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Federal Employers Liability Act The risk of accident and death in railroad jobs prompted Congress to approve the Federal Employers Liability Act FELA in 1908 FELA changed the law of the land by allowing injured workers to recover damages even when their employer was not negligent They can also submit a claim without fear of losing their job or being victimized by their employer Compensations under FELA may cover past and future medical treatment and emotional distress lost wages and suffering and pain Employers are responsible to provide a safe work environment An employer is required to ensure a safe work environment and if they fail in this obligation they can be held responsible for any injuries or losses that may occur They also have to train their employees and inspect the workplace to ensure there are no hazards or unsafe conditions They are also required to provide their employees with appropriate safety equipment and tools If a railroad worker gets injured they can file a claim for compensation against the employer under the Federal Employers Liability Act Congress adopted FELA 1908 to tackle the high incidence of accidents that occur in the rail industry and promote uniform rules and practices for railroad equipment and procedures It is the only remedy available for most claims against a railroad company The case can be brought in an appropriate state or federal court This covers any death or injury that happens while working on railroad It also covers toxic exposures and traumatizing injuries The term reasonably secure is defined as a situation that is unlikely to cause serious harm to the worker What is considered to be reasonable safety is dependent on the circumstances of a case To be liable the employer must have been aware or have reason to know that the workplace was unsafe and failed to correct the situation Rail workers who are injured could be awarded a variety of damages that include medical expenses and lost wages In addition the law allows punitive damages in order to punish the companys negligence The law applies to all railway employers that are engaged in interstate commerce and all their employees including conductors engineers brakemen firemen machinists yardmasters bridge construction workers pipefitterssheetmetal workers and signal maintenance In addition to injuries sustained in a crash the law also provides compensation for occupational diseases such as mesothelioma and lung cancer It also covers preexisting conditions such as hearing loss and asthma To qualify for a FELA suit the plaintiff must prove that the loss or injury was the result of the employers negligence and that the plaintiff is not solely responsible for the injury The employee must also prove that the injury happened in the course and scope of employment and that they are not an independent contractor Employers have a duty to provide training for employees FELA or the Federal Employers Liability Act was enacted in 1908 It allowed railroad employees to sue their employers in the event of injuries while on the job In contrast to state laws on workers compensation FELA allows for monetary damages to be awarded for pain and suffering FELA claims can also recover damages that are higher than those imposed by state laws governing workers compensation The law also requires railroads to provide their employees with safe working conditions and proper training The law also requires that the work area be inspected for any potential safety hazards This is a responsibility that must be treated with seriousness and failure to adhere to this obligation may result in penalties The law also imposes the obligation to train new employees and ensure that all employees have a thorough knowledge of the safety procedures for the company The FELA was passed in order to compensate injured railroad employees and their families It also provides a basis for lawsuits against railroad companies as well as their servants agents and employees FELA also exempts railroad employees from state workers compensation laws which would normally prevent injured railroad workers from being able to sue their employers To prevail in a FELA case the plaintiff has to prove either negligence under the common law or that the railroad was grossly negligently In addition to the duties mentioned above FELA also requires railroads establish a set of safety standards and rules The railway carrier must create an obligatory safety committee develop an extensive employeetraining program and conduct regular safety inspections The FELA also prohibits certain defenses such as the assumption of risk and contributory negligence However despite these obligations the vast majority railroad accidents are by worker error Additionally a lot of the injuries sustained by railroad workers can be prevented Therefore it is essential to seek advice from an experienced attorney if youve been injured while working on railway This LibGuide was created as a study aid for Villanova Law School Students and is not legal advice Employers are required to inspect the workplace In addition to complying with the safety standards of the federal government railroad employers in Virginia and across the United States have other responsibilities under the Federal Employers Liability Act FELA They are required to inspect their workplaces regularly for hazardous conditions and then either correct or warn workers of them They also have a duty to provide workers with the tools and equipment needed to perform their jobs safely FELA is a law that provides compensation for railroad workers who are injured on the job fela accident attorney was passed in the year 1908 and permits injured workers to sue for damages such as medical bills and lost wages However unlike the laws for workers compensation the FELA requires railroad workers injured to prove that their injuries resulted from the negligence of the employer Railroad workers are exposed to hazardous substances such as silica dust and welding fumes These chemicals have been linked to a number serious health problems including mesothelioma and lung cancer The railroad companies KNEW these substances were dangerous and could lead to health problems However they did not take precautions to protect their employees It is essential to consult with a lawyer who has experience in FELA cases if youre a railroad worker injured In addition to the specific requirements of FELA there are unique rules and procedures that must be followed to receive the most money for your injuries Contact a FELA lawyer as soon as you can to ensure that your rights are secured Employers are required to provide medical assistance A workers workplace injury can be traumatic both emotionally and physically In some cases injuries can be lifethreatening or even fatal In these cases employees may sue their employers to recover costs for medical treatment and lost wages There are exceptions to this rule Employers in highrisk sectors like railroads are subject to stricter safety rules They are also subject to the rules under the Federal Employers Liability Act FELA In contrast to workers compensation claims FELA claims can be dependent on fault FELA is a law that was passed by Congress in 1908 It regulates the liability rail carriers have towards their employees who are injured in industrial accidents The law eliminated a lot of defenses available to common law employers such as the assumption of risk by the employee and contributory negligence It also allowed for monetary awards to be ruled by juries using comparative negligence which is different than the predetermined benefit schedule under workers compensation It applies to anyone who is employed by a railroad company that manages trains or handles freight in interstate commerce This includes contractors office workers and temporary employees In addition FELA also covers the spouses of workers who are killed on the job It also covers anyone who suffers a workrelated injury This includes traumatic injuries like broken bones pulled muscles joints joint sprains and lacerations and other accidents Injuries resulting from repetitive motions and occupational illnesses such as asbestosis are also covered A seasoned FELA lawyer can assist you file a claim for damages They can gather the necessary evidence to support your claim with extensive medical evidence and expert testimony They can also help you negotiate with the insurance company in order to obtain an acceptable settlement FELA claims for death or injury resulting from an accident are subject to a threeyear statute of limitations This clock starts on the date of the accident or the date of discovery of the disease For occupational illnesses such as mesothelioma or cancer the statute of limitations may begin at the time of diagnosis or when symptoms became disabling It is essential that railroad workers who have been injured submit a written report of the incident or accident even when FELA doesnt require it This will enable them to receive the best medical treatment and will give them a better understanding of the circumstances surrounding their injury It is also important to take photographs of any visible injuries prior to when they heal These precautions can help you establish a strong claim under the FELA