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Federal Employers Liability Act FELA Railroads are an industry with a high risk which can cause serious injuries These injuries can range from train accidents to asbestosrelated diseases like mesothelioma If youve been injured at work you must contact a Tennessee FELA lawyer FELA is a law that allows those who have suffered injuries from their employer to sue for negligence Unlike the state laws on workers compensation FELA requires proof of negligence by the employer FELA is a federal law When a railroad worker suffers an injury on the job and suffers an injury they can seek compensation under FELA This law permits railroad employees who have been injured to sue their employers for injuries resulting from the companys negligence Injured workers can receive compensation for past and future medical expenses pain and suffering and lost wages These cases are similar in nature to those that are filed under the laws of state workers compensation but with additional requirements They also have their own rules and procedures that require the attention of a lawyer who is skilled in FELA litigation Anyone who works for a railroad is generally covered by the law This includes people who have an employment requirement in interstate commerce such as engineers and conductors of trains brakemen signalmen and signalmen trainees However the law also covers other employees that arent normally thought of as being involved in interstate commerce such as office workers and contractors To be eligible for to be eligible for FELA lawsuit the worker has to prove that the negligence of their employer caused their injury or illness Keep in mind that the law does not necessarily imply that railroads were negligent in all instances It must be proven that the employer breached their obligation of care to the employee in a way such as failing to provide adequate training or safety equipment or by creating a dangerous working environment The law is built on common tort principles and was first passed in 1908 Although it is a federal statute however it has influenced the development of state tort law Some states also have their own workers compensation laws which protect workers in high risk industries and jobs Whatever the state in which an incident occurred a FELA claim can be filed by any current or retired railroad worker who has sustained an injury while working The families of deceased railroad workers are eligible to pursue a wrongful death claim as well 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 through their negligence The FELA compensates injured workers and their families This is in addition to the benefits provided by the workers compensation laws To be eligible for FELA a worker must prove that the injury was the result of railroads negligence or inability to provide safe working conditions The FELA also allows employees to pursue claims for damages not covered by workers comp including suffering and pain If however an employee is guilty of contributory negligence the jury will reduce their award by a amount which is proportional to their negligence This is referred to as assumption of risk It is a tort laws The Federal Employers Liability Act FELA is an act of tort permits railroad workers who have been injured to sue for damages against their employers It is a specialization area of law with unique rules and procedures A lawyer who is knowledgeable about FELA suits is required to assist you Unlike workers compensation laws which offer an amount of compensation regardless of fault by employers FELA is a faultbased law that requires evidence that the negligence of an employer was the primary cause of the death or injury In 1908 Congress passed the FELA to address the risk of workrelated injuries for railroad employees While fela settlements had already begun to establish workers compensation laws these laws excluded workers who were involved in interstate commerce The FELA dealt with this exclusion by allowing the state law of tort liability and allowing injured railroad employees to sue their employers for additional damages not available through workers compensation Under FELA it is possible for a worker to seek compensation from his or employer if he is injured or killed because of the negligence of the carrier This includes negligence resulting from the failure to provide safe conditions for workers and their equipment for example track or equipment that is defective It also includes failing to properly train workers and supervise them properly It also entails violations of safety standards set by the Occupational Safety and Health Administration or laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also provides for reimbursement of medical expenses and other compensation This is in addition to the normal workers compensation In the case of a workers death the FELA provides for the payment of compensation to family members In certain situations the FELA can be able to cover the spouse and children If you are a railroad worker 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 up to three years after the date of the injury However it is essential to hire an attorney to begin collecting evidence as early as possible This is because railroads begin to gather documents statements and witnesses immediately after receiving notice of your injury It is a law based on liability After more than a century of arguing that they were more than industrial wage earners railroad employees finally received recognition in 1908 thanks to the passage of the Federal Employers Liability Act FELA The law excludes railroad workers from state workers compensation and is designed to provide financial protection to injured workers Contrary to workers compensation statutes which provide for an amount of compensation regardless of fault FELA is a liabilitybased law that requires proof that railroad negligence was responsible for causing an injury It also eliminates the principle that allowed employees to claim they were liable for the risks that came with their work To qualify for FELA benefits workers must meet the following conditions Provide a safe working environment This may involve training workers or examining their workplaces to find dangers and unsafe conditions Employers are also required to maintain equipment and ensure it is in good condition If a workplace accident results in death the spouse and children are compensated If the accident wasnt the result of negligence the jury will decide the amount of damages to be awarded at the end of the trial