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Federal Employers Liability Act Railroad workers arent covered by state workers compensation laws instead they are protected by federal laws referred to as the Federal Employers Liability Act FELA FELA allows railroad workers injured to sue their employers for damages To be successful in a lawsuit under FELA you must prove that your injury was the result of negligence or violation of a federal safety law such as the Power Brake Law or Safety Appliance Act FELA Compensation The Federal Employers Liability Act provides compensation for workers injured at work Its a faultbased statute which allows for damages that are far over those provided by standard workers compensation laws However there are specific rules and procedures governing FELA cases making them more complicated than other kinds of personal injury cases FELA claims are filed in federal courts which means attorneys must be aware of the state tort law as well as 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 the accident The FELA is designed to stop railroad companies from trying to shield themselves from liability for deaths and injuries caused by their negligence The FELA compensates injured workers for injuries caused by railroad faults in addition to the benefits provided under state workers compensation laws Following an accident injured railroad workers must seek immediate medical attention In addition to being vital for their physical health this step can help build a strong case against the railroad if they get injured again They must also report the injury to their employer as soon as possible Railroad workers injured in an accident are entitled to make a FELA claim without the fear of retaliation It is unlawful for railroads to discipline or fire employees who submit a FELA claim and its illegal for them to discriminate against employees because of their participation in legal proceedings related to workplace accidents FELA cases cover a wide range of injuries ranging from train accidents that are catastrophic to repetitive stress injuries They can also involve workers who arent injured but suffer from a cumulative trauma over time Unlike workers compensation FELA claims allow injured railroad workers to claim monetary compensation for their pain and suffering as well as their lost wages Fortunately FELA lawyers are able to assist their clients in receiving compensation FELA Benefits All employers have a responsibility to keep their employees safe while they perform workrelated duties Businesses in highrisk industries must adhere to stricter standards of safety Therefore they have to provide more compensation to workers who suffer injuries on the job as in comparison to businesses with lower risk In order to ensure that employees are receiving the proper compensation in the event of an workplace injury Some federal agencies have enacted laws that allow them to sue their employers for damages in the event of an accident The Federal Employers Liability Act FELA is a good example of a law It took effect in 1908 to address the alarming increase in railroadrelated deaths occurring in the late 19th and early 20th century FELA allows railroad workers to sue their employers in the event of an accident and gives workers the right to recover monetary payouts that go beyond the ones provided by traditional workers compensation claims In contrast to workers compensation which requires that an injured worker only has to prove that the injury was at work FELA requires that employees prove that their injuries are directly connected to their job This is essential because some injuries arent immediately apparent like carpal tunnel syndrome or a frequent injury FELA protects employees from workplace retaliation in addition to allowing them to recover damages This is due to the fact that FELA specifically prohibits employers from retaliating against employees who file claims To protect their interests it is important that employees understand their rights and seek assistance of an FELA attorney When submitting an FELA claim injured workers should first seek medical treatment Then they should seek out an attorney and set up a consultation to discuss their case An attorney can help injured workers in determining what they are entitled to and how they can obtain them FELA benefits include compensation for lost wages future loss of earnings along with pain and suffering disfigurement disability and emotional distress The compensation awarded by FELA is much greater than medical expenses and lost earnings This is why its crucial that injured workers work with a FELA attorney who is experienced Statute of the FELA FELA is a federal law that gives railroad workers the right to seek compensation from their employer in the event of injury at work Unlike workers comp which pays benefits regardless of fault in most cases FELA claims rely on a negligencebased theory and set the higher bar for employer liability fela railroad accident lawyer and complicated set of rules makes FELA claims more challenging than other kinds of injuries that require employment It requires the expertise of a lawyer who understands the law The question of whether or not an employee is covered by FELA depends on the scope of their duties and whether their duties require them to be involved in interstate commerce Generally speaking anyone working for a railroad that transports passengers or freight over state lines is covered under the law This includes employees like conductors brakemen and engineers FELA may also cover the railroad that operates within the city but grants trackage rights to companies who engage in interstate commerce A railroad company may be held liable for a workers injuries under FELA when the injury is a result from the employers infringement of workplace safety laws like the Locomotive Inspection Act Railroad Safety Appliance Act or the Boiler Inspection Act In order to win a FELA case the injured worker must show that the railroad violated one or more of these statutes and that this violation caused or contributed towards their injury If an injured worker prevails in a FELA case they may receive compensation for a variety of injuries and associated expenses These damages include medical expenses as well as lost wages emotional distress and pain and suffering They may also be compensated for the loss of future earning potential and aggravation to preexisting conditions The railroad industry is subjected to more stringent safety regulations than other industries Railroad workers who suffer injuries should seek legal assistance of an experienced FELA attorney who can help them receive the maximum amount of compensation for their losses Attorneys FELA Signalling and switches for railroads are essential safety mechanisms to prevent deadly collisions between trains If youve been injured by a malfunctioning switch or signal or other negligent act that your employer has committed you could be entitled to compensation under the Federal Employers Liability Act FELA A reputable FELA attorney is knowledgeable about this specialized law area and can help you fight for the financial compensation you need A FELA lawyer will evaluate your case in depth to determine any negligence that caused your injury They will also explain to you the legal process that can be followed including filing a lawsuit or negotiating a settlement Based on this information theyll create a legal strategy that is specifically tailored to your needs and considers the faults that have been identified When selecting a FELA lawyer choose one with a proven track record of successfully assisting clients with their FELA claims To find out more about the lawyers experience look for testimonials from clients peer endorsements and professional accolades You can request a list of references from previous clients Also you should choose an attorney who is licensed to practice in your state They are better equipped to understand local laws and will be more willing to meet in person FELA actions differ from worker compensation claims since they are based on fault and filed in federal courts It is therefore more difficult to prove your claim In order to win a FELA claim you have to show that your employers negligence caused your injuries To do this you need to familiarize yourself with the tort law principles of common law The complexities of FELA can seem overwhelming but the correct legal team will work to ensure that you receive the amount you deserve A seasoned FELA lawyer can handle the complexities of your case gather evidence and negotiate with the railroad company and represent you in court if necessary Contact an FELA lawyer for a free consultation today The earlier you speak to a FELA attorney more likely you of obtaining the funds needed to cover medical expenses lost wages and pain and suffering