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Federal Employers Liability Act The high risk of injury and death in railroad jobs prompted Congress to adopt the Federal Employers Liability Act FELA in 1908 FELA drastically changed the law of common practice allowing injured employees to seek compensation without having to prove the negligence of their employer They are also able to submit a claim without worry of losing their job or being victimized by their employer Compensations under FELA can cover a variety of things including past and future medical treatments and loss of wages as well as pain and suffering and emotional anxiety Employers are accountable for providing a safe working environment An employer is required to provide a safe work environment If they fail to meet this duty they could be held responsible for any losses or injuries that could occur They also have to educate their employees and check the workplace to ensure there are no dangers or unsafe conditions They also have a duty to equip their employees with proper tools and safety gear If an employee of a railroad is injured they may file a claim against their employer to recover compensation under the Federal Employers Liability Act FELA Congress adopted FELA 1908 to combat the high rate of accidents that occur in the rail industry and promote uniform rules and practices for railroad equipment and procedures It is the exclusive remedy for most claims against railroad employers and can be brought in state or federal court It includes any loss or injury that occurs while working for a railroad It includes both traumatic injuries as well as toxic exposures The term reasonably safe is defined as any condition that isnt likely to cause a worker severe harm However what is considered to be safe depends on the circumstances of a particular case To be deemed responsible an employer must have knew or should have known that the work environment was unsafe and failed to correct the situation Rail workers who are injured can receive a variety damages including medical expenses and lost wages Additionally the law allows punitive damages in order to punish the companys negligence The law applies to all railway employers who engage in interstate commerce as well as all of their employees including engineers conductors brakemen firemen machinists yardmasters bridge and construction workers pipefitterssheetmetal workers and signal maintainers The law provides compensation for not just traumarelated injuries but also for occupationalrelated diseases like mesothelioma lung cancer or It also covers preexisting conditions that are aggravated by asthma and hearing loss To be eligible for a FELA suit the plaintiff must demonstrate that the injury or loss was caused by the employers negligence and that the plaintiff is not the sole responsible party for the damage In addition the plaintiff must prove that the injury occurred in the course of employment and that they are not an independent contractor Employers have a duty to train employees FELA or the Federal Employers Liability Act was enacted in 1908 It allowed railroad workers who were injured on the job to sue their employers In contrast to the state laws on workers compensation FELA allows victims to get compensation for suffering and pain FELA claims also can be able to recover damages that are much higher than those granted under state laws governing workers compensation Among other things it requires railroads to provide workers with safe working conditions and adequate training The law also requires that the workplace be inspected for any dangers to safety It is important to be aware of this obligation Failure to comply may result in penalties The law also stipulates an obligation to educate new employees and ensure that all employees have a thorough knowledge of the companys safety policy The FELA was passed to pay compensation to railroad workers who have been injured and their families It also provides a legal basis for lawsuits against railroad companies as well as their agents servants and employees FELA also exempts railroad employees from state laws on workers compensation which typically prevent railroad workers who are injured from suing their employers To prevail in a FELA lawsuit the plaintiff has to prove either negligence in the common law or that the railroad acted recklessly In addition to the duties mentioned above FELA also requires railroads establish a set of safety standards and rules This includes an obligatory safety board that must be constituted by the railway carrier a comprehensive employee training program and regular safety inspections of equipment The FELA prohibits certain defenses such as assumption or risk and contributory negligence Despite these obligations the vast majority of railroad accidents are the result of worker error Additionally a lot of the injuries suffered by railroad workers are preventable If you have been injured on an railroad its crucial to consult a skilled lawyer This LibGuide is intended to serve as a study supplement for Villanova Law School students and is not legal advice Employers are obliged to conduct an inspection of their workplace Railroad employers in Virginia as well as across the nation are also subject to additional responsibilities under the Federal Employers Liability Act They are required to inspect their workplaces regularly for hazardous conditions and then fix or warn workers of them They should also provide their employees with the necessary tools and equipment to complete their tasks safely FELA is a law that offers compensation to railroad workers injured while on the job It was enacted in 1908 and it allows injured employees to sue their employer for damages including medical expenses lost wages and pain and suffering However unlike workers compensation laws the FELA requires railroad workers who are injured to prove that their injuries was due to the negligence of the employer Railroad workers are exposed to harmful substances such as silica dust and welding fumes These substances are known to cause a variety of serious health issues that include mesothelioma and lung cancer and chronic respiratory illnesses The railroad companies KNEW that these chemicals were hazardous and could cause health issues However they did not safeguard their workers It is crucial to seek out a lawyer who has expertise in FELA cases if youre injured by a railroad worker In addition to the specific requirements of FELA There are specific rules and procedures that must be followed to receive the most money for your injuries Contact a FELA attorney immediately to safeguard your rights Employers are required by law to provide medical care A workers workplace injury can be devastating both emotionally and physically In some cases injuries they could be fatal or lifethreatening In these cases employees have the right to claim compensation from their employer for medical expenses and lost wages There are exceptions to the rule fela lawsuit settlements in highrisk industries like railroads are subject to stricter safety rules These employees are also covered by the Federal Employers Liability Act or FELA Unlike workers compensatory insurance FELA claims are faultbased FELA is a statute that was passed by Congress in 1908 It addresses the liability that rail carriers have to their employees who are injured in industrial accidents The law eliminated many of the defenses available to common law employers including the assumption of risk by employees and contributory negligence The law also allows juries to make financial awards based on the comparative fault which differs from the benefit schedule that is predetermined in workers compensation Anyone who works for a railroad that runs trains or handles interstate freight is covered This includes office workers contractors and temporary employees FELA covers spouses of workers who are killed on the job It also covers any person who is injured at work This includes injuries that are traumatic like broken bones pulled muscle joint sprains and lacerations This includes injuries resulting from repetitive motions and occupational diseases such as asbestosis A seasoned FELA lawyer can assist you in filing a claim for damages They will be able to gather the required evidence to support your claim including extensive medical documentation and expert testimony They can also assist you in reaching out to the insurance company to negotiate an equitable settlement FELA claims resulting from death or injury due to an accident are subject to an expiration date of three years This clock starts at the time of the accident or date of discovery of the disease For occupational illnesses like mesothelioma and cancer the statute could begin at the time of diagnosis or when symptoms became disabling It is important that railroad workers injured submit a written report of the incident or accident even though FELA doesnt require it This will ensure they receive the best medical care available and will give them a better picture of their injury It is crucial to take photographs of any visible wounds before they heal These precautions can help you make a convincing claim under the FELA