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Federal Employers Liability Act FELA Railroads are an industry with a high risk which can cause serious injuries These injuries can range from train accidents to asbestosrelated diseases like mesothelioma If you have been injured at work you should consult a Tennessee FELA lawyer FELA is an act that permits employees who have been injured by their employer to sue for negligence Contrary to state laws regarding workers compensation FELA claims require proof of employer fault FELA is a federal law FELA allows railroad workers to claim compensation for injuries they sustain while working This law permits railroad employees who have been injured to claim compensation from their employers for injuries caused by the companys negligence Workers who are injured can seek reimbursement for past and future medical expenses as also the cost of suffering and lost wages These cases are similar in nature to those that are filed under the state laws governing workers compensation but with additional requirements fela lawyers have unique rules and procedures that require the attention of a lawyer who is familiar with FELA litigation Anyone who works for a railway is generally protected by law This includes people who have an employment requirement in interstate commerce like engineers and conductors of trains brakemen signalmen and signalmen trainees The law also applies to employees who arent typically considered to be involved in interstate commerce This includes contractors and office workers To qualify for to be eligible for FELA lawsuit a worker must prove that the employers negligence caused their injury or illness Remember that the law doesnt necessarily mean that a railroad was negligent in all cases It must be proved that the employer has violated their duty of care to the employee in some way such as by not providing adequate safety training or equipment or by creating a dangerous working environment The law was first passed in 1908 It is based on tort laws which are common It is a federal law however it has had an impact on state tort laws In addition to FELA and other states a lot of states have their own workers compensation laws that protect those working in highrisk industries and jobs Whatever the state in which an incident occurred a FELA claim can be filed by any current or retired railroad worker who has sustained an injury on the job Families of deceased railroad workers are eligible to pursue the wrongful death claim well It is a strict liability law The Federal Employers Liability Act FELA is a strict liability law that permits railroad workers to bring claims against their employers for injuries caused by their negligence The FELA offers compensation to injured workers and their families This is in addition to the benefits provided by state workers compensation laws To be eligible for FELA benefits workers must prove that their injury was caused by negligence on the part of railroads or a failure to provide safe conditions for work The FELA allows employees to sue to recover damages that are not covered by workers compensation such as pain and suffering However if an employee is guilty of contributing to the negligence the jury will reduce the amount they award by a amount proportional to their fault This is referred to as assumption of risk It is a tort law The Federal Employers Liability Act FELA is a tort law that permits injured railroad employees to sue their employers for damages This is a specific area of law that has unique rules and procedures that require the expertise of an attorney familiar with FELA cases Unlike workers comp laws which compensate regardless of fault FELA requires proof that the negligence of the employer caused the accident or death In 1908 Congress passed the FELA to address the danger of accidents at work for railroad employees While individual states had already started establishing workers compensation laws these laws excluded workers who were involved in interstate commerce The FELA dealt with this exclusion by liberalizing the state law of tort liability and allowing injured railroad workers to sue their employers for additional damages that are not covered by workers compensation A worker can seek compensation under FELA when he suffers injury or killed by the negligence of a transporter This includes negligence resulting from the failure to provide safe working conditions for employees such as unsafe equipment or tracks This includes failure to properly train and supervise workers It also includes violation of safety standards established by the Occupational Safety and Health Administration or laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also provides the reimbursement of medical expenses as well as other compensation This is in addition to regular workers compensation The FELA allows compensation to be paid to the family members of the deceased worker In certain situations the FELA may protect the spouse and children If youve been injured while working as railway workers and you are injured you should speak with an attorney who is familiar with FELA immediately Although the FELA gives you up to three years from the date of your injury to file an action its essential to choose an attorney who can begin gathering evidence as soon as possible This is because the railroad begins collecting statements documents records and witnesses immediately after receiving notice of your injury It is a liabilitybased law After half a century of arguing they were more than just industrial wage earners in 1908 railroad workers finally gained recognition with the passing of the Federal Employers Liability Act The law which excludes railroad employees from the states workers compensation programs is designed to provide financial protection for injured workers Unlike workers compensation statutes which provide the same amount of compensation regardless of fault in an injury FELA is a law built on the concept of liability and requires proof of negligence by railroad Additionally it eliminates the doctrine of assumption of risk which had previously allowed workers to claim that they assumed the risks associated with their work To be eligible to receive FELA benefits workers must meet the following requirements Provide a safe working environment This could mean training workers or inspecting their workplace to find potential hazards and unsafe conditions Employers also need to maintain their facilities and make sure that equipment is operating properly In the event of an workplace accident that results in death spouses who survived and children will be compensated If the accident isnt the result of negligence then a jury will decide the amount of damages to be awarded at the conclusion of the trial