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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is a unique law that protects railroad workers who have been injured Unlike workers compensation statutes FELA is a faultbased statute that requires employers to prove that their negligence played a part in the employees injury or illness FELA covers cumulative trauma injuries that are not always caused by a specific incident David Paoli an experienced attorney is the best person to handle these claims Employers Liability Railroad workers face particular dangers due to the speed of trains and electrical and chemical dangers This is why the Federal Employers Liability Act FELA is designed to give railroad employees an equitable amount of compensation for injuries they sustain while on the job David Paolis law practice is focused on representing railroad employees who have been injured for example those who have particular claims for cumulative trauma or incident injury cases filed under FELA Contrary to the workers compensation statutes which provide compensation for workrelated injuries regardless of fault FELA is a faultbased law meaning that it requires evidence that the railroads negligence played a role in causing the injury or death for which damages are sought The process of proving that an employees illness or injuries are due to negligence by the employer can be a challenge The FELA requires jurors to discover an inherent relationship between the injury suffered and the defendants conduct However this is a far higher standard than the one that is 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 an inherent connection Additionally to this the FELA also includes provisions to address issues related to assumption of risk However courts have consistently held that an FELA action cannot be examined under the assumption of risk doctrine While the FELA might not allow defenses against assumption of risk however other common law negligence defenses may be brought by railroad employers They can be based on negligence in the hiring or training of an employee the failure to keep equipment reasonably safe and free of dangers and inability to warn of the dangers In addition to that the FELA permits dualcapacity suits where the employer is sued both as an employer and manufacturer of products that cause an employee to be injured or killed Railroads for instance used asbestoscontaining products for many years As a result many employees were exposed dangerous asbestos and developed chronic illnesses The FELA also allows for punitive damages to nonemployees like family members who suffered a wrongful death or debilitating injuries caused by an employees workplace accident or illness Responsibilities of Employers The Federal Employers Liability Act was adopted in 1908 by Congress in response to the dangers of railroad work This law establishes the obligations of employers who operate on a railroad that is involved in interstate or foreign commerce railroad injury fela lawyer offers compensation to workers who are injured due to their employers negligence The law also defines certain other specific obligations of employers including providing adequate supervision and training As a result of FELA and other laws governing workers compensation many people who have been injured due to the negligence of their employer are able to get the help they need However it is crucial to remember that not every accident involving a railroad worker qualifies as a FELA claim The law requires that employees prove that their injury or loss was directly a result of the negligence of their employer To be able to do this they have to provide sufficient evidence of the employers negligence and they must demonstrate that their injury was caused by the negligence of the employer It is important to know that FELA does NOT allow the defenses based on assumption of risk or contributing negligence Additionally when an employee is found to be responsible for their own injury in some way any settlement or trial award will be reduced by the percentage of blame that they contribute to the injury Under FELA the law employers must ensure safe working conditions and instruct employees on how to operate equipment safely They must also make sure that employees have access to adequate medical treatment and ensure that any injuries are reported as soon as they occur They must also give injured workers enough time to heal FELA is a comprehensive law that allows railroad workers who are injured to receive much more compensation than they are entitled to under the standard workers compensation claim As such if youve been injured on the job its a good idea to talk with an Shreveport railroad injury lawyer as soon as possible They can assist you to understand the differences between FELA and workers compensation and other types of compensation Duty of Care for Employers It is an important duty of employers to provide a safe workplace for their employees This is called the employers nondelegable obligation of care This is a principle of common law which supplements the legal obligations of an employer It requires employers to have an operating system that is reasonably safe and to provide competent personnel to ensure the workers security The duty of care extends beyond the confines of the workplace and extends to the actions of a companys employees in the community and internationally In a globalized society disasters accidents and other unforeseeable events may affect a business Businesses must have plans for disaster preparedness in place to cover all scenarios These plans should be updated regularly It is the responsibility of the employer to ensure that their premises are free of hazards and their employees arent to dangers The duty of care also includes the obligation to protect employees from the harmful effects of toxic materials The duty of care includes the obligation to ensure that employees can access medical treatment and other services In addition the employers duty of care demands that it take steps to prevent injuries from happening in the first place This includes teaching employees 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 nebulous legal concept There are two kinds of obligations of care ethical duties and legal obligations Ethical duties come from a persons morality Legal obligations are created or imposed by law 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 be a serious issue including lawsuits and fines Damages Railroad workers risk their lives every day to keep trains running on time FELA provides compensation for workrelated injuries despite every effort Understanding how FELA claims are filed and the different types of damages that can be recouped is essential for any railroad worker injured Although the law might seem complicated a skilled FELA attorney can provide valuable assistance in understanding the law and filing claims Under the FELA damages can include discomfort and pain medical expenses loss of earnings and future loss of earnings and funeral expenses The law allows for recovering these damages if the worker can prove that they suffered injury due to the negligence of an employer or violation of federal safety statutes In contrast to workers compensation FELA law permits the recovery of damages based on comparative negligence instead of the benefit schedule prescribed by law Railroad workers who suffer injuries can also claim past and future medical expenses This includes all medical expenses related to the injury This includes medication physical therapy and any equipment required for a worker to recover This can be a significant amount of money and is an important element of any FELA claims Workers compensation laws vary by state but the FELA is a federal statute that ensures uniform distribution of cases across the nation No matter where the claim is filed it will be heard by a court with competent jurisdiction Any injured railroad worker who believes that they have a right to an FELA claim should talk to an experienced lawyer as soon as possible The sooner you speak with a lawyer the better the chance that your claim will be successful The inhouse team at a railroad will fight to stop the worker from receiving a fair settlement It is important that the injured worker have an experienced and skilled advocate on their side A FELA attorney with years of experience will ensure that the claim was filed in a timely manner within the time limit of the statute of limitations