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Federal Employers Liability Act Railroad workers arent protected by state laws governing workers compensation instead they are protected by a set of federal laws called the Federal Employers Liability Act FELA FELA allows railroad workers injured to sue their employers for damages In order to win a lawsuit under FELA you must prove that your injury resulted from negligence or in violation of a federal safety law such as the Power Brake Law or Safety Appliance Act FELA Compensation The Federal Employers Liability Act FELA provides compensation to those who are injured on the job Its a law based on fault that permits damages that go above those offered by the standard laws for workers compensation However there are distinct rules and procedures involved in FELA cases making them more complicated than other kinds of personal injury cases FELA claims are filed in federal courts which means attorneys must be familiar with the state tort law and federal laws when representing their clients Unlike workers comp laws which provide benefits regardless of fault FELA requires that the injured worker prove that their employer was negligent in creating the accident The FELA was created to prevent railroad employers from attempting to avoid responsibility for injuries or deaths caused due to their negligence If there is an injury caused by a railroad defect the FELA provides monetary compensation in addition to any benefits received under state workers law It is crucial for railroad workers who have been injured to seek immediate medical attention following an accident In addition to being vital for their physical health this step can aid in building an argument against the railroad if they get injured again They must also notify their employer as soon as they can Injured railroad workers have the right to file a FELA claim without fear of retaliation It is unlawful for railway companies to fire or discipline employees that file a FELA claims It is also unlawful to discriminate employees based on their involvement in legal proceedings related to workplace accidents FELA cases cover a wide range of injuries ranging from catastrophic train accidents to repetitive stress injuries Workers who are not seriously injured but suffer from cumulative trauma could be involved In contrast to workers compensation FELA claims allow injured railroad workers to receive compensation for their suffering and pain and also for lost wages Fortunately FELA lawyers are able to assist their clients in obtaining compensation FELA Benefits All employers have a responsibility to ensure that their employees are safe in the course of their work Businesses with high risk industries must adhere to higher standards of safety As such they must offer more compensation to workers injured on the job in comparison to businesses with lower risk In order to ensure that employees are able to receive adequate compensation in the event of a workplace injury Certain federal agencies have passed laws that allow them to sue their employer for damages in the case of an accident One of them is the Federal Employers Liability FELA It was passed in 1908 as a response to the alarming numbers of railroadrelated deaths that occurred during the latter part of the 19th century and the early 20th century FELA allows railroad workers to sue their employers in the event of injury and also grants workers the right to recover cash compensation that is greater than the amount provided by traditional workers compensation claims Unlike workers comp where an injured employee only needs to prove the injury was at work FELA requires that employees prove that their injuries are directly related to their work This is especially crucial since certain injuries might not be apparent immediately like a recurring injury like carpal tunnel syndrome In addition to the right of injured workers to seek damages FELA also provides protection against workplace retaliation FELA prohibits employers from retaliating against employees who submit complaints To safeguard their rights it is essential that workers understand their rights and seek assistance of an FELA attorney When submitting the FELA claim the injured worker should first seek medical treatment The injured worker should contact an attorney to schedule a consultation and discuss their case An attorney can help injured workers to determine what they are entitled to and how they can obtain them fela attorneys include compensation for lost wages loss of earnings pain and suffering disfigurement disability and emotional distress The compensation awarded under FELA goes beyond paying medical bills and lost wages That is why its so important for injured workers to receive the assistance they require by working with an experienced FELA attorney FELA Statute FELA is federal law that grants railroad workers the right to claim compensation from their employers in the event of injury while at work Contrary to workers compensation which provide benefits regardless of the cause FELA claims are based on the concept of negligence and establishes a higher standard for employer liability This complex and unique set of rules makes FELA claims more complicated than other kinds of injuries that require employment It requires the expertise of a lawyer who is familiar with the law Whether or not an employee is covered under FELA depends on the scope of their duties and whether their duties require them to be involved in interstate commerce The law covers anyone who works for an railroad that transports freight or passengers across state lines This includes employees such as conductors brakemen and engineers Additionally the railroad that operates within the confines of one city but grants trackage rights to other companies who are involved in interstate commerce could be covered by FELA A railroad company may be held accountable for workers injuries under FELA when the injury results 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 has violated one or more of these laws and that the violation contributed to or caused their injury When an injured worker wins a FELA case they could receive compensation for a variety of injuries and associated expenses These include medical bills and lost wages as well as emotional distress They can also be compensated for the loss of future earnings potential as well as aggravation due to preexisting ailments As a highrisk business the railroad industry is held to higher safety standards than many other industries Railroad workers who have suffered injuries should seek legal assistance of an experienced FELA attorney who can help them receive the maximum amount of compensation for their losses FELA Attorneys Railroad switches and signalling are essential safety mechanisms to stop deadly collisions between trains If you were injured due to a malfunctioning signal or switch or any other negligence of your employer you could be legally entitled to compensation This is covered under the Federal Employers Liability Act FELA A FELA lawyer is familiar with this specialized area of law and can help you fight to get the financial compensation you deserve A FELA lawyer will review your case thoroughly and identify any negligence that caused the injury They will explain to you the legal process which includes filing a lawsuit or negotiating a settlement With this information in hand they will create a tailored legal strategy that takes into account the specific details of your case and the specific negligence that was identified If youre in search of an FELA lawyer choose one that has a track record of success when representing clients who have FELA claims Review testimonials from past clients or peer endorsements as well as professional recognitions to find out more about the attorneys experience You can also request a list with references from former clients Choose an attorney who has an attorneys license to practice law in your state They are better equipped to comprehend local laws and more willing to meet in person FELA actions are different from workers compensation cases because they are based on fault and filed in federal courts This makes it more challenging to prove your claim To win a FELA claim you have to prove that the negligence of your employer caused your injuries To prove this it is important to be familiar with the tort law principles The complexity of FELA might seem overwhelming but the correct legal team will work to ensure you get the compensation that you deserve A FELA attorney with experience can take care of your case collect the evidence negotiate with the railroad companys settlement and also represent you in court if required Contact an FELA lawyer to schedule a nocost consultation The sooner you get in touch with a FELA attorney and the greater your chances are of obtaining the money needed to cover medical costs as well as lost wages suffering