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Federal Employers Liability Act Railroad workers are not protected by the state workers compensation law but by a set of federal laws referred to as the Federal Employers Liability Act FELA allows railroad workers who suffer injuries to sue their employer for damages To succeed in a lawsuit brought under FELA you must prove that your injury resulted from negligence or a violation of a federal safety law such as the Power Brake Law or Safety Appliance Act Compensation for FELA The Federal Employers Liability Act FELA offers compensation to workers who are injured on the job Its a faultbased statute that permits damages that go beyond those available under standard workers compensation laws FELA claims are more complicated due to the unique rules and procedures In addition FELA cases are generally filed in federal courts so attorneys need to be aware of the state tort law of their local jurisdiction and federal law when representing these clients Unlike workers compensation laws which offer benefits regardless of whether the railroad was at fault in the incident FELA requires the injured worker to prove that their employer was negligent in causing their accident The FELA is designed to stop railroad employers from trying to avoid responsibility for deaths and injuries caused through their negligence If there is an injury caused by a railroad defect the FELA provides monetary compensation in addition to any benefits a worker receives under the states workers compensation laws It is crucial that railroad workers injured seek immediate medical attention following an accident This is not only crucial for their health but can also help them build an impressive case in the event that they are injured again They should also report the injury to their employer as soon as they can Railroad workers who have been injured have the right to submit an FELA complaint without fear of being retaliated against Its illegal for railway companies to fire or discipline employees who submit an FELA claim as well as illegal to discriminate against employees because of their participation in legal proceedings relating to workplace accidents FELA cases can cover a wide range of injuries from devastating train crashes to repetitive stress injuries They also can involve people who have not been seriously injured but suffer from cumulative trauma over time Unlike workers compensation FELA claims allow injured railroad workers to receive compensation for their pain and suffering as well as their lost wages Fortunately knowledgeable FELA lawyers can assist their clients receive the compensation they deserve FELA Benefits All employers are responsible for keeping their workers secure while they perform their workrelated tasks Certain jobs and industries pose greater dangers to employees however and businesses in highrisk industries are held to higher standards of safety As such they must provide greater compensation to employees who suffer injuries on the job as when compared to companies with lower risk To ensure that employees receive the proper compensation for injuries sustained in the workplace Some federal agencies adopted laws that allow them to sue their employers in the event of an accident One such law is the Federal Employers Liability FELA It was enacted in 1908 to respond to the alarming numbers of railroadrelated deaths that occurred in the latter part of the 19th century and into the early 20th century FELA allows railroad employees to sue their employers in the event of injury and also grants workers the right to seek the amount of money they are due which is higher than the amount that are provided by traditional workers compensation claims Unlike workers comp which requires that an injured worker only needs to prove the injury occurred at work FELA requires that employees prove that their injuries are directly connected to their jobs This is crucial because some injuries are not immediately apparent like carpal tunnel syndrome or a frequent injury In addition to permitting injured workers to claim damages FELA also provides protection against workplace retaliation This is due to the fact that FELA specifically prohibits employers from taking retaliatory action against employees who file an action It is important for workers to be aware of their rights and to seek advice from an experienced FELA attorney in order to protect their interests When filing an FELA claim injured workers should first seek medical attention They should then seek out an attorney and set up an appointment to discuss their case An attorney can assist injured workers to determine what they are entitled to and how to claim them FELA benefits include compensation for lost wages future loss of earnings pain and suffering disability disfigurement and emotional distress The amount of compensation provided by FELA is much more than just medical expenses and lost earnings This is the reason its vital that injured workers consult with a FELA lawyer who is knowledgeable FELA Statute FELA is an act of the federal government that gives railroad workers the right to demand compensation from their employer when they suffer injuries while at work Unlike workers comp which pays benefits regardless of fault in the majority of cases FELA claims rely on the negligence theory and set an upper standard for employer liability This particular and complicated set of rules creates FELA claims more complicated than other kinds of injury claims that involve employment It requires the expertise of a lawyer who knows the statute The degree to which an employee is covered by FELA is determined by the nature of his or her duties and whether those duties require him or her to be involved in interstate trade Generally anyone who works for a railroad company that transports passengers or freight over state lines is covered under the law This includes employees such as conductors brakemen and engineers In addition a railroad that operates within the boundaries of a city but gives trackage rights to other companies who are involved in interstate commerce could be covered by FELA A railroad company may be held accountable for workers injuries under FELA when the injury occurs as a result from the employers infringement of workplace safety laws like the Locomotive Inspection Act Railroad Safety Appliance Act or the Boiler Inspection Act It is crucial to understand that for a worker to prevail in a FELA claim they must prove more than that the railroads conduct violated one of these statutes They must also demonstrate that such the violation led to their injury If an injured worker wins an FELA lawsuit they can be compensated for a wide range of injuries and expenses These damages can include medical expenses as well as lost wages pain and suffering and emotional distress They can also be compensated for the loss of future earnings potential as well as aggravation due to preexisting conditions As a highrisk sector railroads are held to stricter safety guidelines than other industries Injury railroad workers need the legal advice of an experienced FELA attorney who can help them receive the most compensation for their losses Attorneys FELA Railroad switches and signalling are vital safety devices to prevent deadly collisions between trains If youve suffered injuries due to a defective switch or signal or any other act of negligence at the hands of your employer you may be entitled to compensation under the Federal Employers Liability Act FELA A FELA lawyer is familiar with this complicated area of law and can assist you to fight to get the financial assistance you deserve A FELA lawyer will assess your case thoroughly and identify any possible acts of negligence which caused your injury They will also outline the legal process that must be followed including filing an action or negotiating a settlement With fela law firm theyll develop a legal strategy that is specific to your particular situation and considers the mistakes that were made When choosing a FELA attorney look for one with a proven track record of successfully representing clients with their FELA claims Review testimonials from past clients peer endorsements and professional accolades to find out more about the attorneys experience You can request a list of references from previous clients Choose an attorney who holds the legal license required to practice in your state They will have an understanding of local laws and be more accessible for meetings inperson FELA actions differ from workers compensation cases in that they are based on fault and filed in federal court It is therefore more difficult to prove your claim To prevail in a FELA case you have to prove that your employers negligence was directly responsible for your injuries To do this it is important to familiarize yourself with the tort law principles The complex nature of FELA may seem overwhelming but the correct legal team can work hard to ensure that you receive the compensation that you are entitled to A knowledgeable FELA lawyer can handle the complexities of your case gather evidence negotiate with the railroad company and also represent your case in court if required Contact a FELA lawyer for a free consultation today The sooner you make contact the earlier it is that youll be able to obtain the money you need to pay medical bills lost wages and suffering