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Federal Employers Liability Act The federal employee liability law FELA allows railroad workers who have been injured to sue their employers Contrary to the laws regarding workmens compensation which award payouts regardless of the fault of the railroad FELA requires plaintiffs to show that negligence by the railroad caused their injuries Families of railroad workers who passed away from occupational illnesses or accidents on the job such as mesothelioma can also make FELA claims A experienced FELA lawyer will have a lot of experience in handling these cases Statute of limitations In 1908 the Federal Employers Liability FELA Act was created to provide compensation and protection for railroad employees The statute defines the essential obligations of a railroad company and what types of negligence could cause injuries and compensation for employees The law also imposes a deadline within which an injured employee can make a claim to receive compensation In FELA cases unlike workers compensation claims the injured party must prove that their employer was at fault in causing their injury This is known as the causation requirement The United States Supreme Court has read this to mean that the railroaders fault must play any role even the smallest in causing the injury for which damages are sought If an employee can demonstrate that their employer was negligent in providing proper safety equipment training or other safety measures or if they breached workplace laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act It is easier to establish an argument of negligence Additionally the law also prohibits employers from using defenses such as negligence or assumption of risk by their employees This creates a safer environment for injured railroad workers It is crucial to establish a convincing case of injury before filing a lawsuit This involves ensuring that medical professionals have reviewed the injuries or illnesses and has taken photos of the scene and surrounding area speaking with witnesses and coworkers and inspecting and photographing equipment or tools that may have caused an accident Another reason it is essential to consult an experienced FELA attorney as soon as you have suffered an injury is that there is a strict time frame within which a lawsuit must be filed In FELA cases this is three years from the date when a person knew or ought to have known that their injury or illness was caused by work The failure to submit a lawsuit promptly could have devastating financial and personal consequences for an injured railroad worker This is especially true when an injury causes permanent disability It can also have a negative effect on future retraining or career plans Workrelated Diseases A lot of different industries and jobs are prone to cause occupational illnesses These ailments can be caused by the nature of work or a combination Due to research in the field of medicine and epidemiology it is becoming easier to prove that certain diseases are related to specific jobs or industries Asbestos and mesothelioma for instance are typically associated with specific jobs and industries FELA laws give railroad employees the right to hold their employers responsible for illnesses and injuries caused by their work In many ways its like workers compensation for railroaders but it provides more benefits and requires more evidence that the injury or illness resulted from a breach of a law regulation or policy A dedicated FELA lawyer can help you get the maximum amount of compensation While FELA does provide more protections than workers comp it does have unique rules and requirements FELA also allows for comparative negligence which means you may still receive compensation even if youre partially to blame for the injury or accident The FELA statute of limitations is three years in the case of onthejob accident or death claims For mesothelioma and other illnesses the clock starts the day you received your diagnosis or the day that your symptoms began to become incapacitating It is important to partner with an FELA lawyer with experience in FELA cases A FELA claim requires extensive documentation as well as evidence from experts in the field of health and safety They can help you gather the necessary evidence and create a strong case to get the compensation you deserve They can also determine if your responsibility for the accident or exposure of toxic substances was more than 50 This could impact the amount you receive in settlement or trial If you are found more than 50 at fault for a particular incident or injury the amount of your settlement or award will be reduced according to Over the past century FELA litigation has compelled railroad companies to adopt and use safer work procedures and equipment Despite these advancements trains tracks and rail yards remain among the most hazardous workplaces in the United States Repetitive Trauma Injury Workers are often injured while at work if they do the same physical actions repeatedly This includes sewing typing and assembly line work They could also involve playing music driving or driving on motorways These repetitive actions can result in injuries that are so slow to develop that the worker may not realize theyve suffered an injury until it is too far gone to take legal action While many people think of workplace injuries as a single event like being injured in a slip and fall or being sick due to exposure to harmful chemicals the truth is that thousands of small repetitive movements over the course of time can cause serious injury and disability These types of injuries are known as cumulative trauma or repetitive stress injuries and can be as debilitating as a sudden traumatic injury The Federal Employers Liability Act 45 USC 51 allows workers who work in highrisk industries like those who are covered by workers compensation and can sue their employers for damages not covered by workers compensation FELA cases are different than regular claims for workers compensation and require specific evidence of the negligence of the employer Furthermore the procedure for filing a FELA claim is governed by strict guidelines to be followed by lawyers who are experienced in these areas Almost any worker who works for a railroad engaged in interstate commerce may be eligible to file an FELA claim including clerical workers and temporary employees as well as contractors Those who are automatically covered by FELA are engineers conductors brakemen and machinists but the law also covers office workers trainmen signalmen trainmen and everyone else who is exposed to railroad equipment goods or services A FELA lawyer is recommended to be consulted as soon as is possible following an accident The railroad begins collecting statements performing reenactments of the incident and gathering documents and records once it has learned about the injury and an attorney who is familiar with these tactics will know how to quickly discover and preserve relevant information This is especially important since evidence tends to disappear as time passes Hiring an attorney early also ensures that the evidence will be accessible in time for trial Unintentional exposure to harmful substances Every business is responsible for ensuring the security of their employees as well as customers fela lawyers and occupations are more hazardous than others In these highrisk jobs and industries employers must adhere to even more stringent safety standards Certain states have laws that protect workers within their specific field such as the Federal Employers Liability Act code 45 USC 51 For more than 100 years FELA litigation led to improvements in equipment and safer working procedures on trains rail yards and machine shops Despite these improvements trains are still hazardous places to work in Many FELA cases are caused by toxic exposure to chemicals like asbestos silica dust welding fumes herbicides and chemical solvents such as Roundup These exposures are linked to serious illnesses such as mesothelioma lung cancer and pulmonary fibrisis When a major railroad KNEW about the dangers of these exposures but did not warn or protect its employees this constitutes negligence that could result in substantial FELA damages Unlike workers compensation claims FELA cases are faultbased and filed in federal court Researchers should be aware of common law tort principles and state tort laws that might apply to additional tort claims joined in a FELA action