to workers than other As such those in highrisk industries are subject to a higher level of behavior In fact some jobs are so dangerous that they require special training and strict safety guidelines This is why the Federal Employers Liability Act FELA 45 USC 51 was passed by 1908 To bring a claim an injured railroad worker must demonstrate that their employer failed in their obligation to provide a safe working environment and the injury was the result of the failure It is distinct from state laws on workers compensation that permit injured workers to seek compensation without the need to prove negligence In contrast to workers compensation FELA requires a plaintiff to prove that the railroads negligence caused their injuries A jury may also decide to award damages that are greater than the states workers compensation laws Its not always clear the case when an injured employee is covered under FELA The decision will be decided by a judge at the beginning of the case However FELA does allow injured employees to sue their employers for negligence even when the employer isnt responsible for the injuries It also exempts railway workers from the states workers compensation laws which would otherwise prohibit them from suing employers A lawsuit filed under FELA can be filed either in a local or federal court The majority of FELA lawsuits are filed in federal courts No matter where the case is filed by law an injured railroad worker must be represented in court by an experienced lawyer The Lanier Law Firm is a firm that has been fighting for railroad workers rights that have been injured for many years We have extensive experience dealing with FELA claims The FELA is a faultbased law which is why it is essential that railroad workers who have been injured to have a seasoned lawyer by their side This will ensure they receive the compensation they deserve A lawyer with experience will know the best approach to employ in these cases It is a statute of limitations The Federal Employers Liability Act FELA gives railroad workers a a legal basis to file lawsuits against their employers Additionally it exempts railroad workers from state workers compensation laws that would otherwise bar them from filing suit Injured railroad workers should be aware of the statute of limitations on FELA claims in order to avoid missing the deadline The FELA statute of limitations is three years from the date that the cause of action arose It is crucial to be aware of this time period because if you dont file your lawsuit within the threeyear window youll lose your right to receive compensation This time frame is applicable to deaths and injuries caused by railroad work There are some situations that can make the statute of limitations more complicated Some illnesses can take a long time to be diagnosed For instance if you are exposed to harmful chemicals such as creosote and asbestos which slowly poison your body you might not be diagnosed with a condition until several years after In this instance you are bound by a time limit that starts when you begin to experience symptoms and are aware or know your job as railway worker is the cause for your health If youre involved in a FELA accident it is advisable to consult with an experienced attorney immediately A lawyer can help you determine who is responsible for your injury or death and what evidence is required to prove your claim He can also begin examining the scene by taking pictures or talking to witnesses as well as checking equipment or tools for potential hazards which may have contributed to your injuries Hiring a lawyer early will help you avoid a violation of the FELA statute of limitations He will collect all the evidence needed to prove your claim and ensure that your injuries are compensated He can also help you complete the complicated paperwork needed to submit an FELA suit Trying to handle the claim on your own could be very stressful and risky particularly if youre recovering from an injury or the loss of a loved one