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Federal Employers Liability Act FELA The railroad industry is a risky working environment that can cause serious injuries These injuries can be caused by train accidents or asbestosrelated diseases such as mesothelioma If youve been injured at work and youre not sure what to do seek legal advice from an Tennessee FELA attorney FELA is an important law that allows workers to sue their employers for negligence In contrast to state workers compensation laws FELA requires proof of employer negligence FELA is a federal law When a railroad worker suffers an injury on the job and suffers an injury they can seek compensation under FELA This law allows injured railroad workers to file lawsuits against their employers for injuries that result from the companys negligence Workers who are injured can be awarded damages for their past and future medical expenses pain and suffering and lost wages These cases are similar to those filed in state courts based on workers insurance laws however they have additional requirements These cases also have specific rules and procedures which require the attention of an attorney with expertise in FELA litigation Anyone who works for a railroad is generally covered by the law This includes those who hold an ongoing job in interstate commerce such as engineers and conductors of trains brakemen signalmen and signalmen trainees However fela lawyers covers other employees who are not normally considered to be involved in interstate commerce for example office workers and contractors To qualify for a FELA lawsuit a worker has to prove that the negligence of the employer caused their injury or illness It is important to remember that the law does not 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 the absence of safety equipment or proper training or creating a hazardous workplace The law was enacted in 1908 It is based on tort principles that are widely used It is a federal law but it has also influenced the state tort laws A number of states also have their own workers compensation laws which protect those working in highrisk industries and jobs FELA claims can be filed by railroad employees who are injured at work regardless of the place where the accident took place 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 FELA is a strict liability law that allows railroad workers to bring claims against their employers for injuries caused through their negligence The FELA provides compensation for injured workers and their families This is in addition to the benefits provided by state workers compensation laws In order to be eligible for FELA workers must prove that the injury was caused by the railroads negligence or failure to provide safe working conditions The FELA also permits employees to sue for damages that are not covered by workers comp such as pain and suffering If an employee is found to be guilty of contributing to the negligence the jury will reduce the award by a proportional amount This is known as assumption of risk It is a tort law The Federal Employers Liability Act FELA is an act of tort that allows injured railroad workers to sue their employers for damages It is a specialized field of law that has unique rules and procedures A lawyer who is knowledgeable about FELA suits is required to assist you Contrary to workers compensation laws which compensate regardless of fault FELA requires proof that the employers negligence caused the accident or death In 1908 Congress passed the FELA to address the high danger of accidents at work for railroad workers While states had already established workers compensation laws these laws excluded workers involved in interstate commerce The FELA addressed this issue by allowing the state law regarding tort liability and allowing railroad workers injured to pursue their employers for additional damages that were not covered by workers compensation A worker is entitled to compensation under FELA in the event of injury or killed by the negligence of a transporter This includes negligence resulting from a failure to maintain safe working conditions for employees such as track or equipment that is defective This includes failing to properly supervise and train workers It also involves a violation of safety standards set 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 and other compensation This is in addition to normal benefits of 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 cover the spouse and children If you are a railroad worker who was injured at work you must contact an attorney familiar with FELA immediately The FELA permits you to file a lawsuit within up to three years after the date of the injury However it is crucial to consult with an attorney to begin collecting evidence early The railroad will begin to collect statements and documents records and witnesses as soon as it is notified of your injury It is a law that is based on the concept of liability After half a century of arguing that they were more than industrial wage earners railroad employees finally received recognition in 1908 thanks to the passage of the Federal Employers Liability Act FELA The law which excludes railroad employees from state workers compensation programs was designed to provide financial security for injured workers In contrast to the statutes for workers compensation which provide for the payment of compensation regardless of fault FELA is a liabilitybased law which requires proof that railroad negligence was responsible for creating an injury Furthermore it abolishes the concept of assumption of risk which previously allowed employees to claim they had taken on the risks associated with their work In order to qualify for FELA benefits workers must meet the following requirements in providing a safe working environment This could mean training workers or examining the workplace for unsafe conditions and potential hazards Employers are also required to maintain equipment and ensure that it is in good working order In the event of a workplace accident that leads to death the spouses of survivors and children will be awarded compensation If the accident wasnt the result of negligence a jury will determine the amount of damages awarded at the conclusion of the trial