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Federal Employers Liability Act FELA The railroad industry is a highly risky working environment that can result in serious injuries These injuries could range from accidents on trains to asbestosrelated illnesses like mesothelioma If you have been injured at work you should consult a Tennessee FELA lawyer FELA is an important law that permits workers to sue their employers for negligence Unlike state workers compensation laws FELA requires proof of employer negligence FELA is a federal law FELA allows railroad workers to claim compensation for injuries they sustain on the job This law permits injured railroad workers to bring lawsuits against their employers for injuries resulting from negligence of the company Workers injured in accidents can recover damages for their future and past medical expenses pain and suffering and lost wages These cases are similar to those that are filed under the laws of state workers compensation but with additional requirements They also involve unique rules and procedures that require the attention of a lawyer familiar with FELA litigation Anyone who works for a railway is usually covered by the law This includes people who have a regular job in interstate commerce such as engineers and conductors of trains brakemen signalmen as well as signalmen trainees However the law covers other employees who are not typically considered to be involved in interstate commerce like office workers and contractors In order to qualify for a FELA claim the employee must be able to prove that their injury or illness was caused by their employers negligence It is important to remember that the law doesnt necessarily mean that the railroad was negligent in every case It must be proved that the employer acted in breach of his duty of care to the employee for instance in failing to provide safety equipment or adequate training or permitting a dangerous workplace The law is built on common tort principles and was originally enacted in 1908 It is a federal law but it has also influenced state tort laws Many states also have their own workers compensation laws that cover workers in highrisk industries and jobs No matter the state in which an incident occurred a FELA claim can be filed by any railroad worker who has suffered an injury on the job Families of railroad workers who have died can also pursue an action for wrongful death It is a strictliability law The Federal Employers Liability Act is a strict liability law that allows railroad workers to sue their employers for injuries they caused due to their negligence The FELA compensates injured workers and their families This is in addition the benefits provided by workers compensation laws In order to be eligible for FELA a worker must prove that the injury was caused by the railroads negligence or failure to provide safe working conditions The FELA allows workers to sue to seek compensation for damages that are not covered by workers compensation for example pain and suffering If an employee is found guilty of contributory negligence the jury will reduce the amount they award by an amount proportional to their negligence This is known as assumption of risk It is a tort law The Federal Employers Liability Act FELA is a tort law that allows injured railroad workers to sue their employers for damages It is a specialization area of law that has unique rules and procedures An attorney who is familiar with FELA suits is required to assist you Unlike workers comp laws which compensate regardless of fault FELA requires proof that the negligence of the employer led to the injury or death In 1908 Congress passed FELA in response to the high danger of railroad workers getting injured at work While states had already started establishing workers insurance laws they had not included employees engaged in interstate commerce The FELA addressed the exclusion of workers engaged in interstate commerce by allowing more flexibility to state tort liability laws and permitting injured railroad workers to sue their employers for additional damages that arent available through workers compensation Under FELA a worker may seek compensation from his or her employer if he or suffers injury or death due to the negligence of the carrier This includes negligence that results from the failure to ensure safe working conditions like defective equipment or tracks fela railroad settlements includes failure to properly supervise and train workers It also entails violations of safety standards established by the Occupational Safety and Health Administration or other laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also allows for reimbursement of medical expenses as well as other compensation This is in addition to regular workers compensation In the event of the death of a worker the FELA provides for the payment of compensation to the family members In certain cases the FELA can be able to cover the spouse and children If you are a railroad employee who has suffered an injury at work you must contact an attorney familiar with FELA immediately The FELA allows you to file a lawsuit within up to three years from the date of your injury However it is crucial that you hire an attorney to begin collecting evidence as early as possible The railroad will begin collecting statements and documents records and witnesses as soon it is informed of your injury It is a law that is based on the concept of liability After half a century of insisting that they were more than industrial wage earners railroad employees finally won recognition in 1908 thanks to the passing of the Federal Employers Liability Act FELA The law exempts railroad employees from state workers compensation and aims to provide financial security to injured workers Unlike workers comp statutes which provide for compensation regardless of fault FELA is a liabilitybased law which requires evidence that railroad negligence was responsible for the causing of injuries It also ends the rule that allowed employees to claim that they were responsible for the risks associated in their job In order to qualify to receive FELA benefits the worker must satisfy the following requirements providing a safe work environment This could include training employees or examining their workplaces to identify possible hazards and unsafe conditions Employers must also maintain their facilities and ensure that equipment is operating properly In the event of an workplace accident that causes death the spouses of survivors and children will receive compensation If the accident is not caused by negligence a jury will determine the amount of damages that will be awarded at the conclusion of the trial