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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is a law that is unique in its protection of railroad workers who are injured In contrast to workers compensation statutes FELA requires employers to demonstrate that their negligence contributed to the injury or illness of an employee FELA covers cumulative trauma injuries that are not always caused by a specific incident This is why these claims require the attention of a skilled attorney such as David Paoli Employers Liability Railroad workers are subject to special dangers due the high speed of trains as well as chemical and electrical hazards As a result the Federal Employers Liability Act FELA is designed to provide railroad workers with fair compensation for injuries sustained while on the job David Paolis law practice focuses on representing railroad employees who have suffered injuries including those with particular claims for cumulative trauma or injuries that occurred under FELA Contrary to the workers compensation laws which provide compensation for injuries sustained at work regardless of fault FELA requires proof that railroad negligence was at most partially responsible for the injury or death that is sought It isnt always easy to prove that an employees occupational injury or illness is the result of an employers negligence The FELA requires a juror to find an inherent relation between the injury that was sustained and the defendants behavior This is a broader norm than the one found in common law negligence laws A FELA lawyer with years of experience can analyze the evidence and determine if there is an inherent relationship Additionally the FELA also contains provisions that address issues related to assumption of risk However courts have consistently ruled that a FELA case cannot be tried using the doctrine of assumption of risk While the FELA could exclude the assumption of risk defense but other common law negligence defenses can still be raised by railroad employers These include negligence in the hiring or training of an employee the failure to keep equipment reasonably secure and free of hazards and the failure to warn of known risks The FELA also permits dualcapacity lawsuits where an employer could be sued as an employer as well as a manufacturer of a defective product that has caused an employee to get injured or die Railroads for instance employed asbestoscontaining products for a long time Many employees developed debilitating diseases due to exposure to asbestos The FELA allows punitive damages to be awarded to nonemployees who have suffered an unjustlydeceased death or a debilitating injury due to an occupational accident 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 sets out the obligations of employers working for a railroad that is involved in international or interstate commerce The law compensates workers who are injured due to the negligence of their employer It also sets out several specific obligations for employers including providing adequate training and supervision Due to FELA and other laws governing workers compensation Many people who have been injured by the negligence of their employer are able to receive the assistance they require It is crucial to keep in mind that not all railroadrelated accidents are eligible as FELA claims Workers must prove that their injury or loss was caused by the employers breach To prove this they must provide extensive evidence that the employer was negligent and they will also have prove their injury as the result of the negligence It is important to remember that FELA does not allow defenses in the context of the assumption of risk or contributing negligence Additionally when an employee is found to have contributed to their own injury in a way any settlement or trial award will be reduced by the proportion of fault that they have to share To comply with FELA employers must ensure that their employees are taught how to safely operate equipment and to ensure that working conditions are safe They must also ensure that employees have access to medical care and must ensure that any injuries are reported promptly In addition they must give enough time off to workers who are injured at work to heal FELA is a comprehensive law that allows injured railroad workers to receive much greater compensation than they are entitled to under the standard workers compensation case Therefore if youve been injured on the job it is a good idea to talk with an Shreveport railroad injury lawyer immediately if you can They can help you be aware of the differences between FELA as well as workers compensation and other forms of compensation Employers Duty of Care One of the most important duties an employer is to provide a safe environment for employees to work This is called the employers nondelegable obligation of caring This duty is a concept of common law that is a supplement to the statutory obligations of an employer Employers are required to ensure a system of work that is reasonably safe and provide competent personnel to ensure the safety of workers The obligation of care extends outside the workplace and includes the actions of a company in the community and abroad In a globalized world catastrophes accidents and other unpredictable events can directly impact a companys operations Companies should have plans for disaster preparedness to deal with all possible scenarios fela lawsuits need to be updated regularly It is the job of the employer to ensure that their premises are free of dangers and that their employees are not exposed to dangers Furthermore the duty of care also includes the obligation to shield employees from the effects of exposure to toxic materials Additionally the duty of care also includes the requirement of ensuring that employees have access to medical treatment as well as other health services A duty of care also requires that employers take steps to prevent injury in the first place This includes teaching employees how to handle hazardous materials and ensuring that they are aware of the dangers associated with them Although a duty of care is a crucial aspect of business but it can be difficult to define The term is used by lawyers to define the legal concept of a complex There are two types of duties of care ethical duties and legal obligations Ethical duties are those that are based on the morality of an individual while legal duties are those mandated by the government or created by statute Regardless of the nature of the obligation all businesses have an obligation of moral and legal to protect their employees customers and everyone else who enters their property In the absence of this they could result in serious consequences like litigation and fines Damages Railroad workers put their lives in danger every day to keep trains running on time Despite these efforts accidents do happen and FELA is the sole source of compensation for injuries sustained during work It is essential that railroad workers who are injured be aware of the process by which FELA claims are filed and what damages they can recover Although the law might appear complicated a knowledgeable FELA attorney can provide invaluable guidance in understanding the laws and filing claims The types of damages that can be recovered under FELA include pain and suffering medical expenses as well as lost wages the possibility of loss of earnings and funeral costs The law permits the recovery of these damages when the victim can prove that they suffered injury due to an employers negligence or a violation of federal safety statutes Contrary to workers compensation the FELA law allows for the recovery of damages in the event of comparative negligence rather than the benefit schedule prescribed by law Railroad workers who have been injured are also able to recover past and future medical costs This includes all medical costs related to the injury including medication physical therapy and any other equipment required for the recovery of a worker This could be a significant amount of money and is an essential element of any FELA claim Workers compensation laws vary by state but the FELA is a federal law that ensures uniform distribution of cases across the United States No matter where the claim is filed it will be heard by a court that has jurisdiction Any injured railroad worker who believes they are entitled to a FELA claim should speak with an experienced lawyer as soon as is possible The sooner you speak with an attorney the better the chances are that your claim will be successful The railroad will have an inhouse legal team fighting to prevent the worker from receiving a fair settlement and it is imperative that the injured worker has a seasoned and knowledgeable advocate on their side An experienced FELA attorney can ensure that the claim is properly filed and within the time of limitations