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Federal Employers Liability Act FELA Railroads are a highrisk industry which can cause serious injuries These injuries can vary from train accidents to asbestosrelated diseases like mesothelioma If youve been injured on the job and youre not sure what to do seek legal advice from an Tennessee FELA attorney FELA is a law that permits workers who have been injured by their employer to sue them for negligence Unlike state workers compensation laws FELA requires proof of negligence by the employer FELA is a federal statute When a railroad worker suffers an injury on the job and suffers an injury they can claim compensation under FELA This law permits injured railroad workers to bring lawsuits against their employers for injuries resulting from the companys negligence Workers injured in accidents can recover compensation for past and future medical expenses as well as pain and suffering and lost wages These cases are similar to cases filed in state courts under workers compensation laws but have additional requirements These cases also have specific rules and procedures which require the attention of an attorney with experience in FELA litigation In general anyone working for railways is covered by the law This includes all employees who have an ongoing work assignment in interstate commerce for example train engineers and conductors brakemen switchmen signalmen engineers and machinists However the law also covers other employees who are not typically considered to be involved in interstate commerce like office workers and contractors In order to be eligible for a FELA claim a worker must be able to prove that their illness or injury was caused by their employers negligence It is important to note that the law doesnt necessarily mean that the railroad was infallible in all instances It must be proven that the employer violated his duty of care towards the employee for instance in failing to provide safety equipment or adequate training or by creating a hazardous working environment The law is based on common tort principles and was originally enacted in 1908 It is a federal law but it has also influenced state tort laws Many states also have their own workers compensation laws which cover those working in highrisk industries and jobs FELA claims can be filed by railroad workers who are injured on the job irrespective of the place where the accident took place The families of railroad workers who have died can pursue an wrongful death claim as well It is a strict liability law The Federal Employers Liability Act is a strict liability law which allows railroad employees to sue their employers for injuries they caused due to their negligence The FELA compensates injured workers and their families This is in addition to the benefits offered by state workers comp laws To be eligible to receive FELA benefits the worker must prove that their injury was caused by negligence on the part of railroads or an inability to provide safe conditions for work The FELA allows workers to sue to recover damages not covered by workers compensation like suffering and pain If however an employee is found guilty of contributory negligence the jury will reduce the amount they award by a amount that is proportional to their fault This is referred to as assumption of risk It is a tort laws The Federal Employers Liability Act FELA which is a tort law permits railroad workers who have been injured to sue for damages against their employers It is a distinct area of law with unique rules and procedures An attorney familiar with FELA suits is needed to assist you In contrast to the laws governing workers compensation which provide compensation regardless of fault FELA requires proof that the negligence of the employer caused the injury or death In 1908 Congress passed FELA in response to the high chance of railroad workers being injured while at work Workers compensation laws were already in force in a few states however they excluded employees who worked for interstate commerce The FELA addressed the exclusion of workers engaged in interstate commerce by allowing state tort liability laws and permitting injured railroad workers to sue their employer for additional damages not available through workers compensation Under FELA a worker may seek compensation from hisher her employer if he or suffers injury or death because of the negligence of the carrier This includes negligence that results from an inability to ensure safe working conditions for employees such as defective equipment or tracks It also includes the failure to properly train workers and supervise them properly This also includes a violation of safety standards set forth by the Occupational Safety and Health Administration or by laws like the Locomotive Inspection Act or Railroad Safety Appliance Act The FELA also allows for the recovery of medical expenses and other compensation This is in addition to regular workers compensation In the event of the death of a worker the FELA will pay of compensation to the workers family members In some cases the FELA can protect the spouse and children If you are a railroad employee who was injured at work it is important to seek out an attorney who is familiar with FELA immediately fela lawyers allows you to file a lawsuit up to three years from the date of injury However it is crucial to hire an attorney to begin gathering evidence as early as possible This is because the railroad begins to collect documents statements and witnesses as soon as it receives notice of your injury It is a law based on liability After more than a halfcentury of trying to prove they were more than industrial wage earners in 1908 railroad workers finally received recognition through the passing of Federal Employers Liability Act The law excludes railroad workers from state workers compensation and is intended to provide financial security for injured workers In contrast to the statutes for workers compensation which provide for compensation regardless of fault FELA is a liabilitybased law which requires proof that the railroad was negligent in the causing of an injury Additionally it eliminates the doctrine of assumption of risk which had previously allowed workers to claim that they took on the risks of their jobs To be eligible for FELA benefits a worker must meet the following requirements in providing a safe working environment This could include training employees or examining the workplace for dangers and unsafe conditions Employers are also required to maintain equipment and ensure that it is in good condition If a workplace accident results in death the surviving spouse and children will be paid compensation If the accident was not due to negligence a jury will determine the amount of damages to be awarded at the conclusion of the trial