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The Federal Employers Liability Act The Federal Employers Liability Act FELA was created in 1908 to help protect railroad workers FELA allows railroad workers to sue their employers for damages including those that are not covered by standard workmens compensation laws This includes claims for negligence as well as damages that are not diminished by the assumption of risk Common carrier The Federal Employers Liability Act or FELA allows railroad workers injured by injuries to claim their employers are accountable for their medical bills and disability benefits FELA which is sometimes called workers comp for railroaders actually sets a higher standard for employer liability Contrary to state workers compensation laws FELA is based on fault and requires that the injured party prove their injuries were caused by the negligence of their employer It also reduces the burden of proof for employers and sets a high standard to ensure a safe work environment It is crucial to find an attorney who is knowledgeable of the specifics of FELA law to safeguard your rights In response to the soaring death rate of railroad workers Congress passed FELA FELA allows railroad workers to sue their employer for injuries sustained on the job This law was designed to assist injured railroad employees and their families In addition to providing financial aid FELA also allows injured railroad workers to have their case heard by juries A recent decision by a court in a FELAcase could alter the way in which the law is interpreted going forward The case involved the widow of a lift truck driver who died in an accident while on the job The judge ruled that FELA law was not confined to the employer of the deceased and allowed the plaintiff to bring claims against 11 defendants In the beginning stages of an FELA claim it is vital to have an attorney on your side Your attorney can help you in completing the appropriate paperwork and gathering the required evidence Your attorney can also guide you on what is the best course of actions for your case fela accident attorney can assist you in obtaining the most compensation for your injuries Employers responsibility Every business owner is held to the obligation of ensuring that their employees are secure in the course of their work However some work and industries are more dangerous than others which is the reason employers in highrisk sectors are held to stricter safety standards These guidelines include adhering all applicable rules and regulation and addressing any hazards in the workplace Employers must also provide employees with the appropriate tools and equipment so that they can carry out their work safely If an employer does not meet these responsibilities and a worker is injured the employer could be held liable for FELA Unlike the state laws on workers compensation that allow workers to file claims against employers for injuries sustained in the workplace FELA requires proof of negligence before the worker can recover damages It is essential to choose a FELA lawyer who is experienced The lawyers at Lanier Law Firm have extensive experience in handling FELA cases and can help you receive the compensation youre entitled to FELA is often referred to as workers comp for railroad workers but its actually very different from state workers comp FELA allows railroad employees who suffer injuries to sue their employers for damages including medical expenses and lost wages It also allows railroad employees to be exempt from the requirements of state workers compensation laws and permits them to recover damages that are a lot greater than what is offered in a state workers claims for compensation Although the law has been in effect for over a century many people still dont understand the details of FELA This blog post will discuss some of the main obligations of employers under FELA It will also discuss the differences between FELA and workers compensation The goal is to help better the rights you have under FELA Damages Compensation is often a major factor for workers in highrisk industries FELA compensation may cover future losses like diminished earning potential or permanent impairment However the process is complex and requires an indepth knowledge of FELA and state workers compensation laws Its therefore important to select a skilled lawyer who can handle FELA claims Unlike workers compensation FELA lawsuits offer a greater amount of compensation in the event of an accident and can be filed either in state or federal courts The law also permits injured railroad workers to sue their employers for their injuries exposing them to liability It also allows a decision to be made by a jury rather than the predetermined benefits schedule This can increase the amount of compensation FELA lawsuits could also cover other tort claims such as punitive damages Punitive damages are designed to penalize a negligent employee These damages are given in conjunction with compensatory awards for an injury Workers who have been injured must be aware of the possibility for punitive damages and should seek the advice of an experienced lawyer to ensure that their rights are secured The primary goal of FELA is to protect railroad workers rights if they suffer from workrelated injuries or occupational diseases The law allows these workers to demand that their employers be accountable for paying their medical expenses and provide them with financial support Despite the fact that FELA is a federal statute that imposes more stringent safety standards than state workers compensation laws Additionally it permits workers to sue their employers over their injuries and prevent the mistreatment of workers Comparative negligence Prior to FELA railroad workers had a limited recourse in the event of injury at work FELA changed the law by requiring railroads to adhere to higher standards and improve their working conditions The law also allowed injured workers to claim compensation for injuries and damages even if theyd been partially responsible for the accident Unlike workers compensation which is based on fault FELA claims are governed by the principle of comparative negligence This means that the workers share in the settlement or award will be reduced if he is found to be at least 50 of the fault for his injury This is a very welcome one for injured workers However it can make it difficult to find an attorney to defend their claims Since FELA is an official modification of common law tort rules it is important to understand how it works to make a proper assessment of the claim of a client Additionally FELA actions often involve multiple tort claims and the factfinder jury must determine which ones are relevant to the case It is essential that lawyers are aware of tort law principles to help their clients A major difference between FELA and workers compensation is that FELA allows employees to sue their employers for a wider range of ailments and injuries In addition to the types of injuries that are mentioned above FELA also covers occupational diseases like asbestosrelated lung disease Many employees are scared of submitting a FELA complaint due to the fear of retaliation by their employer FELA laws do not permit this kind of retaliation Many workers are unaware of their legal rights to sue their employers under FELA Next of Kin A next of kin is the person who is contacted in the event of an accident illness or decline in mental health It is typically a relative but could also be a neighbor or friend It is a common term employed in medical settings such as hospitals and nursing homes It is also a term that is often used to determine who inherits the estate of a deceased individual however this is governed by the laws of intestacy that govern the country A recent survey commissioned by Sage Advocacy found that there is a major misunderstood about the meaning behind the term next of kin In the event of an emergency its essential that healthcare staff can contact someone with the authority to make decisions and give consent on behalf of the patient Many people believe that simply because they are a persons next of kin doesnt give them the legal authority to take major decisions for them This is not true The power of attorney can only be legally granted using a lasting power of attorney In 1908 the Federal Employers Liability Act was passed to combat the high rate of injuries among railroad workers This law safeguards injured workers by allowing them to sue employers for negligence It also specifies specific obligations for railroad companies such as the duty to provide a safe working environment FELA has been in existence for over a century and continues to play a major role in the security of our nations transportation system The FELA is often in comparison with workers compensation but there are some key distinctions For instance FELA allows injured employees to sue their employer in federal court instead of state courts