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Federal Employers Liability Act FELA Rail workers face a lot of dangers on the job This is among the reasons Congress passed the Federal Employers Liability Act FELA The law exempts employers from state workers compensation laws The law also allows for cash payouts to be determined by juries on the basis of negligence in a comparative manner Unlike workers comp laws FELA is a faultbased law In order to be awarded damages plaintiffs must prove that their employers negligence caused the injury It is a federal law The Federal Employers Liability Act FELA was passed in 1908 as a result of the high number of railroad accidents in the late 1800s and early 1900s The law permits injured railroad employees to sue their employers to recover compensation The law also excludes railroad employees from state workers compensation laws that would normally prevent them from suing employers Additionally FELA allows for more damages than the ones provided by workers compensation laws fela lawyers that operate interstate commerce are subject to the law This includes major Class I Class II and Class III railroads as small short line railroads that are connected to these major railroads In contrast to other tort laws FELA requires only that an employee demonstrate that their injury was caused by his or her employers negligence not that it was the sole reason for the injury Additionally FELA eliminates contributory negligence and assumption of risk as defenses against recovery Despite the fact that the railroad industry is wellknown for its inherent dangers there are still numerous accidents and even deaths that occur These injuries can result from a variety of reasons such as the failure of equipment negligence or inadequate safety standards It is crucial to employ an skilled FELA lawyer who will ensure you get the most of benefits FELA may cover traumatic injuries such as lacerations lacerations sprains and smashed bones It also covers occupational diseases like lung cancer asbestosis and hearing loss Additionally it covers the aggravation of existing conditions such as carpal tunnel syndrome and chronic obstructive lung disease The FELA was created to safeguard railroad workers from injuries on the job However this does not mean that its an alternative to workers compensation laws To be successful in a claim the employee has to prove that the employer was negligent or careless The negligence or carelessness caused the injury or death It is not always easy to prove negligence but an attorney can be of assistance It is an errorbased law The Federal Employers Liability Act allows railroad workers who suffer injuries at work to hold their employers responsible FELA differs from the laws governing workers compensation in that it requires employees to prove their employers negligence and that negligence led to their injury It is difficult to claim FELA benefits without a seasoned FELA attorney FELA was enacted in 1908 to provide compensation to railroad workers who were injured in the course of work It also requires employers to comply with safety rules The law is applicable to railway companies that are engaged in interstate or foreign commerce FELA cases may be filed in state courts by injured workers but the majority of cases are filed in federal courts In a FELA lawsuit an employee can recover damages for pain and suffering as well as lost wages medical expenses and permanent impairment A factfinder determines the amount of a monetary compensation award that is usually an appeal to a jury The jury will also take into consideration theories of comparative fault as well as assumption of risk Under FELA the employee is not required to prove that negligence on the part of railroads was the sole reason for their injury The FELA also applies to any injury that occurs in the course of employment This includes injuries that occur on the job as well exposure to toxic substances or other workrelated risks This is a significant distinction from workers comp which pays for onthejob injuries that are directly related to the actions of an employer There are also other laws that affect railroad workers There are laws that govern the Locomotive Inspection Act the Safety Appliance Act and rules governing train equipment tracks and rail yards A FELA lawyer can assist injured workers determine whether their injuries were the result of a violation or a law or regulation If the worker is found to be partly responsible for an injury or accident the amount they receive will be reduced by the percentage of blame they bear It is crucial that injured workers seek the assistance of a FELA attorney who has experience in this area It is a preemption law Employers across all industries are accountable to ensure the safety of their employees However certain jobs and industries could pose greater risk to workers than others As such those who work in highrisk areas are held to a higher standard of conduct Indeed certain jobs are so dangerous that they require special training and strict safety guidelines The Federal Employers Liability Act 45 USC 51 was passed in 1908 To bring a claim under FELA an injured railroad worker must show that their employer did not provide a safe working environment and that the failure resulted in the injury This differs from the laws governing workers compensation in the state that allow injured workers to claim compensation for injuries without proving negligence In contrast to workers compensation FELA requires that a plaintiff prove that the railroads negligence was the direct cause of their injury Additionally a jury can award damages that are several times more than the amount provided by state laws governing workers compensation The question of whether a claim by an injured employee falls within FELA isnt always obvious as this will be determined by an arbitrator at the beginning of the case However FELA does allow injured employees to sue their employers for negligence even when the employer is not accountable for the injuries It also exempts railway employees from state laws on workers compensation that would otherwise prevent the possibility of suing employers A lawsuit filed under FELA can be filed in a local or federal court Most FELA lawsuits are filed in federal courts No matter where the lawsuit is filed by law railroad workers who have been injured must be represented in court by a skilled lawyer The Lanier Law Firm has a long tradition of fighting for the rights of railroad workers injured This is why we have a vast experience dealing with FELA claims The FELA is a faultbased law therefore it is crucial for railroad workers injured to have a seasoned lawyer on their side This will ensure they receive the compensation they deserve Moreover an experienced lawyer will know the best strategies to use in these types of cases It is a statute of limitations The Federal Employers Liability Act FELA provides railroad workers with a legal basis to file lawsuits against their employers The law also exempts railroad employees from state laws on workers compensation which would otherwise prohibit them from filing suit It is essential that railroad workers who are injured know the statute of limitations for FELA claims so that they do not be late in filing their claims The FELA statute of limitations is three years from the time the cause of action arose Its important to be aware of this time period because if you do not start your lawsuit within the timeframe of three years youll lose your right to compensation This deadline is applicable to railroadrelated deaths and injuries Certain situations can make the statute of limitations more complicated For instance some illnesses require a long time to manifest themselves For instance if you are exposed to dangerous chemicals like asbestos or creosote that slowly contaminate your body you might not be diagnosed with a condition until several years later In this case you are bound by an expiration date that starts when you start experiencing symptoms and you are aware or know that your work as railway worker is the cause for your health Its a smart idea to engage an experienced lawyer as soon as you can if youre involved in a FELArelated incident A lawyer can help determine who is accountable and what evidence you will require to support your claim He can also begin examining the scene taking photographs as well as talking to witnesses and examining tools or equipment to determine if there are any hazards that could be the cause of your injury You can make sure you dont miss the FELA deadline by hiring an attorney immediately He will gather all the necessary evidence to support your claim and ensure that you receive compensation for your injuries He can also help you complete the complicated paperwork needed to start the FELA suit It is risky and stressful to to manage your claim on your own especially if the accident or loss is still fresh in your mind