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Federal Employers Liability Act FELA The railroad industry is a highrisk working environment that can cause serious injuries These injuries could range from train accidents to asbestosrelated illnesses like mesothelioma If youve suffered injuries at work you should seek legal help from a Tennessee FELA attorney FELA is a crucial law that permits employees to sue their employers for negligence Contrary to state laws regarding workers compensation FELA claims require proof of employer fault FELA is a federal law When a railway worker suffers an injury on the job and is injured they may be able to be able to seek compensation under FELA This law permits railroad workers who have been injured to sue their employers for injuries that result from the negligence of the company Workers who are injured can seek reimbursement for past and future medical expenses as well as pain and suffering and lost wages These cases are similar to the ones filed under state workers compensation laws but with additional requirements They also have unique rules and procedures that require the attention of a lawyer familiar with FELA litigation In general anyone working for railroads is covered under the law This includes people who have an ongoing job in interstate commerce like engineers and conductors of trains brakemen signalmen and signalmen trainees However the law applies to other employees who arent typically considered to be involved in interstate commerce for example office workers and contractors In order to qualify for a FELA claim the employee must prove that their illness or injury was caused by the employers negligence It is important to note that the law does not necessarily imply that the railroad was infallible in all instances It must be proven that the employer breached their duty of care to the employee in some way for example by failing to provide adequate training or safety equipment or by permitting a hazardous working environment The law is founded on common tort laws and was first enacted in 1908 It is a federal law but it has also influenced state tort laws Some states also have their own workers compensation laws which protect those working in highrisk industries and jobs Regardless of the state where an accident took place a FELA claim can be filed by any current or retired railroad worker who has sustained an injury while working The families of railroad workers who have died are able to file 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 bring claims against their employers for injuries caused through their negligence fela lawyers provides compensation for injured workers and their family members This is in addition to the benefits provided by state workers comp laws To be eligible to receive FELA benefits a worker has to prove that their injury was caused by railroad negligence or the failure to provide safe conditions of work The FELA also permits employees to sue for damages that are not covered by workers compensation which includes pain and suffering If an employee is found to be guilty of contributing to the negligence the jury will reduce the amount awarded by an amount proportional to the amount This is referred to as assumption of risk It is a tort law The Federal Employers Liability Act FELA is a tort law that allows injured railroad workers to sue their employers for damages It is a specialization area of law that has its own rules and procedures An attorney who is familiar with FELA suits is required to help you Unlike workers comp laws that 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 Workers compensation laws were already in place in certain states but they didnt cover workers who worked for interstate commerce The FELA addressed the exclusion of employees who are engaged in interstate commerce by allowing more flexibility to the state tort liability laws and permitting injured railroaders to sue their employer for additional damages not available through workers compensation Under FELA the worker can claim compensation from his or employer if is injured or killed as a result of the carriers negligence This includes negligence resulting from the failure to provide safe working conditions for employees or equipment such as track or equipment that is defective This includes failing to properly supervise and train workers This also includes a violation of safety standards set forth by the Occupational Safety and Health Administration or other laws like the Locomotive Inspection Act or Railroad Safety Appliance Act The FELA also allows the reimbursement of medical expenses as well as other compensation This is in addition to the normal benefits of workers compensation In the event of a workers death the FELA allows for the payment of compensation to the workers family members In certain cases the FELA could protect the spouse and children If youve been injured while working as railway workers and you are injured you should speak with an attorney who is knowledgeable about FELA as soon as you can The FELA allows you to file a lawsuit for up to three years after the date of your injury However it is important that you hire an attorney to begin collecting evidence as early as possible This is because the railroad starts to gather statements documents records and witnesses immediately after receiving notice of your injury It is a liabilitybased law After a halfcentury of arguing they were more than just industrial wage earners in 1908 railroad workers finally received recognition after the passing of Federal Employers Liability Act The law excludes railroad workers from state workers compensation and aims to provide financial security to injured workers Unlike workers comp statutes which provide for the payment of compensation regardless of fault FELA is a liabilitybased law which requires evidence that the railroad was negligent in creating an injury In addition it eliminates the doctrine of assumption of risk which had previously allowed workers to claim that they took on the risks of their jobs In order to qualify to receive FELA benefits the worker must satisfy the following requirements in providing a safe working environment This may involve training workers or inspecting their workplace to look for possible hazards and unsafe conditions Employers are also required to maintain equipment and ensure that it is in good working order In the event of a workplace accident that leads to death surviving spouses and children will be awarded compensation If the accident is not due to negligence a jury will determine the amount of damages awarded at the end of the trial