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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is a unique law that protects injured railroad workers Unlike workers compensation statutes FELA is a faultbased law that requires employers to prove that their negligence played a part in the employees injury or illness FELA covers cumulative trauma injuries that are not always the result of a specific incident This is why these claims require the attention of an experienced attorney like David Paoli Employers are liable Railroad workers are in danger in a unique way as trains travel at high speeds and are prone to chemical and electrical hazards Therefore the Federal Employers Liability Act FELA is designed to give railroad employees fair compensation for injuries sustained during their work David Paolis legal practice focuses on representing railroad employees who have been injured including those who have injuries that have been cumulative or in specific incidents of injury that are filed under FELA In contrast to workers compensation statutes which provide compensation for injuries sustained on the job regardless of fault FELA requires proof that railroad negligence was at least partially responsible for the injury or death that is sought It is not easy to prove that a workers workplacerelated illness or injury is due to the employers negligence The FELA requires a jury to find that there was an inherent connection between the victims injuries and the defendants behavior But this is a far broader standard than one found in common law negligence principles A FELA lawyer with years of experience will be able to analyze the evidence and determine if there is a causal link Additionally the FELA also includes provisions to address issues of assumption of risk However courts have consistently ruled that an FELA case cannot be examined under the assumption of risk doctrine Railroad employers can use other common law negligence defenses even when the FELA excludes assumption of risk defenses They can be based on negligence in hiring or training of employees or in the failure to maintain equipment adequately secure and free of hazards and failure to inform employees of known dangers In addition to that the FELA permits dualcapacity suits in which the employer is sued both as a manufacturer and employer of a product that causes an employee to be injured or even killed For example asbestoscontaining products were utilized by railroads for several years This meant that many workers were exposed to dangerous asbestos and suffered debilitating diseases The FELA also permits punitive damages to nonemployees such as family members who suffered fatal injury or death due to an employees workrelated accident or illness Responsibilities of Employers The Federal Employers Liability Act was passed in 1908 by Congress as a result of the risks associated with railroad work This law establishes the obligations of employers working on a railway that is involved in commerce with foreign or interstate The law compensates workers who have been injured as a result of their employers negligence It also outlines a number of additional specific responsibilities for employers including providing sufficient training and supervision Many people who have been injured because of the negligence of their employers can receive the assistance they need due to FELA However it is important to keep in mind that not every incident that involves a railroad worker is eligible as an FELA claim Workers must prove that their loss or injury resulted from the employers breach To prove this they must provide sufficient evidence of the employers negligence and they must show that their injury was caused by the negligence of the employer It is important to note that FELA does not permit defenses in the context of assumption of risk or contributing negligence Additionally should an employee be found to be responsible for their own injury in some way any settlement or trial award will be reduced by the percentage of fault that they contribute to the injury To ensure compliance with FELA employers must ensure that employees are properly trained to safely operate equipment and maintain safe working conditions They must also ensure that employees have access to adequate medical treatment and ensure that any injuries are reported as soon as they occur Additionally they should provide enough time off for employees injured while on the job to recuperate FELA is a comprehensive statute which allows railroad workers injured to receive a higher amount of compensation than what is offered under a standard workers compensation case If youve suffered an injury at work it is a good idea for you to speak with a Shreveport rail injury lawyer as soon possible They can help you understand the distinctions between FELA and workers compensation and can provide the assistance you require to seek maximum compensation Employers Duty of Care It is an important duty of a company to provide a secure workplace for their employees This is known as an employers nondelegable duty of care This duty is a common law concept that is in addition to an employers statutory obligations It requires employers to maintain an environment that is reasonably safe and provide competent personnel to ensure the safety of workers The responsibility of care extends beyond the confines of the workplace and extends to the actions of a business in the community and overseas In a globalized world disasters accidents and other unexpected events could have a direct effect on the companys operations Companies must have plans for disaster preparedness in place to deal with all possible scenarios These plans must be regularly updated It is the responsibility of the employer to ensure that their property is free of dangers and that their employees arent to hazardous conditions The duty of care includes the responsibility to safeguard employees from the harmful effects of toxic materials Additionally fela case settlements of care encompasses the requirement to ensure that employees have access to medical care and other health services Additionally an employers duty of care requires that it take actions to prevent injuries from happening in the first place This includes training workers in how to handle dangerous materials and ensuring they are aware of the dangers they face While a duty to care is a fundamental aspect of business it can be difficult to define Although the term is frequently used by lawyers in court however it is actually a complex legal concept There are two types of duties of care ethical duties and legal duties Ethical duties are those that stem from an individuals morality while legal duties are those imposed by the government or established through statute No matter the nature of the duty each business is under a legal and moral obligation to protect their employees customers and anyone else who comes to their property In the absence of this they could have serious consequences such as litigation and fines Damages Railroad workers put their lives in danger every day to keep trains running on time FELA provides compensation for workrelated injuries despite all efforts It is essential for railroad workers injured to know the process by which FELA claims can be filed and the damages they could be able to recover An experienced FELA lawyer can help you know the law and make claims Under the FELA damages can be categorized as discomfort and pain medical expenses lost earnings as well as future loss of earnings and funeral expenses The law allows for compensation for these damages if a worker can prove that they were injured due to an employers negligence or violation of federal safety regulations Contrary to workers compensation the FELA law permits the recovery of damages in the event of comparative negligence rather than the statutory benefit schedule Railroad workers who are injured can also claim past and future medical expenses This includes all medical expenses relating to the injury This includes medical treatment physical therapy and any equipment required to help a person recover This could be a significant amount of money and is an important part of any FELA claim Workers compensation laws vary from states to states however FELA is a national law that guarantees a uniform distribution of cases across the nation No matter where the claim is filed it will be considered by a court with competent jurisdiction A railroad worker who has been injured and believes that they are entitled to an FELA lawsuit should seek out an experienced lawyer as quickly as possible The earlier a lawyer can be consulted the more likely that the claim will be successful The railroad will have an inhouse legal team that will fight to stop the worker from receiving a fair settlement and it is imperative that the injured worker has a knowledgeable and skilled advocate by their side An experienced FELA lawyer can help ensure that the claim is filed in a timely manner and within the time of limitations