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Federal Employers Liability Act Railroad workers injured in an accident have a special legal right to be compensated under the Federal Employers Liability Act FELA Contrary to state workers compensation laws this federal law requires injured railroad employees to prove that their employers were negligent FELA was enacted by Congress in 1908 The FELA permits railroad workers to sue employers for injuries caused through negligence or violations of safety regulations for railroad workers FELA is a federal law Federal Employers Liability Act FELA is which is a federal law provides protection to railroad workers Its purpose is to compensate those who are injured at work because of the negligence of their employer The FELA safeguards employees from discrimination in filing an action Unlike workers comp FELA doesnt require an employee to be a member of a union to file a claim This LibGuide offers an overview of this subject and provides hyperlinks to research resources at Villanova University School of Law FELA is an act that applies to all employees of railways This includes those who work on commuter trains freight lines or passenger rail services Even those who work in the office or on maintenance may be covered under FELA The FELA is a form of preemption which means that it supersedes state laws regarding workplace injuries Before deciding what to do following an injury its important to understand how FELA operates To sue under FELA the person who has been injured must be able to show that the railroad was negligent in some way This could be due to the failure to provide proper safety training equipment training or other essential measures It can also include violations of federal and state safety regulations A claim under FELA is not subject to the same limitations as a workers compensation claim which is why it is crucial to find an attorney with experience in handling FELA cases A claim under the FELA may cover damages for lost wages medical bills and other expenses related to the injury It also covers noneconomic losses such as pain and suffering It can also cover permanent impairment or disfigurement This kind of claim is a complex one that requires extensive documents and expert testimony It is also crucial to be aware that the statute of limitation applies The statute of limitation for claims made under the FELA is three years from the date that the accident or injury occurred It is essential to report any injury on the railroad as quickly as you can It is also essential to see a doctor immediately and follow his or her advice You can recover from your injury and go back to your normal lifestyle with the right treatment It is a nofault law Railroad workers face a number of unique risks while on their job Due to this railroad workers have legal options that arent available to other workers One of them is the Federal Employers Liability Act FELA which provides compensation for railroad accidents The FELA is a federal law that was passed in 1908 FELA deals with railroads liability for injuries sustained by their employees In particular FELA states that railroads are liable for any death or injury caused by employees performing their duties within the course and scope of their work This only applies to injuries caused by the negligence of employees officers agents or employees of a railway carrier or due to any defect in its cars engines tracks or other machinery Unlike workers compensation benefits FELA requires an injured victim to show that the defendant was responsible for their injury This is in addition to the requirement that the injured party prove that their employers negligence was the reason for the accident It is important to have an experienced Shreveport injury lawyer on your side FELA allows for a claim that is based on comparative negligence in addition to having to prove that the employer was negligent This system is different from workers compensation where the worker is not considered to be the cause of their injuries and may receive benefits regardless of who is responsible However a workers recovery is reduced by the amount of their negligence Moreover an employee cant be held to have borne the risk of employment if it can be proven that his or her employer violated a safety law It is a law on workers compensation In the majority of industries employees who suffer injuries on the job have the option of filing an insurance claim with their employer to obtain workers compensation These claims are usually settled via arbitration and give injured workers with a fixed award to cover the cost of medical bills and loss of income Workers compensation isnt offered to everyone in the United States The Federal Employers Liability FELA has created an exclusive system for receiving injury benefits for railroad workers The FELA is a federal law that safeguards railroad workers who suffer injuries at work It was passed in year 1908 long before the state laws on workers compensation were in place The FELA allows injured railroad workers to sue their employers for damages which include lost wages medical expenses and pain and suffering The FELA allows for additional damages if negligence by railroads caused or contributed to an injury Contrary to traditional workers compensation laws which concentrate on injuries that result of negligence or accidents FELA is more concerned with a railroads intentional disregard for worker safety Its therefore important to hire a FELA attorney with expertise in representing railroad workers injured in accidents These lawyers can help injured railroad workers get the amount of compensation theyre entitled to Rail companies are responsible for their employees safety and must comply with all applicable regulations They also have to inform their employees of these regulations and train them in accordance with the rules Railroad accidents do happen and they can have devastating effects These accidents can result in serious injuries or even death It is important that you make the effort to find an experienced FELA attorney to represent your case In FELA claims its important to prove that the railroads negligence was the cause that caused your injury This can be difficult however it is possible to win your claim For example when a jury decides that you were at least X percent responsible for your own injury and the amount of your award will be reduced by that percentage If the jury determines that your employer violated federal safety laws and that this played a role in your injury you may get all your damages It is a negligence law An employee who is injured on the job is entitled to fair compensation Workers in highrisk occupations are required to adhere to stricter safety standards The Federal Employers Liability Act of 1908 provides railroad workers with the right to compensation for injuries incurred during their work To file a claim an employee must show that their employer was negligent The law defines negligenceas a tort that occurs when a person is unable to exercise reasonable care in a particular situation Railroads can be negligent by failing to adhere to safety standards or by providing unsafe equipment and tools They could also be negligent if they expose their employees to certain conditions that could lead to illness The Supreme Court ruled that the causation requirement in FELA is as broad and as welldefined as is possible This means that to prevail in a FELA claim an injured railroad employee must prove that negligence on the part of their employer contributed to their injury fela lawsuits is true whether or not other causes such as the workers own mistake or negligence caused the accident The Supreme Court ruled in addition that a railroad worker who is injured cannot be denied damages if they assumed the risk through their dangerous job However this doesnt stop an employer from trying to reduce an award by proving that the employee was negligent in a way This is a common tactic in personal injury cases It is important that railroad workers who have been injured seek legal advice prior to filing an claim