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Federal Employers Liability Act FELA Railroad workers face many dangers while on the job The Federal Employers Liability Act FELA was enacted by Congress to address this issue The law exempts them from state laws on workers compensation The law also allows for monetary payouts to be decided by juries based on the evidence of the concept of comparative negligence Unlike fela railroad settlements FELA is a law based on fault To be eligible for damages the plaintiff must demonstrate that the negligence of their employer caused the injury It is a federal statute The Federal Employers Liability Act FELA was passed in 1908 was the result of the large number of railroad accidents that took place from the late 1800s to early 1900s The law allows injured railroad employees to sue their employers to recover compensation It also excludes railroad workers from state workers compensation laws which typically prohibit employees from suing their employers FELA also allows for higher damages than those provided by workers compensation laws The law applies to all railroads that are involved in interstate commerce This includes major Class I Class II and Class III railroads as well as smaller short line railroads that connect to these major railroads Contrary to tort laws FELA only requires that the employee prove that his or her injury was caused solely due to the negligence of his or her employer FELA also eliminates the defenses of contributory negligence and assumption Despite the fact that the railroad industry is renowned for its inherent dangers there are still numerous accidents and even deaths that happen These accidents can be caused by various reasons including negligence equipment malfunctions and inadequate safety standards It is important that you hire a FELA lawyer with experience who will ensure you receive the maximum benefits Injuries that can be covered by FELA include traumatic injuries like broken bones and muscles joint sprains joint sprains as well as lacerations It also covers occupational diseases such as asbestosis lung cancer and hearing loss It also covers the aggravation of existing conditions like carpal tunnel syndrome chronic obstructive lung disease and hearing loss The FELA was created to safeguard railroad workers from injuries on the job It does not mean that it is an alternative to workers insurance laws To be successful in a claim the employee has to demonstrate that the employer was negligent or reckless This negligence or carelessness caused the injury or death This isnt always an easy task however an experienced attorney can assist you through the process It is a law that is based on fault The Federal Employers Liability Act allows railroad workers injured at work to hold their employers responsible FELA differs from the laws governing workers compensation in that it requires employees to prove that their employer was negligent and that negligence caused their injury This makes it difficult to claim benefits without a knowledgeable FELA lawyer FELA was passed in 1908 to pay compensation to railroad workers who had been injured while on the job It also obliges employers to follow safety rules The law applies to railway companies that are engaged in interstate or foreign commerce FELA cases are typically brought in federal courts however they can be filed by injured workers in state courts as well In a FELA lawsuit an employee could be awarded damages for pain suffering lost wages and medical expenses They can also recover damages for permanent impairment A factfinder determines the amount of a monetary compensation award which is usually the result of a jury The jury also takes into account theories of comparative negligence as well as assumption of risk Under FELA an employee does not need to prove that the railroads negligence caused their injury The FELA also applies to any injury that occurs in the course of employment This includes workrelated injuries as well as exposure to toxic materials or other hazards associated with work This is a significant distinction from workers compensation which covers injuries on the job that are directly related to an employer In addition to FELA In addition to FELA there are other laws that apply to railroad workers These include the Locomotive Inspection Act and the Safety Appliance Act as in addition to rules that govern work schedules trains train equipment tracks and rail yards A FELA attorney can help injured workers determine if their injuries resulted from a violation of a law or regulation If a worker is found to be partially at fault for an accident or illness their award of compensation will be reduced by the percentage of responsibility attributed to them This is why its important for injured workers to seek advice of a knowledgeable FELA attorney It is a preemption law Employers are all accountable for the safety of their workers Certain industries and jobs may present greater risk to workers than others Those in highrisk fields are expected to adhere to higher standards of conduct In fact some jobs are so hazardous that they require specialized training and strict safety guidelines This is the reason why the Federal Employers Liability Act FELA 45 USC 51 was passed in 1908 To file a claim a injured railroad employee must show that their employer erred in their obligation to provide a safe workplace and the injury resulted from this failure It differs from state laws on workers compensation that allow injured workers to recover without the need to prove negligence Unlike workers comp FELA requires a plaintiff to prove that the railroads negligence was a direct cause for their injuries In addition the jury may award damages that are many times greater than those offered by state laws governing workers compensation If an injured workers claim falls under FELA is not always clear as this will be determined by an arbitrator at the beginning of the case FELA allows injured workers to sue employers over negligence even if the employer was not at fault for their injuries Railroad employees are also exempt from state workers compensation laws which would otherwise prevent employees from suing their employers A lawsuit brought under FELA can be filed in federal or local courts Most FELA lawsuits are filed in federal courts Whatever the location where the case is filed the law requires that an injured railroad employee must be represented by a skilled attorney The Lanier Law Firm is a firm that has fought for railroad workers rights that have been injured for a number of years This is why we have a wealth of experience dealing with FELA claims The FELA is a law based on fault which is why it is essential that railroad workers who have been injured to have a seasoned lawyer on their side This will ensure that they receive the compensation that they are entitled to An experienced lawyer will know the best approach to use in these situations It is a statute The Federal Employers Liability Act FELA provides railroad workers with legal grounds to file lawsuits against their employers Additionally it exempts railroad workers from state laws regarding workers compensation which would otherwise prevent the filing of lawsuits It is essential for railroad workers injured to be aware of the time limit for FELA claims to ensure that they dont be late in filing their claims The FELA statute of limitations is three years from the date your cause of action accrues This deadline is crucial since if your lawsuit is not filed within three years you forfeit the right to compensation This deadline is applicable to railroadrelated accidents and deaths Certain circumstances can make the statute of limitations more difficult For instance some illnesses require a long time to manifest themselves If youre exposed hazardous substances such as creosote or asbestos which slowly poison your body over time you might not be ill until years later In this instance you are subject to a statute of limitations that begins when you experience symptoms and you are aware or know that your work as a railway worker is responsible for your condition Its a good idea to hire an experienced lawyer as early as you can when youre involved in a FELArelated accident An attorney can help you determine who is at fault and what evidence you will require to support your claim He may also begin looking over the scene taking photos and speaking to witnesses and examining tools or equipment for potential hazards that might have contributed to your injury A lawyer who is hired early will help you avoid a violation of the FELA statute of limitations He can gather all the necessary evidence to support your claim and ensure that you receive compensation for your injuries In addition he can assist you in filling out the complex documents required to file a FELA lawsuit Doing it on your own can be extremely stressful and potentially dangerous especially if youre still recovering from a traumatic injury or the loss of a loved one