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Federal Employers Liability Act In 1908 Congress passed the Federal Employers Liability Act FELA A law that aimed to protect railroad workers from injury and death FELA changed the law of common law by allowing injured workers to seek damages even when their employer was not negligent They can also file a claim with no worry about losing their job or being retaliated against by their employer Compensations under FELA can be used to pay for the cost of future and past medical treatment lost wages emotional distress as well as pain and suffering Employers are responsible to provide a safe work environment An employer has a duty to provide a safe working environment and if they fail in this obligation they could be held responsible for any losses or injuries that might occur They also have a duty to ensure that their employees are properly trained and inspect the workplace for any dangers or unsafe conditions In addition they have a duty to provide their workers with proper equipment and tools If a railroad employee is injured he or she may file a claim to compensation against the employer under the Federal Employers Liability Act Congress passed FELA in 1908 to address the high accident rates in the railroad industry and promote uniform rules for railroad equipment and practices It is the exclusive remedy for all claims against railroad employers and is enforceable in either state or federal court It covers any injury or loss that results from 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 serious injury What is considered to be safe is contingent on the specific circumstances of the case To be held accountable the employer must have known or be aware that the workplace was unsafe and failed to correct the situation Rail employees who are injured may receive a range of compensation including medical expenses and lost wages In addition the law permits punitive damages to punish the companys negligence The law applies to all railway employers that are involved in interstate commerce and all of their employees including engineers conductors brakemen firemen machinists yardmasters bridge construction workers pipefitterssheetmetal workers and signal maintainers In addition to injuries from traumatic causes in addition the law covers compensation for occupational illnesses such as mesothelioma and lung cancer fela lawsuit settlements covers preexisting conditions that are aggravated by the injury such as hearing loss and asthma To be eligible for a FELA lawsuit the plaintiff must prove that their injury or loss resulted from an employers action and that they were not the sole cause of the injury In addition the employee must prove that the incident was a result of their work and that they were not an independent contractor Employers are required to educate employees FELA also known as the Federal Employers Liability Act was passed in 1908 It permitted railroad workers who were injured at work to sue their employers Unlike state laws governing workers compensation FELA allows victims to get compensation for suffering and pain Furthermore it is possible that a FELA plaintiff can seek damages that are many times more than those given in a state worker compensation claim In addition the law requires railroads to provide workers with safe working conditions and appropriate training It also imposes an obligation to inspect the work area for potential safety hazards This is a duty which must be viewed seriously Failure to adhere to this obligation may result in penalties The law also requires the obligation to educate all new employees and ensure that they are aware of the companys safety protocol The FELA was passed to compensate injured railroad workers and their families It also provides a legal basis for lawsuits against railroad companies and their servants agents and employees FELA also exempts railroad employees from state laws on workers compensation which would normally prevent railroad workers who are injured from being able to sue their employers In order to be successful in a FELA claim the plaintiff must show common negligence under the law or that the railroad acted in a grossly negligent way In addition to the duties mentioned above FELA also requires railroads to establish safety standards and rules The railroad operator must establish a mandatory safety committee establish an extensive employeetraining program and conduct regular safety inspections The FELA also restricts the use of certain defenses including the assumption of risk and contributory negligence Despite these obligations the vast majority of railroad accidents are caused by workers error A lot of the injuries railroad workers suffer are avoidable If youve been injured while working on the railroad it is important to consult an experienced lawyer This LibGuide was designed as a study aid for Villanova Law School Students and is not legal advice Employers have a duty to conduct an inspection of their workplace In addition to complying with 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 check their workplaces frequently for dangerous conditions and either fix or warn workers of these They also have a responsibility to provide workers with the tools and equipment needed to do their job in a safe manner FELA is a law that offers compensation to railroad workers injured while on the job It was passed in 1908 and allows injured workers to sue their employers for damages like medical bills lost wages and pain and suffering In contrast to workers compensation laws however the FELA requires injured rail workers to prove that their injuries were caused by the negligence of their employer Railroad employees are constantly exposed to dangerous substances like asbestos diesel exhaust silica dust creosote welding fumes and These chemicals have been linked to a number serious health issues including mesothelioma and lung cancer The railroad companies KNEW the dangers of these substances and could cause health issues However they did not take precautions to protect their employees It is crucial to seek out an attorney with experience in FELA cases if you are a railroad worker injured In addition to the specific requirements of FELA there are also specific rules and procedures to be followed to receive the most compensation for your injuries Contact an FELA attorney as soon as you can to ensure your rights are protected Employers have a responsibility to provide medical assistance An injury at work can be devastating both mentally and physically In some cases injuries can be fatal or lifethreatening In these instances workers can claim compensation from their employer for medical bills and lost wages There are some exceptions to the rule For instance employees working in highrisk industries like railroads are required to adhere to stricter safety guidelines They are also subject to the rules under the Federal Employers Liability Act FELA Unlike workers compensation FELA claims are faultbased FELA was approved by Congress in 1908 It addresses the responsibility of rail carriers to their employees for industrial accidents The law ended many of the defenses that were offered to common law employers such as the employees assumption of risk and contributory negligence The law also permitted juries to make the amount of money awarded based on comparative fault which is different from the predetermined benefit schedule in workers compensation Anyone working for a railroad company that operates trains or handles interstate freight is covered This includes contractors temporary workers and office workers Additionally FELA also covers the spouses of those who die in the course of their work It also covers anyone who suffers an injury at work This includes traumatic injuries such as broken bones or muscles that are pulled joint sprains lacerations joint sprains and other injuries These include injuries caused by repetitive movements as well as occupational diseases such as asbestosis A seasoned FELA attorney can help you file a claim for damages They can collect the evidence needed to prove your claim including extensive medical records They can also assist you in reaching out to the insurance company to negotiate a fair settlement FELA claims that result in the death or injury of a person due to an accident are subject to the statute of limitations of three years This clock begins on the date of the accident or the date the illness was discovered For occupational diseases such as cancer or mesothelioma the statute can start from the date of diagnosis It is important that injured railroad workers submit a written report of the incident or accident even when FELA doesnt require it This will allow them to receive the best medical care available and provide a clearer picture of their injury It is also important to have photographs taken of any visible injuries before they heal These steps will allow you to establish a strong claim under the FELA