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Federal Employers Liability Act Railroad workers are not protected by state workers compensation laws but rather by a set of federal laws known as the Federal Employers Liability Act FELA FELA allows railroad workers injured to sue their employer for damages To win a lawsuit under the FELA you must prove that your injury was caused by negligence or a violation of a federal safety law such as the Power Brake Law or Safety Appliance Act Compensation for FELA The Federal Employers Liability Act provides compensation for workers injured at work Its a faultbased statute that permits damages that go above those offered by standard workers compensation laws However there are unique rules and procedures governing FELA cases making them more complicated than other personal injury cases FELA claims are filed in federal courts which means attorneys need to be knowledgeable of both state tort law and federal laws when representing their clients Unlike workers compensation laws that provide benefits regardless of whether the railroad was responsible for the incident FELA requires the injured worker to prove that their employer was negligent in causing their injury The FELA was created to stop railroad companies from trying to avoid liability for injuries or deaths caused by their negligence If there is an injury caused by a fault of a railroad the FELA offers financial compensation in addition to any benefits received under the states workers compensation laws It is essential for railroad workers who have been injured to seek immediate medical attention after an accident Apart from being essential for their physical health this step can aid in building an effective case against the railroad in the event that they suffer a recurrence of injury They should also inform their employer of the injury as soon as they are able to Railroad workers who are injured are entitled to submit an FELA complaint without fear of reprisal Its illegal for railway companies to discipline or fire employees who submit a FELA claim and its illegal for them to discriminate against employees on the basis of their involvement in legal proceedings related to workplace accidents FELA cases may cover a variety of injuries ranging from catastrophic train crashes to repetitive stress injuries Workers who arent injured but are suffering from cumulative trauma may be affected Unlike workers comp FELA claims give injured railroad workers the chance to receive financial compensation for their pain and suffering as well as for lost wages Fortunately FELA lawyers are able to assist their clients in obtaining compensation FELA Benefits All employers are required to keep their employees safe in the course of their work Certain industries and occupations are more dangerous for employees but companies in highrisk industries are held to even higher standards of safety In this regard they are required to provide greater compensation to employees who are injured while working when compared to companies with lower risk To ensure that employees receive adequate compensation for injuries sustained in the workplace some federal agencies passed laws allowing them to sue their employers in the event of an accident One of them is the Federal Employers Liability FELA It was enacted in 1908 as a response to the alarming numbers of railroadrelated deaths that occurred during the late 19th century and early 20th century FELA allows railroad workers to sue their employers in the event of an injury and also grants workers the right to seek the amount of money they are due which is higher than the ones that are provided by traditional workers compensation claims Unlike workers comp which is where an employee who has been injured only needs to prove the injury occurred at work FELA requires that employees prove that their injuries are directly related to their job This is especially important as some injuries may not be immediately apparent like a recurring injury like carpal tunnel syndrome In addition to permitting injured workers to claim damages FELA also provides protection against workplace retaliation This is due to the fact that FELA specifically prohibits employers from taking retaliatory action against employees who file an action It is crucial for employees to know their rights and to seek the advice of an knowledgeable FELA attorney in order to protect their interests If you are filing an FELA claim injured workers should first seek medical treatment The injured worker should call an attorney to schedule an appointment to discuss their case An attorney can help injured workers determine what compensation they are entitled to and how to get the compensation they deserve FELA benefits include compensation for lost wages future loss of earnings pain and suffering disfigurement disability and emotional distress The compensation awarded by FELA is much higher than medical expenses and lost earnings This is why its crucial that injured workers work with an FELA lawyer who is knowledgeable FELA Statute FELA is federal law that grants railroad workers the right to demand compensation from their employer when they are injured while at work In contrast to workers compensation which provides benefits regardless of fault in most cases FELA claims rely on a negligencebased theory and set the higher bar for employer liability This complex and unique set of rules makes FELA claims more complicated than other kinds of injury claims that involve employment It requires the expertise of a lawyer who knows the statute The degree to which an employee is covered or not by FELA is determined by the scope of his or her duties and if the duties require him or her to be involved in interstate commerce Generally speaking anyone working for a railroad that transports freight or passengers across state lines is covered by the law This includes employees such as engineers brakemen and conductors FELA could also cover a railroad that operates in the city but it grants trackage rights to businesses that participate in interstate commerce A railroad company can be held liable for a workers injuries under FELA when the injury is a result of the employers violation of workplace safety laws such as the Locomotive Inspection Act Railroad Safety Appliance Act or the Boiler Inspection Act To win a FELA case the injured worker must show that the railroad violated one or more of these statutes and that the violation led to or contributed to their injury If an injured person wins an FELA lawsuit they will be awarded compensation for a vast variety of injuries and expenses These damages include medical expenses as well as lost wages emotional distress and pain and suffering They may also be compensated for the loss of future earning potential and aggravation of existing conditions As a highrisk business railroads are held to higher safety standards than many other industries Injured railroad workers should seek legal representation by a skilled FELA lawyer who can help them obtain maximum compensation for their losses fela attorneys and signalling are essential safety mechanisms to stop deadly collisions between trains If you were injured due to a malfunctioning signal or switch or other negligence of your employer you could be eligible for compensation This is covered under the Federal Employers Liability Act FELA A FELA lawyer is wellversed in this complicated area of law and can help you fight to get the financial support you deserve A FELA attorney will analyze your case to determine possible negligence that could have caused the injury They will also explain the legal procedure involved including filing lawsuits or negotiating settlement With this information in hand they will develop a customized legal strategy that takes into account the specific details of your situation as well as the specific negligence that was identified If youre in search of an FELA lawyer select one that has a track record of success when representing clients who have FELA claims To find out more about a lawyers experience look for testimonials from clients peer endorsements and professional awards You can also request a list with references from previous clients Choose an attorney who has the legal license required to practice in your state They are better equipped to understand local laws and are more willing to meet in person FELA actions differ from cases involving workers compensation as they are faultbased and filed in federal courts This makes it more difficult to prove your claim To prevail in a FELA case you must show that your employers negligence was the primary cause of your injuries To do this its important to understand the tort law principles The complex nature of FELA might seem overwhelming but a skilled legal team can work hard to ensure that you receive the amount you are entitled to A FELA lawyer with experience will handle your case gather evidence negotiate the railroad company and represent you in court if needed Contact an FELA lawyer for a free consultation The earlier you contact us the sooner it is that you will be able to obtain the funds you need to pay for medical expenses as well as lost wages and suffering