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The Federal Employers Liability Act The Federal Employers Liability Act FELA was passed in 1908 to help protect railroad workers FELA allows railroad employees to sue their employers for damages which includes ones that arent covered by the standard workmens compensation laws This includes negligence claims as well as damages that are not diminished by the assumption of risk Common carrier The Federal Employers Liability Act or FELA allows railroad workers injured by injuries to hold their employers accountable for medical bills and disability benefits FELA is often referred to as workers compensation for railroaders however it actually establishes the bar higher for employer liability Contrary to state workers compensation laws FELA is faultbased and requires employees to prove their injuries were caused by the negligence of the employer It also eases the burden of proof and imposes an extremely high standard on employers to provide a safe work environment It is important to have an attorney who is knowledgeable of the specifics of FELA law in order to safeguard your rights In response to the high death rate of railroad workers Congress passed FELA FELA allows railroad workers to sue their employer for injuries sustained during their work The law was enacted to assist injured railroad employees and their families FELA provides financial aid to injured railroad workers as well as allowing the injured to have their cases heard by the jury A recent court ruling in a FELA case could change how the law is interpreted in the future The case involved a widow of a truck driver who died while on duty in a crash The judge ruled that the FELA law did not limit the claim to the deceaseds employer and allowed the plaintiff to bring claims against 11 defendants A lawyer at your side in the beginning of a FELA lawsuit Your attorney can assist you to collect the necessary evidence and file the appropriate paperwork Your attorney can also guide you in the best method of proceeding with your case They can help you get the maximum compensation possible for your injury Employers liability Each business owner has the responsibility of ensuring that their employees are protected while performing workrelated tasks Some industries and jobs are more hazardous than others and that is why employers who work in highrisk fields are required to adhere to stricter safety guidelines These guidelines include adhering all applicable rules and regulation and dealing with any hazards in the workplace Workers must also be provided with the proper equipment and tools so that they can perform their job safely If an employer fails to meet these responsibilities and a worker gets injured and suffers injuries the employer may be held responsible under FELA Contrary to state workers compensation laws that allow workers to bring claims against their employers for workplace injuries FELA requires proof of negligence before the worker can claim damages This is why its important to work with a qualified FELA attorney The lawyers at Lanier Law Firm are experienced in FELA cases and can assist you in getting the compensation you deserve FELA is often called workers compensation for railroad workers however its different from state workers compensation FELA allows injured railroad workers to claim damages against their employers that include lost wages as well as medical expenses Railway employees are also exempt from the states workers compensation laws and allows them to claim damages that are many many times greater than those offered in a workers compensation claim Many people arent aware of the details of FELA Even though the law has been in place for over 100 years This blog post will discuss the most important employer responsibilities under FELA It will also explore the differences between FELA and workers compensation The goal is to assist you better know your rights under FELA Damages Compensation can be a significant factor for those working in highrisk industries FELA compensation can be used to cover future losses like reduced earning potential or permanent impairment However the process can be complex and requires an indepth understanding of FELA and state workers compensation laws For this reason its crucial to select a competent attorney who is adept at handling FELA cases In contrast to workers compensation FELA lawsuits allow for an increased amount of compensation for injuries They can be filed either federal or local state courts The law also allows injured railroad workers to sue their employers for their injuries which exposes them to liability It also allows for a decision to be made by an impartial jury not an established benefits schedule This can increase the amount of compensation FELA lawsuits can also encompass other tort claims for example punitive damages Punitive damages are intended to punish a negligent employee These damages may be awarded along with compensation awards Workers who are injured should be aware of the potential of punitive damages and should seek advice from an experienced attorney to ensure that their rights are secured The primary purpose of FELA is to protect the rights of railroad employees who suffer injuries from work or contract occupational illnesses The law allows those workers to make their employers accountable for paying for their medical bills and providing the financial support they need FELA is despite being a federal law imposes higher safety standards than statebased workers comp laws fela attorneys allows workers to sue their employers for their injuries and stops them from being mistreated Comparative negligence Prior to FELA railroad workers had a limited recourse in the event of injury on the job FELA changed this by requiring railroads to adhere to higher standards and improve their working conditions The law also allowed injured workers to seek compensation for injuries or damages even if theyd been partially responsible for the accident Unlike workers compensation which is based on fault FELA cases are controlled by the principle of comparative negligence This means that the workers share of a settlement or trial award may be reduced if they are found to be more than 50 percent responsible for their injuries This is a very welcome one for injured workers However it may make it difficult to locate an attorney who can represent their rights It is crucial to understand how FELA works to assess claims in a way that is appropriate FELA actions may involve multiple tort claims and the factfinder must decide which of them are relevant to the case It is crucial that lawyers are familiar with the tort law principles in order to help their clients A major difference between FELA and workers compensation is that FELA allows employees to sue their employers for a broader variety of illnesses and injuries In addition to the ailments that are mentioned above FELA also covers occupational illnesses like asbestosrelated lung disease Many employees are afraid of submitting the FELA complaint because they fear retaliation by their employer However FELA laws prohibit this type of retaliation and many employees are unaware they have the legal right to sue their employers under FELA Next of Kin A next of kin is the person who should be contacted in case of an accident illness or decline in mental health It is typically an immediate relative but it can also be a friend or neighbour It is a popular term employed in medical settings for example nursing homes and hospitals It is also used to determine who will inherit a deceased persons estate However this is governed under the laws of intestacy that govern the country Sage Advocacy commissioned a recent survey that revealed a serious misconception of the term next of relatives It is crucial that healthcare personnel are in a position to reach someone who can make decisions and give consent on behalf of a patient especially in the case of an emergency However a lot of people believe that being designated as the next of kin grants them the legal right to make major decisions on behalf of the patient But this isnt the case This is incorrect The Federal Employers Liability Act FELA was passed in 1908 to address the high number of injuries among railroad workers This legislation protects railroad workers injured by allowing them the right to sue their employer for negligence It also defines specific responsibilities for railroad companies like the obligation to provide an environment for safe work FELA has been in existence for more than a century and continues to play an important role in the safety of our nations transportation system It is often compared to workers compensation insurance but there are some key differences For instance FELA allows injured employees to sue their employer in federal court not state courts