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Federal Employers Liability Act FELA The railroad industry is a highly risky working environment that can cause serious injuries These injuries can range from train accidents to asbestosrelated illnesses like mesothelioma If youve been injured at work you must seek out a Tennessee FELA lawyer FELA is an important law that permits workers to sue their employers for negligence Unlike the laws governing workers compensation in the state FELA requires proof of employer negligence FELA is a federal law FELA allows railroad workers to claim compensation for injuries suffered while working This law permits railroad employees who have been injured to claim compensation from their employers for injuries that result from the negligence of the company Injured workers can claim compensation for past and future medical expenses as also the cost of suffering and lost wages These cases are similar in nature to those filed under state workers compensation laws but with additional requirements They also involve unique rules and procedures that require the attention of a lawyer familiar with FELA litigation In general anyone working for a railroad is covered by the law This includes anyone who has a regular work assignment in interstate commerce for example conductors and train engineers brakemen switchmen signalmen engineers and machinists However the law also applies to other employees that arent typically considered to be involved in interstate commerce such as contractors and office workers In order to be eligible for a FELA claim the employee must be able to prove that their illness or injury was caused by their employers negligence Keep in mind that the law does not necessarily imply that railroads were negligent in all instances It must be established that the employer violated their obligation of care towards the employee in a way such as not providing adequate safety training or equipment or permitting a hazardous work environment The law is based on common tort principles and was originally enacted in 1908 It is a federal law but it has influenced state tort laws A number of states also have their own workers compensation laws which cover workers in high risk industries and jobs No matter the state where an accident took place a FELA claim can be filed by any current or retired railroad worker who has suffered an injury on the job Families of railroad workers who have died may also file a claim for wrongful death It is a strict liability law The Federal Employers Liability Act is a strictliability law that allows railroad employees to sue their employers for injuries they caused through their negligence The FELA provides compensation to injured workers and their family members This is in addition the benefits provided by workers compensation laws To be eligible for FELA the 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 compensation such as suffering and pain If an employee is found guilty of contributing negligence the jury will reduce the award by an amount proportional to 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 that has its own rules and procedures A lawyer who is knowledgeable about FELA suits is needed to help you Contrary to the laws governing workers compensation which provide the right to compensation regardless of fault on the part of employers FELA is a faultbased law that requires the proof that negligence by an employer was a direct cause of the death or injury In 1908 Congress passed the FELA to address the high risk of workrelated injuries for railroad employees Workers compensation laws were already in force in a few states however they excluded employees who worked for interstate commerce The FELA addressed the exclusion of workers engaged in interstate commerce by liberalizing state tort liability laws and allowing injured railroaders to sue their employer for additional damages that are not available through workers compensation Under FELA a worker may seek compensation from hisher employer if he is injured or killed because of the carriers negligence This includes negligence resulting from failure to maintain safe working conditions such as inadequate tracks or equipment It also includes the failure to train workers properly and supervise them properly This also includes a violation of safety standards set forth by the Occupational Safety and Health Administration or laws like the Locomotive Inspection Act or Railroad Safety Appliance Act The FELA also provides for the recovery of medical expenses and other compensation This is in addition to the normal workers compensation The FELA allows compensation to be paid to family members of a deceased worker In fela lawyers can cover the spouse and children If you are a railroad worker who was injured at work it is important to contact an attorney familiar with FELA immediately The FELA allows you to file a lawsuit up to three years after the date of your injury However it is important to hire an attorney to begin collecting evidence early This is because the railroad starts to gather statements documents records and witnesses as soon as it receives notice of your injury It is a liabilitybased law After half a century of insisting that they were more than industrial wage earners railroad workers finally received recognition in 1908 thanks to the passing of the Federal Employers Liability Act FELA The law which excludes railroad employees from state workers compensation programs was crafted to provide financial protection for injured workers Unlike workers compensation statutes that offer an amount of compensation regardless of the cause of an injury FELA is a law founded on liability which requires proof of negligence by railroad It also ends the rule that allowed employees to claim that they were responsible for the risks associated with their job In order to qualify to receive FELA benefits a worker must meet the following requirements providing a safe work environment This could include training employees or examining their workplaces to look for dangers and unsafe conditions Employers should also keep up with maintenance and make sure that equipment is operating correctly If a workplace accident results in death the spouse and children will be compensated If the accident is not the result of negligence a jury will determine the amount of damages that will be awarded at the conclusion of the trial