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The Federal Employers Liability Act The Federal Employers Liability Act FELA which was passed in 1908 was designed to protect railroad workers FELA allows railroad employees to sue their employers for damages including those that are not covered by standard workers compensation laws This includes negligence claims and damages that are not reduced due to the workers assumption of risk Common carrier The Federal Employers Liability Act or FELA allows injured railroad workers to hold their employers accountable for their medical bills and disability compensation FELA is often described as workers compensation for railroaders however it actually sets the bar higher for employer liability Unlike state workers compensation laws FELA is based on fault and requires that employees prove that their injuries were the result of the negligence of their employer It also reduces employers burden of proof and sets a high standard to ensure a safe work environment It is important to have an attorney who is knowledgeable of the specifics of FELA law to protect your rights In 1908 Congress passed FELA in response to the high number of railroad worker deaths FELA allows railroad workers to sue their employers for injuries they sustained during their work This law was created to assist injured railroad workers and their families In addition to providing financial assistance FELA also allows injured railroad workers to have their case heard by an impartial jury A recent ruling by a court in a FELA case could alter how the law is interpreted in the future The case involved the widow of a lift truck driver who was killed in a crash on the job The judge ruled that the FELA law did not limit the claim to only the employer of the deceased The judge also allowed the plaintiff to file claims against 11 defendants During the initial stages of an FELA claim it is essential to have an attorney at your side Your attorney can help you in completing the appropriate paperwork and gathering the required evidence Your attorney can also advise you on what is the most effective course of action for your particular case They can help you get the maximum amount of compensation for your injuries The responsibility of the employer Every business owner is responsible for ensuring that their workers are safe while they perform jobrelated duties Certain industries and occupations however are more hazardous than others which is why employers in highrisk fields are required to adhere to stricter safety rules These guidelines include adhering to all applicable rules and regulations and addressing any hazards in the workplace Workers must also be provided with the right equipment and tools so they can do their work safely If an employer fails to meet these responsibilities and a worker gets injured the employer can be held liable under FELA Unlike fela claims of state workers compensation that permit workers to bring claims against employers for injuries sustained in the workplace FELA requires proof of negligence before a worker is able to claim damages Its crucial to work with a FELA lawyer who is qualified The attorneys at Lanier Law Firm have extensive experience in handling FELA cases and can assist you in getting the compensation youre entitled to FELA is often referred to as workers compensation for railroad workers however its different from state workers compensation FELA allows injured railroad workers to sue their employers for damages including lost wages and medical expenses Railway employees are also exempt from the states workers compensation laws and allows them to receive damages that are many more than the amount available in a workers compensation claim Many people arent aware of the details of FELA although the law has been in place for over 100 years This blog post will look at some of the key employer responsibilities under FELA The post will also address the differences between FELA and workers compensation Ultimately the goal is to help you know your rights and obligations under FELA Damages For workers in highrisk fields monetary compensation can have significant implications In addition to covering medical expenses and lost wages FELA compensation can provide for future losses such as diminished earning capacity or permanent impairment The process isnt easy and requires a thorough understanding of FELA laws and state workers compensation laws For this reason its essential to choose an experienced attorney who can handle FELA cases In contrast to workers compensation FELA lawsuits allow for an increased amount of compensation for injuries They can be filed in either local or federal state courts Additionally the law permits injured railroad employees to sue their employers due to their injuries and expose them to liability for negligence The law also allows for a jurybased determination of damages rather than a predetermined benefits schedule which can greatly increase the amount of compensation In addition FELA lawsuits can include other tort claims including punitive damages which are intended to punish an employer who is negligent These damages may be awarded along with compensatory awards Workers who are injured should be aware of the possibility for punitive damages and should seek advice from an experienced lawyer to ensure that their rights are protected FELAs main purpose is to protect railroad workers rights if they suffer from workrelated injuries or occupational diseases This law allows railroad workers to hold their employers accountable for paying their medical bills as well as providing financial aid FELA despite being a federal law imposes higher safety standards than state workers comp laws It also permits workers to sue their employers for their injuries and protects employees from being mistreated Comparative negligence Before FELA was approved railroad workers had a limited number of recourse options when they suffered injuries while working FELA changed this by requiring railroads to meet the highest standards and improve working conditions It also permitted injured employees to claim compensation for injuries and damages even if they had been partially responsible for the accident Contrary to workers compensation which is based on fault FELA cases are guided by the concept of negligence in a comparative manner This means that the workers share of a settlement or trial award will decrease if they are found to be more than 50 responsible for their injuries While this is a welcomed change for injured workers it could create difficulties when it comes to finding an attorney to represent them in these cases Since FELA is an amendment to the common law tort principles it is essential to understand how it operates in order to properly assess a clients claim FELA actions can involve multiple tort claims and the factfinder must decide which claims are relevant to the particular case It is essential that lawyers are aware of the tort law principles in order to help their clients One of the major differences between FELA and workers compensation is that FELA allows employees to sue their employers for a broader variety of illnesses and injuries FELA covers occupational diseases like asbestosrelated lung diseases in addition to the above injuries In the end many employees are hesitant to submit an FELA claim because they fear being retaliated against by their employer FELA laws do not permit this kind of retaliation Many employees are unaware of their legal rights to sue their employers under FELA Next of cousins A next of kin is the person who should be contacted in the event of an accident illness or decline in mental health It is usually an immediate relative but it could also be a friend or neighbor It is a term commonly employed in medical settings such as nursing homes and hospitals It is also sometimes used to determine who will inherit the estate of a deceased person although this is governed by the laws of intestacy that govern the country A recent survey conducted by Sage Advocacy found that there is a serious misunderstanding about the meaning of next of kin In the event of an emergency it is vital that healthcare staff can contact someone with the authority to make decisions and consent on behalf of the patient Many people believe that just because they are the next of kin of a person does not grant them the legal authority to make major decisions for them This is incorrect This is not true In 1908 In 1908 the Federal Employers Liability Act was passed to combat the high rate of injuries among railroad workers This legislation protects injured workers by allowing them to sue employers for negligence It also defines specific responsibilities of railroad companies like the duty to create an environment that is safe for workers FELA has been in existence for over a century and continues to play a vital role in the security of our nations transportation system The FELA is often in comparison with workers compensation however there are some significant differences For instance FELA allows injured employees to sue their employer in federal court not state courts