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Federal Employers Liability Act FELA Railroad workers are exposed to a variety of dangers on the job The Federal Employers Liability Act FELA was enacted by Congress to solve this problem The law exempts employers from state laws on workers compensation The law also permits the determination of monetary compensation by juries on the basis of comparative negligence Contrary to the laws governing workers compensation FELA is a law founded on fault In order to be awarded damages plaintiffs have to prove that their employer was negligent It is a federal law The Federal Employers Liability Act FELA which was enacted in 1908 was the result of the large number of railroad accidents that occurred in the latter part of the 1800s and into the early 1900s The law allows injured railroad employees to sue their employers to recover compensation The law also exempts railroad employees from the states workers compensation laws which typically prohibit them from suing their employers In addition FELA allows for more damages than are available under workers comp laws All railroad companies that conduct interstate commerce are subject to the law This includes major Class I Class II and Class III railroads as small short line railroads that connect to these major railroads Contrary to tort laws FELA only requires that an employee prove his or injury was solely caused through the negligence of his or employer In addition FELA eliminates contributory negligence and assumption of risk as defenses against recovery Despite the fact the railroad industry is infamous for its inherent risks there are still a lot of accidents and even fatalities These injuries can be caused by many different reasons including equipment failures negligence and inadequate safety standards It is important to hire an skilled FELA lawyer who will make sure you receive the maximum amount of benefits Injuries that are covered by FELA include injuries that are traumatic like broken bones or muscles that are pulled joints joint sprains and lacerations It also covers occupational diseases like lung cancer asbestosis and hearing loss It also covers the aggravation of existing conditions like carpal tunnel syndrome chronic obstructive lung disease and hearing loss The FELA is an important piece of legislation that was designed to protect railroad workers in the event of being injured while on the job However this does not mean that it is a substitute for workers insurance laws To be successful in a claim the plaintiff must prove that the employer was negligent or careless This carelessness or negligence caused the injury or the death This isnt an easy task but an experienced lawyer can help you with the process It is a law that is based on fault The Federal Employers Liability Act FELA allows injured railroad workers to make their employers accountable if they are injured on the job FELA differs from the laws governing workers compensation in that it requires workers to prove their employer was negligent and that negligence caused their injuries This makes it difficult to claim benefits without a skilled FELA lawyer FELA was passed in 1908 to compensate railroad workers injured on the job It also requires employers to adhere to safety rules The act applies to railway companies that are engaged in interstate or foreign commerce FELA cases may be filed in state courts by injured workers however they are usually filed in federal courts In a FELA lawsuit an employee can seek damages for suffering pain loss of wages and medical expenses They may also be able to recover damages for permanent impairment The amount of the award is determined by a factfinder which is typically an appeals court The jury will also consider theories of comparative negligence and the assumption of risk Under FELA the employee is not required to show that the railroads negligence was the sole cause of their injury The FELA also applies to any injury that occurs in the course of employment This includes onthejob injuries and exposure to toxic substances or other workplace hazards This is a significant distinction from workers compensation which only will pay for injuries that are directly linked to an employer There are also other laws that impact railroad workers There are also laws governing the Locomotive Inspection Act the Safety Appliance Act and rules governing trains tracks and rail yards A FELA lawyer can assist injured workers determine whether their injuries resulted from a breach of a law or regulation If the worker is found to be responsible for an injury or accident their monetary award will be reduced by the proportion of the blame attributed to them It is essential that injured workers seek the assistance of a FELA attorney who has prior experience in this area It is a preemption law Employers from all industries are accountable to ensure the security of their employees However certain occupations and industries are more risky to workers than other For this reason those working who work in highrisk areas are subject to a higher level of behavior Some jobs are so hazardous that they require special safety training and strict guidelines This is the reason why the Federal Employers Liability Act FELA 45 USC 51 was passed in 1908 In order to file a claim under FELA the injured railroad worker must prove that their employer failed to provide a safe work environment and that this caused the injury It is distinct from state laws on workers compensation that permit injured workers to claim compensation without having to prove negligence In contrast to workers compensation FELA requires that the plaintiff prove that the railroads negligence was the primary cause of their injuries A jury may also make a decision that is higher than the state workers compensation laws The question of whether a claim by an injured employee is covered under FELA is not always clear because it is a decision made by an arbitrator at the beginning of the case However FELA does allow injured employees to sue their employers for negligence even if the employer isnt responsible for the injuries Railroad employees are also exempt from state workers compensation laws which would otherwise bar the possibility of suing their employers A lawsuit filed under FELA can be filed either in a local or federal court Most FELA lawsuits are filed in federal courts Whatever the location where the case is filed the law requires that railroad employees who are injured must be represented by a skilled attorney The Lanier Law Firm is a firm that has been fighting for railroad workers rights for injured for a number of years This is why we have extensive experience in dealing with FELA claims The FELA is a faultbased law which is why it is essential that railroad workers who have been injured to have a seasoned lawyer on their side It will ensure they get the compensation they are entitled to A lawyer with experience will know the best approach to use in these situations It is a statute The Federal Employers Liability Act FELA gives railroad workers a legal grounds to file lawsuits against their employers The Federal Employers Liability Act FELA exempts railroad employees from state workers compensation laws which would otherwise prevent them from being sued Injured railroad workers must be aware of the time limit for filing FELA claims in order to avoid missing the deadline The FELA statute of limitations is three years from the date the cause of action first arose fela claims railroad employees is crucial to be aware of this time period because if you do not start your lawsuit within the timeframe of three years you will forfeit your right to receive compensation This deadline is applicable to deaths and injuries caused by railroad work There are some situations that could make the statute of limitations more complex Certain diseases can take a long period of time to be diagnosed For example if you are exposed to dangerous chemicals like asbestos or creosote that slowly poison your body you might not be diagnosed with an illness until some time after In this scenario you have a statute of limitations that begins when you experience symptoms and are aware or know your job as railway workers is the reason for your condition If you are involved in an FELA accident its a good idea to seek out an experienced lawyer immediately A lawyer can help you determine who is accountable for your injuries or death and what evidence is needed to support your claim He can also start examining the scene by taking photos and talking with witnesses and checking equipment or tools for any potential hazards that could be the cause of your injuries Engaging a lawyer before the deadline can ensure that you dont miss the FELA statute of limitations He can gather all the evidence required to support your claim and ensure that you are compensated for your injuries In addition he can assist you in completing the complex documents required to file a FELA lawsuit It can be dangerous and stressful to to manage your claim on your own especially if the accident or loss is still fresh in your mind