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Federal Employers Liability Act The high risk of injuries and deaths in railroad jobs prompted Congress to approve the Federal Employers Liability Act FELA in 1908 FELA changed the common law by allowing injured workers to seek damages even if their employer was not negligent They are also able to file a claim with no fear of losing their job or being retaliated against by their employer Compensations under FELA may cover past and future medical treatment loss of wages emotional distress and suffering and pain Employers are responsible for providing a safe working environment Employers are obligated to create a safe working environment If they fail to take this responsibility they may be held liable for any injuries that may occur They are also required to instruct their employees and examine the workplace to ensure that there are no hazards or unsafe conditions In addition they have a duty to provide their workers with proper tools and safety equipment In the event that a railroad employee is injured they may make a claim against their employer to recover compensation under the Federal Employers Liability Act FELA Congress passed FELA in 1908 to address high accident rates in the rail industry and to promote uniform rules regarding railroad equipment and practices It is the only remedy available for most claims against a railroad company The case can be brought before an appropriate state or federal court It includes any loss or injury that happens while working for a railroad and covers both traumatic injuries and toxic exposures The term reasonably secure is defined as a situation that is unlikely to cause serious harm to a worker What constitutes reasonable safety will be determined by the specific circumstances To be deemed to be liable the employer must have either known or should have realized that the work environment was not safe and failed to correct the situation Rail workers who are injured can receive a range of compensation which include medical costs and lost wages Additionally the law allows punitive damages in order to punish the companys negligence The law applies to all railway employers that are involved in interstate commerce as well as all of their employees including conductors engineers brakemen firemen machinists yardmasters bridge construction workers pipefitterssheet metal workers and signal maintenance The law offers compensation for not just traumatic injuries but also for occupationalrelated diseases like mesothelioma or lung cancer Also it covers preexisting conditions that are aggravated by the injury such as asthma and hearing loss To be able to file a FELA lawsuit the plaintiff must show that their injury or loss is due to an employers action and that they are not solely responsible for the harm In addition the employee must prove that the incident was a result of their work and that they are not an independent contractor Employers are responsible for the training of employees FELA or the Federal Employers Liability Act was passed in 1908 It permitted railroad workers who were injured while at work to sue their employer In contrast to state workers compensation laws FELA allows victims to get compensation for pain and suffering FELA claims can also recover damages that are much higher than those imposed by the state workers compensation laws The law also requires railroads to provide their employees with safe working conditions and appropriate training It also imposes an obligation to inspect the work area for potential safety hazards This is a responsibility that must be treated with seriousness and failure to comply with this requirement could result in a penalty The law also sets forth an obligation to educate new workers and ensure that all employees are equipped with the knowledge of the safety procedures for the company The FELA was passed to pay compensation to railroad workers who have been injured and their families It also provides a basis for lawsuits brought against railroad companies their servants agents and employees FELA also exempts railroad employees from state laws on workers compensation which normally prohibit railroad workers who are injured from suing their employers To be successful in a FELA claim the plaintiff must show common law negligence or that the railroad acted in a blatantly negligent way In addition to the abovementioned obligations FELA requires railroads to establish a system of safety rules and standards This includes an obligatory safety board that must be supervised by the railway carrier a comprehensive employee training program and regular safety inspections of equipment The FELA prohibits certain defenses like assumption of risk and contributory negligence Despite these obligations the majority of railroad accidents are caused by worker error Many of the injuries railroad workers sustain are preventable If youve been injured by a railroad it is essential to speak with an experienced attorney This LibGuide is designed to be used as a supplement for Villanova Law School students and is not legal advice Employers have a duty to check the work environment In addition to meeting the federal safety standards railroad employers in Virginia and across the United States are also required to comply with the Federal Employers Liability Act FELA They must inspect their workplaces frequently for dangerous conditions and then fix or warn workers about them They must also equip their employees with the required tools and equipment to complete their tasks safely FELA is a unique law that compensates railroad workers who suffer injuries on the job It was enacted in the year 1908 and allows injured workers to sue for damages such as medical bills and lost wages In contrast to workers compensation laws however the FELA requires injured rail workers to prove that their injuries were caused due to the negligence of their employer Railroad workers are exposed to dangerous substances like silica dust and welding fumes These substances are known to cause a variety of serious health issues including mesothelioma lung cancer and chronic respiratory ailments Railroad companies KNEW that these chemicals were hazardous and could cause health issues However they did not safeguard their employees If you are an injured railroad worker its essential to speak with an attorney with experience in handling FELA cases In addition to the specific requirements of FELA there are also specific rules and procedures that must be followed in order to obtain the most money for your injuries Contact a FELA attorney immediately to protect your rights Employers are required to offer medical treatment A workers injury at work can be traumatic both emotionally and physically In certain instances injuries can be lifethreatening or fatal In these instances workers can claim compensation from their employer for medical expenses and lost wages However there are a few exceptions to this rule Employees in highrisk industries like railroads are subject to stricter safety regulations These employees are also governed under the Federal Employers Liability Act FELA Contrary to claims for workers compensation FELA claims can be based on the fault of FELA was passed by Congress back in 1908 It addresses the liability that rail carriers have to their employees who are injured in industrial accidents The law eliminated a lot of defenses that were available to commonlaw employers such as the employees assumption of risk and contributory negligence The law also allows juries to determine monetary awards based on comparative fault which differs from the predetermined benefit schedule in workers compensation It applies to anyone who is employed by a railroad corporation that operates trains or handles freight in interstate commerce This includes office workers contractors and temporary employees Additionally FELA also covers the spouses of those who die at work It also covers anyone who is injured at work This includes injuries that are traumatic such as broken bones or muscles that are pulled joints joint sprains and lacerations and other accidents This includes injuries caused by repetitive movements and occupational diseases like asbestosis fela settlements with experience can help you to file an appeal They can collect the evidence needed to support your claim including extensive medical evidence They can also help you negotiate with the insurance company in order to obtain an equitable settlement FELA claims resulting in injury or death due to an accident have a statute of limitations of three years This clock starts on the date of the accident or the date of the first discovery of disease For occupational diseases such as mesothelioma and cancer the statute of limitations can begin on the date of diagnosis It is important that injured railroad workers file a report of the incident or accident even when FELA doesnt require it This will enable them to get the best possible medical treatment and will provide them with a better understanding of the circumstances surrounding their injury It is also important to have photographs taken of any visible injuries prior to when they heal These precautions will help you make a convincing claim under the FELA