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Federal Employers Liability Act Railroad workers are not covered by the state workers compensation law but by a set federal laws known as the Federal Employers Liability Act FELA allows railroad workers who suffer injuries to sue their employer for damages To be able to win a lawsuit under the FELA you must prove your injury was caused by negligence or a violation of any federal safety law like the Power Brake Law or Safety Appliance Act Compensation for FELA The Federal Employers Liability Act FELA offers compensation for workers who are injured on the job Its a faultbased statute which allows for damages that are far beyond those available under standard workers compensation laws However there are specific rules and procedures involved in FELA claims making them more complicated than other personal injury cases FELA claims are filed in federal courts so attorneys must be aware of the state tort law and federal laws when representing their clients In contrast to workers compensation laws that provide benefits regardless of whether the railroad was the cause of the incident FELA requires the injured worker to prove that their employer was negligent in causing their injury The FELA is designed to stop railroad employers from trying to shield themselves from liability for injuries and deaths caused through their negligence If there is an injury caused by a fault of a railroad the FELA provides monetary compensation in addition to the benefits received under the states workers compensation laws Its important that railroad workers injured seek medical attention immediately following an accident Apart from being essential for their physical health this step can help build an argument against the railroad if they are subsequently hurt again They must also notify their employer of the injury as soon as they are able to Injured railroad workers have the right to submit a FELA claim without fear of reprisal It is unlawful for railway companies to fire or discipline employees that file a FELA claims It is also unlawful to discriminate against employees based on their participation in legal proceedings relating to workplace accidents FELA cases cover a broad variety of injuries from train accidents that are catastrophic to repetitive stress injuries Workers who are not seriously injured but suffer from cumulative trauma could be involved Unlike workers comp FELA claims give injured railroad workers the opportunity to receive monetary compensation both for their pain and their suffering as well as lost wages Fortunately FELA lawyers are able to assist their clients in obtaining compensation FELA Benefits Employers are all accountable for keeping their workers secure while they perform their workrelated duties Certain industries and occupations are more dangerous for employees but companies operating in highrisk sectors are held to higher standards of safety They must compensate workers who suffer injuries on the job more than companies with lower risk To ensure that employees receive adequate compensation for injuries sustained in the workplace some federal agencies adopted laws that allow them to sue their employers in the event of an accident The Federal Employers Liability Act FELA is a prime example of this law It was passed in 1908 in response to the alarming number of railroadrelated deaths that occurred during the late 19th century and into the early 20th century FELA allows railroad workers to sue their employers in the event of an injury It also grants workers the right for monetary payouts above and beyond traditional workers compensation claims In contrast to workers compensation which requires an employee to prove they suffered a workplace injury FELA requires employees to prove that their injuries were directly connected to their job activities This is important since some injuries arent immediately obvious such as carpal tunnel syndrome or a recurring injury FELA protects injured workers from retaliation at work as well as allowing them to recover damages FELA prohibits employers from taking retaliation against employees who make complaints To safeguard their rights it is crucial that employees know their rights and seek the assistance of a FELA attorney Injured workers need medical attention prior to filing an FELA lawsuit Then they should seek out an attorney and set up an appointment to discuss their case An attorney can assist injured workers determine the amount of compensation they are eligible for and how to obtain them FELA benefits include compensation for lost wages future loss of earnings pain and suffering disfigurement disability and emotional distress The compensation awarded under FELA goes beyond paying medical bills and lost wages That is why it is important for injured workers to get the assistance they require by working with an experienced FELA attorney FELA Statute FELA is an act of the federal government that gives railroad workers the right to claim compensation from their employers when they are injured while at work In contrast to workers compensation which provides benefits regardless of fault FELA claims are based on the concept of negligence and establishes a higher threshold for employer liability This unique and complex set of rules makes FELA cases more difficult than other types of employmentrelated injury claims and requires the knowledge of an attorney who knows the intricacies of the law Whether or not an employee is covered under FELA is contingent upon the nature of their duties and if their duties require them to be involved in interstate commerce The law applies to anyone who works on an railroad that transports freight or passengers across state lines This includes brakemen and conductors In addition a railroad which operates within the confines of a city but grants trackage rights to other companies that are engaged in interstate commerce can be covered by FELA A railroad company may be held responsible for workers injuries under FELA when the injury is a result from the employers infringement of workplace safety laws such as the Locomotive Inspection Act Railroad Safety Appliance Act or the Boiler Inspection Act To prevail in a FELA case the worker must prove that the railroad violated one or more of these statutes and that the violation caused or contributed towards their injury When an injured worker wins a FELA case they can get compensation for a variety of injuries and related expenses These damages include medical expenses and lost wages emotional distress and suffering and pain They may also be compensated for the loss of future earnings potential and aggravation of existing conditions The railroad industry is subject to more strict safety regulations than other industries Injured railroad workers need legal assistance from a seasoned FELA lawyer who can help them recover maximum compensation for their losses Attorneys FELA Signals and switches on railroad tracks are vital safety mechanisms that prevent disastrous often fatal collisions between trains and vehicles If youve suffered injuries due to a defective switch or signal or any other negligent act committed by your employer you could be eligible for compensation under the Federal Employers Liability Act FELA A FELA lawyer is knowledgeable about this complicated area of law and can assist you to fight to get the financial support you deserve A FELA attorney will analyze your case to identify any possible negligence that could have caused the injury They will also outline the legal process involved including filing an action or negotiating settlement Using this information theyll create an appropriate legal strategy specifically tailored to your needs and takes into account the mistakes that were made When hiring a FELA attorney look for one with a proven track record of successfully assisting clients with their FELA claims Review testimonials from past clients as well as peer endorsements and professional accolades to find out more about the lawyers experience You can request a list of references from former clients Finally select an attorney who is licensed to practice in your state They will be better able to understand local laws and more willing to meet in person FELA actions are different from workers compensation claims in that they are based on fault and filed in federal court This makes it more difficult to prove your claim To win a FELA case you have to show that your employers negligence was directly responsible for your injuries To do this its important to understand tort law principles While the intricacies of FELA can be overwhelming but the right legal team will work hard to ensure that you receive the compensation you deserve A FELA lawyer with experience can handle your case collect the evidence negotiate the railroad companys settlement and also represent you in court if necessary Contact fela lawsuit settlements for a nocost consultation today The sooner you get in touch with an attorney from FELA and the greater your chances of obtaining the funds needed to cover medical costs lost wages and suffering