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Federal Employers Liability Act In 1908 Congress passed the Federal Employers Liability Act FELA a law designed to safeguard railroad workers from injuries and deaths FELA changed the law of the land by permitting injured workers to claim damages even when their employer was not negligent It also allows individuals to make a claim without fear of job loss or employer retaliation Compensations under FELA can cover many things that include future and past medical treatment as well as lost wages and pain and suffering and emotional stress Employers are required to provide a safe working environment Employers have a duty to provide a safe work environment If they fail to take this responsibility they could be held liable for any injuries that occur They also have to instruct their employees and examine the workplace to ensure that there arent any dangers or unsafe conditions Additionally they have a duty to provide their employees with the right safety equipment and tools If a railroad employee is injured they may file a claim to compensation against their employer under the Federal Employers Liability Act Congress passed FELA 1908 to combat the high rate of accidents in the rail industry and to promote uniform rules and procedures for railroad equipment and procedures It is the only remedy available for most claims against a railroad firm and can be brought in either a state or federal court fela lawsuit settlements includes any injury or loss that occurs while working for a railroad and 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 injury What constitutes reasonable safety will depend on the circumstances To be deemed liable an employer must have had knowledge or ought to have known that the work environment was unsafe and failed to remedy the situation Rail workers who are injured could receive a range of compensation including medical expenses and lost wages The law also permits punitive damages for companies negligence The law applies to all railway employers who are engaged in interstate commerce as well as all their employees including engineers conductors brakemen firefighters machinists yardmasters bridge building workers pipefitterssheet metal workers and signal maintenance In addition to injuries from traumatic causes as well as traumatic injuries the law also provides compensation for occupational diseases such as mesothelioma and lung cancer It also covers preexisting conditions that are aggravated by the injury such as asthma and hearing loss In order to qualify for a FELA lawsuit the plaintiff must demonstrate that their injury or loss resulted from an action by their employer and that they were not entirely responsible for the harm The employee must also prove that the injury occurred within the nature of their job and that they are not an independent contractor Employers are accountable for the education of employees FELA or the Federal Employers Liability Act was enacted by Congress in 1908 It permitted railroad workers to sue their employers in the event of injuries on the job Contrary to state laws regarding workers compensation FELA allows for monetary damages to be awarded for pain and suffering Moreover it is possible that a FELA claimant can recover damages that are many times greater than those granted in a state workers compensation claim In addition the law obliges railroads to provide their workers with safe working conditions and adequate training The law also requires that the work area be inspected for dangers to safety This is a duty that must be taken seriously Failure to comply with this requirement may result in penalties The law also imposes the obligation to educate all new employees and ensure that they are familiar with the companys safety protocol The FELA was passed to pay compensation to injured railroad workers and their families It also serves as a basis for lawsuits brought against railroad companies and 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 To prevail in a FELA lawsuit the plaintiff has to prove either common law negligence or that the railroad acted recklessly In addition to the responsibilities mentioned above FELA also requires railroads to establish safety standards and regulations The railroad operator must establish an obligatory safety committee develop an extensive employeetraining plan and conduct periodic safety inspections The FELA prohibits certain defenses like assumption or risk and contributory negligence Despite these obligations the majority of railroad accidents occur due to worker error In addition many of the injuries suffered by railroad workers could be avoided Therefore it is crucial to seek out the advice of an experienced attorney if youve been injured while working for the railroad This LibGuide was designed to be an aid to study for Villanova Law School Students and does NOT constitute legal advice Employers are obliged to inspect the workplace In addition to ensuring that they meet the federal safety standards railroad employers in Virginia and across the United States are also accountable under the Federal Employers Liability Act FELA They must check their workplaces regularly for hazardous conditions and either fix or warn workers of these They are also required to provide employees with the tools and equipment they require to be able to work safely FELA is a law that offers compensation to railroad workers injured on the job It was passed in 1908 and it allows injured workers to sue their employer for damages like medical bills lost wages and pain and suffering However unlike the laws for workers compensation the FELA requires railroad workers injured to show that their injury was due to the negligence of the employer Railroad workers are exposed harmful substances such as silica dust and welding fumes These chemicals have been proven to cause a number of serious health problems such as mesothelioma lung cancer and chronic respiratory diseases Most of the time railroad companies KNEW that these substances were dangerous and could cause these health problems but they failed to protect their workers If youve been injured by a railroad worker it is crucial to consult a lawyer experienced in handling FELA cases In addition to the specific requirements of FELA There are specific rules and procedures that must be followed to receive the most money for your injuries Contact a FELA lawyer as soon as possible to ensure your rights are secured Employers are required by law to provide medical care A workplace injury can be devastating physically and mentally In certain instances injuries may be lifethreatening or even fatal In such cases workers can sue their employer for medical bills and lost wages However there are exceptions to this rule For instance employees who work in highrisk industries like railroads are required to adhere to stricter safety standards These employees are also governed by the Federal Employers Liability Act FELA In contrast to workers compensation claims FELA claims can be determined by fault FELA was enacted by Congress in 1908 It deals with the liability that rail carriers have towards their employees who are injured in industrial accidents The law scuttled a variety of defenses available to commonlaw employers including employee assumption of risk or contributory negligence It also allowed monetary awards to be decided by juries based on comparative negligence which differs from the benefit schedule that is predetermined under workers compensation It is applicable to anyone who is employed by a railroad corporation that operates trains or handles freight in interstate commerce This includes office workers contractors and temporary employees In addition FELA also covers the spouses of workers who are killed in the course of their work It also covers any worker who suffers an injury on the job This includes traumatic injuries such as broken bones and muscles joint sprains lacerations and other accidents These include injuries caused by repetitive movements and occupational diseases such as asbestosis A seasoned FELA lawyer can assist you in filing a claim for damages They can gather the necessary evidence to support your claim including extensive medical documentation and expert testimony They can also help you negotiate with the insurance company to negotiate an equitable settlement FELA claims for injury or death from an accident are subject to a threeyear period of limitations This clock begins on the date of the accident or the date the illness was first discovered For occupational illnesses such mesothelioma or cancer the statute of limitations can begin from the date of diagnosis It is crucial that railroad workers who have been injured submit a written report of the incident or accident even when FELA doesnt require it This will help them get the best possible medical treatment and give them a clearer picture of the reasons for their injury It is essential to take photos of any visible wounds prior to when they heal These precautions will help prove the case for a FELA claim