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Federal Employers Liability Act The high risk of injury and death on railroads led Congress to adopt the Federal Employers Liability Act FELA in 1908 FELA changed the law of the land by allowing injured workers to recover damages even when their employer was not negligent It also allows them to submit a claim with no the fear of losing their job or employer retaliation Compensations under FELA can cover past and future medical treatment loss of wages emotional distress and pain and suffering Employers have a duty to provide a safe work environment An employer is required to provide a safe working environment If they fail in this obligation they could be held accountable for any losses or injuries that could occur They must also educate their employees and check the workplace to ensure there arent any dangers or unsafe conditions They are also required to provide their employees with the appropriate safety equipment and tools If an employee of a railroad is injured they can file an action against their employer for compensation under the Federal Employers Liability Act FELA Congress adopted FELA 1908 to tackle the high incidence of accidents in the rail industry and promote uniform rules and practices for railroad equipment and procedures It is the sole remedy for all claims against a railroad employer and can be brought in federal or state court It covers any injury or loss that happens while working for a railroad and includes both traumatic injuries as well as toxic exposures The term reasonably secure is defined as a situation that is not likely to cause serious injury to a worker What constitutes reasonable safety will depend on the specific circumstances To be held liable an employer must have knew or should have known that the work environment was unsafe and failed to rectify the situation Rail employees who are injured may receive a range of compensation which include medical costs and lost wages Additionally the law allows punitive damages to be awarded for the companys negligence The law applies to all railway employers who engage in interstate commerce and all their employees including conductors engineers brakemen and firemen machinists yardmasters bridge and construction workers pipefitterssheetmetal workers and signal maintainers The law provides compensation not only for catastrophic injuries but also for occupational illnesses such as mesothelioma and lung cancer Also it covers preexisting conditions that are aggravated such as hearing loss and asthma To be eligible for a FELA lawsuit the plaintiff must demonstrate that their loss or injury resulted from an act of their employer and that they were not the sole cause of the harm The employee must also prove that the injury happened in the course and scope of employment and that they are not an independent contractor Employers are obliged to provide training for employees FELA also known as the Federal Employers Liability Act was enacted in 1908 It allowed railroad workers who were injured at work to sue their employer In contrast to state laws on workers compensation FELA allows for monetary damages to be awarded for pain and suffering Furthermore the FELA plaintiff can seek damages that are many times higher than the amount given in a state worker compensation claim The law also requires that railroads provide their employees with safe working conditions and proper training Additionally it requires railroads to inspect the work area for safety hazards that could be present It is important to take this responsibility seriously Failure to adhere to the law could result in fines The law also requires the obligation to train all new employees and make sure they are aware of the companys safety protocol The FELA was passed in order to compensate injured railroad employees and their families It also provides a legal basis for lawsuits against railroad companies their agents servants and employees FELA also exempts railroad employees from state workers compensation laws which normally prohibit injured railroad workers from suing their employers In order to be successful in a FELA claim the plaintiff must demonstrate common law negligence or that the railroad acted in a grossly negligent manner In addition to the abovementioned obligations FELA requires railroads to create a safety system that includes rules and standards Railway companies must create an obligatory safety committee develop an extensive employeetraining program and conduct periodic safety inspections The FELA restricts certain defenses like assumption or risk and contributory negligence Despite these obligations the vast majority of railroad accidents are caused by worker error In addition many of the injuries sustained by railroad workers can be prevented Therefore it is critical to seek out the advice of an experienced attorney if been injured when working on railway This LibGuide is designed to serve as a study supplement for Villanova Law School students and does not constitute legal advice Employers are required to check the workplace Railroad employers in Virginia and across the nation are also subject to additional obligations under the Federal Employers Liability Act They are required to inspect their workplaces regularly for hazardous conditions and either fix or warn workers about them They also have a duty to provide workers with the tools and equipment needed to do their job safely FELA is a law that compensates railroad workers injured while on the job It was enacted in 1908 and allows injured workers to sue their employers for damages like medical bills lost wages and pain and suffering However unlike the laws governing workers compensation the FELA requires railroad workers who are injured to prove that their injury was due to the negligence of the employer Railroad employees are constantly exposed to hazardous substances including asbestos diesel exhaust silica dust creosote and welding fumes These chemicals have been linked to several serious health problems including mesothelioma and lung cancer Most of the time railroad companies KNEW that these chemicals were dangerous and could cause these health problems but they did not take precautions to ensure the safety of their employees It is crucial to consult an attorney with expertise in FELA cases if youre injured by a railroad worker To receive the maximum amount of compensation you must follow the unique rules and procedures of FELA Contact a FELA lawyer as soon as possible to ensure that your rights are protected Employers are required by law to provide medical treatment A workplace injury for a worker can be traumatic both physically and emotionally In some instances injuries they can be fatal or lifethreatening In these cases employees are entitled to sue their employer for medical expenses and lost wages However there are some exceptions to this rule For example employees working in highrisk industries such as railroads are subject to more strict safety standards They are also governed under the Federal Employers Liability Act FELA Unlike workers compensation claims FELA claims can be dependent on the fault of FELA is a statute that was passed by Congress in 1908 It deals with the responsibility of rail carriers to their employees in case of industrial accidents The law eliminated many of the defenses offered to common law employers such as the employees assumption of risk and contributory negligence The law also allowed juries to determine monetary awards based on comparative fault which is different from the benefit schedule that is predetermined in workers compensation Anyone who works for a railroad company that operates trains or handles interstate freight is covered This includes contractors temporary workers and office workers Additionally FELA also covers the spouses of workers killed on the job It also covers any person who suffers a workrelated injury This includes traumatic injuries such as broken bones or muscles that are pulled joints joint sprains and lacerations and other injuries This includes injuries resulting from repetitive movements as well as occupational diseases such as asbestosis A FELA lawyer with experience can help you to file an claim fela railroad accident lawyer can help you collect the evidence needed to support your claim including extensive medical documentation They can also help you negotiate with the insurance company to negotiate a fair settlement FELA claims for death or injury caused by an accident are subject to a threeyear statute of limitations The clock starts on the date of the accident or when the illness was first discovered For occupational diseases such as mesothelioma and cancer the statute can start at the date of diagnosis While FELA does not require injured railroad worker to submit an accident or incident report it is imperative to file one This will enable them to receive the best medical treatment and give them a better understanding of the reasons for their injury It is also crucial to get photos taken of any visible injuries before they heal These precautions can help you establish a strong claim under the FELA