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Federal Employers Liability Act The risk of accident and death in railroad work prompted Congress to adopt the Federal Employers Liability Act FELA in 1908 FELA changed the law of the land by allowing injured workers to seek damages even if their employer was not negligent It also permits the claimant to submit a claim with no fear of job loss or employer retaliation Compensations under FELA can cover a wide range of things such as past and future medical treatment as well as lost wages and pain and suffering and emotional distress Employers have a duty to provide a safe working environment Employers are obligated to create a safe working environment If they fail to do this they could be held liable for any injuries that occur They also have a duty to train their employees properly and inspect the workplace for any hazards or unsafe conditions In addition they are required to an obligation to provide their workers with proper equipment and tools If a railroad worker is injured he can file a claim for compensation against the employer under the Federal Employers Liability Act Congress passed FELA 1908 to address the high rates of accidents in the railroad industry and to promote uniform rules and procedures for railroad equipment and procedures It is the exclusive remedy for all claims against a railroad employer and can be filed in either state or federal court This covers any death or injury that occurs while working for a railroad It also covers toxic exposures as well as traumatic injuries The term reasonably secure is defined as a condition that is not likely to cause serious harm to a worker What constitutes reasonable safety will be determined by the specific circumstances To be held responsible an employer must have had knowledge or ought to have known that the work environment was unsafe and failed to rectify the situation Railroad workers injured in an accident can claim a variety of damages which include lost wages as well as medical expenses In addition the law allows punitive damages to be awarded for the companys negligence The law applies to all railroad employers who are engaged in interstate trade and their employees This includes conductors and engineers brakemen and firefighters machinists and yardmasters bridge and construction workers sheet metal workers and pipefitters In addition to traumatic injuries the law also covers compensation for occupational illnesses like mesothelioma or lung cancer It also covers aggravated preexisting ailments such as asthma and hearing loss To be eligible for a FELA lawsuit the plaintiff must demonstrate that their loss or injury is due to an action by their employer and that they were not entirely responsible for the injury Additionally the employee must prove that the incident occurred during the course of the course of their employment and that they were not an independent contractor Employers are responsible for training employees FELA or the Federal Employers Liability Act was enacted by Congress in 1908 It allowed railroad employees to sue their employers if they were injured while working Unlike state laws governing workers compensation FELA allows victims to be awarded monetary compensation for suffering and pain FELA claims also allow for damages that are greater than those granted under state laws governing workers compensation The law also requires that railroads provide their employees with safe working conditions and proper training The law also requires that the work place be inspected for dangers to safety It is crucial to take this responsibility seriously Failure to adhere to the law could result in penalties The law also imposes the obligation to train all new employees and ensure they are aware of the safety guidelines of the company railroad injury fela lawyer was enacted to provide compensation for railroad employees injured and their families It also serves as a basis for lawsuits filed against railroad companies and their servants agents and employees Additionally FELA exempts railroad workers from state laws on workers compensation which normally prohibit injured railroad employees from suing their employers To win a FELA case the plaintiff must demonstrate common law negligence or that the railroad acted recklessly In addition to the abovementioned duties FELA requires railroads to establish a system of safety rules and standards Railway companies must create a mandatory safety committee implement a comprehensive employeetraining program and conduct regular safety inspections The FELA does not permit certain defenses like assumption or risk and contributory negligence Despite these obligations the majority of railroad accidents are caused by workers error Additionally a lot of the injuries sustained by railroad workers can be prevented Therefore it is critical to seek advice from an experienced attorney if been injured while working for the railroad This LibGuide was created as a study aid for Villanova Law School Students and does NOT constitute legal advice Employers are required to inspect the workplace In addition to ensuring that they meet the federal safety standards railroad employers in Virginia and across the United States are also required to comply with the Federal Employers Liability Act FELA They must inspect their workplaces for dangerous conditions and fix them or warn workers about them They must also provide their employees with necessary tools and equipment to do their jobs safely FELA is a law that offers compensation to railroad workers who are injured while on the job It was passed in the year 1908 and allows injured workers to sue for damages such as medical bills and lost wages However unlike the laws governing workers compensation the FELA requires injured railroaders to prove that their injuries resulted from the negligence of the employer Railroad workers are exposed harmful substances such as silica dust and welding fumes These substances have been linked to a variety of serious health issues such as mesothelioma and lung cancer Railroad companies KNEW that these chemicals were hazardous and could cause health issues However they did not safeguard their workers If youve been injured as a railroad worker its essential to speak with an attorney with experience in handling FELA cases 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 your rights are protected Employers are required to offer medical assistance An injury at work can be devastating both mentally and physically In some instances injuries can be lifethreatening or fatal In these cases employees can sue their employers for costs for medical treatment and lost wages There are exceptions to the rule Employees in highrisk industries like railroads are subject to more stringent safety rules They are also subject to the rules by the Federal Employers Liability Act FELA In contrast to workers compensation FELA claims are faultbased FELA was passed by Congress in 1908 It deals with the responsibility of rail carriers to their employees for industrial accidents The law scuttled a variety of defenses available to commonlaw employer such as employee assumption of risk or contributory negligence The law also permitted juries to decide monetary awards based on comparative fault which differs from the predetermined benefit schedule in workers compensation It applies to anyone who is employed by a railroad company that operates trains or handles freight in interstate commerce This includes office workers contractors and temporary employees In addition FELA also covers the spouses of workers killed on the job It also covers any worker who suffers an injury at work This includes traumatic injuries such as broken bones pulled muscle joint sprains and lacerations This includes injuries resulting from repetitive movements as well as occupational diseases like asbestosis An experienced FELA lawyer can assist you in filing a claim for damages They can collect the evidence needed to support your claim including extensive medical documentation They can also assist in reaching out to the insurance company for an equitable settlement FELA claims resulting in injury or death caused by an accident have an expiration date of three years The clock starts on the date of the accident or the date the illness was first discovered For occupational illnesses such as mesothelioma or cancer the statute could begin on the day of diagnosis or when symptoms became disabling While FELA does not require an injured railroad worker to submit an accident or incident report it is imperative to do so This will allow them to receive the highest quality medical treatment and provide them with a better understanding of the circumstances surrounding their injury It is essential to take photographs of any visible injuries before they heal These steps will allow you to establish a strong claim under the FELA