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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA a law that protects railroad workers injured in accidents is unique Unlike workers compensation statutes FELA is a faultbased law that requires employers to demonstrate that their negligence played a part in the employees injury or illness FELA also covers cumulative trauma injuries which arent always caused by a particular incident This is why these claims need the attention of a skilled lawyer like David Paoli Employers Liability Railroad workers are at risk in unique ways with trains that move at high speeds and containing electrical and chemical dangers Therefore the Federal Employers Liability Act FELA is designed to offer railroad employees the right to fair compensation for injuries suffered onthejob David Paolis law practice focuses on representing railroad workers who have been injured for example those who have particular claims for cumulative trauma or injuries that occurred under FELA In contrast to workers compensation laws which provide compensation for workrelated injuries regardless of fault FELA is a faultbased law meaning that it requires proof that the railroads negligence was at least a part in producing the death or injury for which damages are sought It can be difficult to prove that a workers occupational injury or illness is due to the employers negligence The FELA requires that a jury discover an inherent connection between the injury suffered and the defendants actions But this is a far more expansive standard than that found in common law negligence principles A FELA lawyer with a lot of experience will be able to evaluate the evidence and determine if there is a causal link The FELA includes provisions that address the issue of assumption of risks However the courts have always held that an FELA case cannot be examined under the assumption of risk doctrine Employers of railroads can still use other common law negligence defenses even when the FELA does not allow the assumption of risk defense Employers could be sued for negligence in hiring or training employees failing to keep equipment safe and free from dangers and for failing to warn of known dangers The FELA also permits dualcapacity suits in which a company can be sued as both an employer and a producer of a defective product that has caused an employee to be injured or even die For instance asbestoscontaining items were used by railroads for many years Many employees suffered from debilitating illnesses after exposure to asbestos The FELA allows punitive damages to be awarded to nonemployees who suffered a wrongful demise or debilitating injury due to an occupational accident Responsibilities of Employers The Federal Employers Liability Act was adopted in 1908 by Congress as a result of the dangers of railroad work This law lays out a set of obligations for employers working on a railroad that is involved in commerce with foreign or interstate The law compensates workers who have been injured by the negligence of their employer The law also outlines the specific responsibilities of employers such as providing adequate supervision and training As a result of FELA and other workers compensation laws Many people who have suffered injuries due to the negligence of their employer are able receive the assistance they require It is important to remember that not all railroadrelated accidents qualify as FELA claims The law requires that workers demonstrate that the injury or loss was a direct result of their employers breach of duty To do this they must provide extensive evidence of the employers negligence and they must prove that their injury was the result of the negligence of the employer It is also important to note that FELA does not allow defenses of assumption of risk or contributory negligence In addition if an employee is found to have contributed to their own injury in any way any settlement or trial award will be reduced by the percentage of blame that they share Under FELA the law employers must ensure that their workplace is safe and instruct employees on how to operate equipment in a safe manner They also have to ensure that employees have access to medical care and that any injuries are reported as soon as they occur In addition they must provide enough time off for workers who are injured on the job to recover FELA is a comprehensive statute which allows railroad workers who have been injured to receive a higher amount of compensation than would be available under a standard workers compensation case Therefore if youve been injured at work it is recommended to speak with a Shreveport railroad injury attorney as soon as you can They can help you understand the distinctions between FELA and workers compensation and can offer the help you need to pursue maximum compensation Duty of Care for Employers It is the primary responsibility of an employer to provide a safe workplace for their employees This is called the employers non delegable duty of caring This duty is a concept of common law that supplements the statutory obligations of an employer Employers are required to ensure a work environment that is reasonably safe and to employ competent personnel to ensure the safety of workers The responsibility of care goes beyond the workplace and includes the actions of a company in the community and overseas In a globalized world disasters accidents and other unforeseeable events can have a direct impact on a companys business Companies must have plans for disaster preparedness to deal with all possible scenarios The plans must be regularly updated fela claims railroad employees is the employers responsibility to ensure that their property is free of hazards and that their employees arent to hazardous conditions Furthermore the duty of care entails an obligation to protect employees from the effects of exposure to toxic materials The duty of care also includes the obligation to ensure that employees have access to access medical treatment and other services A duty of care also requires that employers take steps to prevent injuries in the first instance This includes training workers in how to handle dangerous materials and ensuring they are aware of the risks they face It isnt always easy to define the concept of duty of care despite the fact that it is an important part of running a business While the term is commonly used by lawyers in court but its actually a complicated legal concept There are two kinds of duties of care legal obligations and ethical duties Ethics are the ones that are based on the morality of an individual while legal duties are those mandated by the government or created by law All businesses have the moral and legal obligation to protect their employees customers and anyone else visiting their premises In the absence of this they could have serious consequences including litigation and fines Damages Railroad workers put their lives at risk every day to ensure trains are running on time FELA offers compensation for workrelated injuries despite all efforts It is important for railroad workers injured to be aware of the process by which FELA claims can be filed and the damages they are entitled to Although the law can seem complex an experienced FELA attorney can provide valuable assistance in understanding the law and filing an claim Under the FELA damages are able to include pain and discomfort medical expenses loss of earnings future loss of earning and funeral expenses The law permits the compensation for these damages when the victim can prove that they suffered injury due to an employers negligence or a violation of federal safety laws Contrary to workers compensation FELA law allows for recovery of damages in the event of comparative negligence instead of the benefit schedule prescribed by law Injured railroad workers can also recover the costs of their medical treatment as well as future treatment This includes all medical expenses related to the injury This includes medication physical therapy and any equipment needed to help a person recover This could be a significant amount of money and is an essential component of any FELA claims Workers compensation laws vary according to state however the FELA is a federal law that establishes uniform distribution of cases across the country No matter where the case is brought it will be heard in the court of competent jurisdiction Any railroad worker injured and who believes they are entitled to a FELA claim should talk to an experienced lawyer as soon as they can The earlier you talk to a lawyer the better the odds that your claim will be successful The inhouse team at a railroad will fight to prevent the worker from receiving an equitable settlement It is crucial that the injured worker have an experienced and skilled advocate on their side A knowledgeable FELA lawyer can help ensure that the claim is properly filed and within the statute of limitations