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Federal Employers Liability Act FELA The railroad industry is a highly risky workplace that could cause serious injuries These injuries can range from train accidents to asbestosrelated illnesses like mesothelioma If youve suffered injuries on the job and youre not sure what to do seek legal help from a Tennessee FELA attorney FELA is a crucial law that allows workers to sue their employers for negligence Unlike state workers compensation laws FELA claims require proof of employer fault FELA is a federal law FELA allows railroad workers to seek compensation for injuries they sustain on the job This law allows railroad workers who are injured to sue their employers for injuries resulting from the companys negligence Injured workers can claim compensation for future and past medical expenses as well as the cost of suffering and lost wages These cases are similar to those filed under the laws of state workers compensation but with additional requirements They also involve unique rules and procedures that require the attention of a lawyer experienced in FELA litigation In general anyone working for a railroad is covered by the law This includes all employees who have a regular work assignment in interstate commerce like train engineers and conductors brakemen switchmen signalmen engineer trainees and machinists The law also applies to employees who arent typically thought of as being involved in interstate commerce This includes office workers and contractors In fela case settlements to qualify for a FELA claim the employee must prove that their illness or injury was caused by the employers negligence Be aware that the law doesnt necessarily imply that railroads were negligent in all cases It must be proved that the employer breached his duty of care to the employee for example by failing to provide safety equipment or adequate training or permitting a dangerous work environment The law is founded on common tort laws and was first enacted in 1908 Although it is a federal law it has had an impact on the development of state tort law Many states also have their own workers compensation laws that cover those working in highrisk industries and jobs Whatever the state in which an accident occurred and a FELA claim can be filed by any railroad worker who has sustained an injury on the job Families of railroad workers who have died are also able to file a claim for wrongful death It is a strict liability law The Federal Employers Liability Act FELA is a strict liability law that permits railroad workers to file claims against their employers for injuries resulting by their negligence The FELA compensates injured workers and their families This is in addition to the benefits offered by state workers comp laws To be eligible for FELA benefits the worker must prove that their injury was caused by railroad negligence or the failure to provide safe conditions of work The FELA also allows employees to sue for damages that are not covered by workers comp such as suffering and pain However if an employee is found to be guilty of contributory negligence the jury will reduce the amount they award by a amount which is proportional to their fault This is called assumption of risk It is a tort law The Federal Employers Liability Act FELA an act of tort permits railroad workers injured to pursue damages against their employers It is a specialized field of law that has its own rules and procedures An attorney who is familiar with FELA suits is needed to help you Contrary to workers compensation laws which compensate regardless of fault FELA requires proof that the negligence of the employer caused the death or injury In 1908 Congress passed FELA in response to the high risk of railroad workers being injured while at work Although states had established workers insurance laws these laws excluded workers involved in interstate commerce The FELA dealt with this exclusion by liberalizing the state law of tort liability and allowing railroad workers injured to pursue their employers for additional damages not available through workers compensation Under FELA it is possible for a worker to seek compensation from hisher employer if he is injured or killed as a result of the carriers negligence This includes negligence caused by a failure to maintain safe working conditions for employees or equipment such as track or equipment that is defective This includes failing to properly train and supervise workers It also entails violations of safety standards established by the Occupational Safety and Health Administration or other laws like the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also allows the reimbursement of medical expenses and other compensation This is in addition to normal workers compensation In the event of the death of a worker the FELA provides for the payment of compensation to family members In certain cases this may include the spouse and children of the deceased employee If you are a railroad employee who has suffered an injury at work you should seek out an attorney who is familiar with FELA immediately The FELA permits you to file a lawsuit for up to three years after the date of the injury However it is essential to consult with an attorney to begin collecting evidence as early as possible This is because the railroad starts to gather documents statements and witnesses immediately after receiving notification of your injury It is a law that is based on the concept of liability After half a century of argument that they were more than industrial wage earners railroad workers finally gained recognition in 1908 with the passage of the Federal Employers Liability Act FELA The law which exempts railroad employees from the states workers compensation programs is designed to provide financial security for injured workers In contrast to the statutes for workers compensation that provide an amount of compensation regardless of fault FELA is a liabilitybased law that requires proof that railroad negligence was responsible for creating an injury It also abolishes the doctrine that allowed employees to claim they had assumed the risks associated with their work To qualify to receive FELA benefits a worker must meet the following requirements to provide a safe work environment This may involve training workers or examining their workplace to identify dangers and unsafe conditions Employers must also maintain their facilities and ensure that equipment is operating properly If a workplace accident results in death the spouse and children are compensated If the accident wasnt caused by negligence a jury will determine the amount of damages to be awarded at the end of the trial