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Federal Employers Liability Act Railroad workers arent covered by state laws on workers compensation instead they are protected by a set of federal laws known as the Federal Employers Liability Act FELA FELA allows injured railroad workers to sue their employers for damages In order to win a lawsuit brought under FELA you must prove that your injury was the result of negligence or a violation of a federal safety statute such as the Power Brake Law or Safety Appliance Act Compensation for FELA The Federal Employers Liability Act FELA provides compensation to workers who are injured on the job It is a faultbased law that allows for damages well beyond whats available under standard workers compensation laws However there are distinct rules and procedures that apply to FELA claims which makes them more complicated than other personal injury cases FELA claims are filed in federal courts therefore attorneys must be aware of the state tort law as well as federal laws when representing their clients Unlike workers compensation laws which offer benefits regardless of whether the railroad was at fault in the incident FELA requires the injured worker to prove that their employer was negligent in causing their accident The FELA was created to stop railroad companies from trying to shield themselves from liability for injuries or deaths caused through their negligence In the case of an injury caused by a defect in the railroad the FELA provides monetary compensation in addition to any benefits received under the states workers law It is essential for injured railroad workers to seek immediate medical attention following an accident This is not just important for their health but can also help them build an argument if they sustain injuries again They must also notify their employer as soon as they can Railroad workers who have been injured are entitled to submit a FELA claim without fear of reprisal It is illegal for railroad companies to discipline or dismiss employees who file an FELA claim and its illegal to discriminate against employees on the basis of their involvement in legal proceedings related to workplace accidents FELA cases cover a wide range of injuries from catastrophic train accidents to repetitive stress injuries They may also include workers who arent injured but who suffer from a cumulative trauma over time In contrast to workers compensation FELA claims give injured railroad workers the chance to receive financial compensation for their pain and their suffering as well as lost wages Fortunately skilled FELA lawyers can assist their clients get the compensation they deserve FELA Benefits All employers have a responsibility to keep their employees safe in the course of their work Businesses in highrisk industries must adhere to stricter standards of safety They must compensate workers who are injured on the job more than companies with lower risk To ensure that workers receive adequate compensation for injuries sustained in the workplace some federal agencies made laws that permit workers to sue their employers in the case of an accident The Federal Employers Liability Act FELA is one such law It was passed in 1908 in response to the alarming number of railroadrelated deaths that occurred in the late 19th century and into the early 20th century FELA allows railroad workers to sue their employers in the event of an injury and it grants workers the right to claim cash compensation that is greater than those that are provided by traditional workers compensation claims Unlike workers compensation which requires an employee to prove that they sustained an injury at work FELA requires employees to prove that their injuries were directly connected to their job activities This is especially crucial since certain injuries might not be apparent immediately such as an injury that is recurring such as carpal tunnel syndrome In addition to allowing injured workers to recover damages FELA also provides protection against workplace retaliation This is due to the fact that FELA specifically prohibits employers from making a retaliation against employees who make a claim To safeguard their interests it is important that employees know their rights and seek assistance of an FELA attorney When submitting the FELA claim injured workers should first seek medical treatment They should then contact an attorney and schedule an appointment to discuss their case An attorney can help injured workers to determine what they are entitled to and how they can obtain them FELA benefits include compensations for lost wages future loss of earnings as well as pain suffering disfigurement and disability as well as emotional distress The compensation offered by FELA is far higher than medical expenses and lost earnings This is the reason its vital that injured workers work with an FELA lawyer who is knowledgeable Statute of the FELA FELA is a set of federal laws that establishes the rights of railroad workers to seek compensation from their employers when they are injured while on the job Unlike workers comp 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 unique and complex set of rules makes FELA cases more challenging than other types of employmentrelated injury claims and requires the expertise of an attorney who knows the intricate rules of the statute Whether or not an employee is covered by FELA depends on the scope of their responsibilities and whether the duties required them to be involved in interstate commerce Generally anyone who works for a railroad that carries passengers or freight over state lines is covered under the law This includes employees like conductors brakemen and engineers Additionally the railroad which operates within the confines of one city but gives trackage rights other companies who are involved in interstate commerce may still be covered by FELA fela lawsuit settlements could be held liable for a workers injuries under FELA when the injury results from the employers infringement 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 has violated one or more of these statutes and that this violation led to or contributed to their injury When an injured worker wins an FELA case they may be awarded compensation for a range of injuries and expenses These include medical bills lost wages emotional distress They can also be compensated for the loss of future earnings potential and aggravation to preexisting conditions As a highrisk industry the railroad industry is subject to more stringent safety standards than other industries Railroad workers who have been injured need legal assistance by a skilled FELA lawyer who can assist them obtain maximum compensation for their losses FELA Attorneys Signals and switches on railroad tracks are vital safety mechanisms which prevent devastating often fatal collisions between trains and vehicles If youve been injured by a malfunctioning switch or signal or other negligence or error that your employer has committed you could be entitled to compensation under the Federal Employers Liability Act FELA A FELA lawyer is wellversed in this complicated area of law and can help you fight for the financial assistance you deserve A FELA lawyer will evaluate your case in depth to determine any possible acts of negligence that caused your injury They will also explain to you the legal process which includes filing a lawsuit or negotiating a settlement With this information in hand they will develop a tailored legal strategy that takes into account the specifics of your situation and the specific negligence that was identified If you are looking for an FELA lawyer select one that has a track record of success in representing clients who have FELA claims Review testimonials from past clients peer endorsements and professional awards to learn more about the experience of the lawyer You can request a list of references from past clients Lastly choose an attorney who is licensed to practice in your state They will be better able to comprehend local laws and are more willing to meet in person FELA actions differ from workers compensation claims because they are made based on fault and filed in federal courts This makes it more challenging to prove your claim In order to win a FELA claim you have to prove that the negligence of your employer caused your injuries To prove this you need to be familiar with the tort law principles of common law While the intricacies of FELA can be daunting but the right legal team will work hard to ensure that you receive the compensation you are entitled to A knowledgeable FELA lawyer can manage the intricate details of your case gather evidence negotiate with the railroad company and represent your case in court if required Contact a FELA lawyer for a nocost consultation today The sooner you get in touch with an attorney from FELA and the greater your chances are of obtaining the funds needed to cover medical expenses lost wages and pain and suffering