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Federal Employers Liability Act Railroad workers are not protected by state laws on workers compensation but rather by federal laws referred to as the Federal Employers Liability Act FELA FELA allows railroad workers who are injured to sue their employer for damages In order to be successful in a lawsuit brought under the FELA you must prove that your injury was caused either by negligence or an infraction of any federal safety law such as the Power Brake Law or Safety Appliance Act Compensation for FELA The Federal Employers Liability Act FELA offers compensation for workers injured on the job It is a faultbased law which allows for damages that go above what is available under standard workers compensation laws FELA claims are more complicated due to the distinct rules and procedures FELA claims are filed in federal courts so attorneys must be aware of the state tort law as well as federal laws when representing their clients Contrary to workers compensation laws which provide benefits regardless of fault FELA requires that the injured worker prove their employer was negligent in the cause of the accident The FELA was enacted to stop railroad employers from attempting to shield themselves from liability for injuries or deaths caused due to their negligence The FELA compensates injured workers for injuries resulting from railroad defects in addition to benefits under the state workers compensation law After an accident railroad workers who are injured should seek immediate medical care In addition to being crucial for their physical health this action can help build an argument against the railroad in the event that they suffer a recurrence of injury They must also notify their employer of the injury as quickly as they are able to Railroad workers who have been injured are entitled to file a FELA complaint without the fear of reprisal It is illegal for railroad companies to discipline or dismiss employees who file a FELA claim and its illegal to discriminate against employees on the basis of their involvement in legal proceedings related to workplace accidents FELA cases cover a broad range of injuries from train accidents that are catastrophic to repetitive stress injuries Workers who are not seriously injured but are suffering from cumulative trauma may be involved Unlike workers compensation FELA claims allow injured railroad workers to receive compensation for their suffering and pain and also for lost wages Fortunately FELA lawyers are able to help their clients receive compensation FELA Benefits Every employer is responsible to ensure their employees are secure while they perform their workrelated duties Some industries and jobs pose greater dangers to employees but businesses in highrisk industries are held to higher standards of safety They are required to compensate employees who suffer injuries while working more than companies with lower risk In order to ensure that workers are receiving the proper compensation in the event of an injury some federal agencies have passed laws that allow workers to sue their employers for damages in the event of an accident The Federal Employers Liability Act FELA is a prime example of this law It was passed in 1908 as a response to the alarming amount of railroadrelated deaths in the 19th and early 20th centuries FELA allows railroad employees to sue their employers in the event of injury It also grants employees the right to receive financial benefits above and beyond traditional workers compensation claims Unlike workers comp where an injured employee only needs to prove 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 obvious such as carpal tunnel syndrome or a frequent injury In addition to allowing injured workers to recover damages FELA also provides protection against workplace retaliation FELA prohibits employers from taking retaliation towards employees who submit complaints To protect their interests it is essential that employees know their rights and seek assistance of an FELA attorney Injured workers need medical attention prior to filing a FELA lawsuit The injured person should contact an attorney to schedule an appointment and discuss their case An attorney can aid injured workers to determine what damages they could be entitled to and how to claim them FELA benefits include compensation for lost wages future loss of earnings pain and suffering disability disfigurement and emotional distress The compensation provided under FELA is more than covering medical expenses and lost wages That is why it is so important for injured workers to get the help they need by collaborating with a seasoned FELA attorney FELA Statute FELA is a set of federal laws that establishes the rights of railroad workers to seek compensation from their employers when they are injured while on the job 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 complicated set of rules makes FELA cases more difficult than other types of employmentrelated injury claims and requires the expertise of an attorney who knows the intricacies of the law The extent to which an employee is covered by FELA is determined by the scope of their duties and if those duties require him or her to be involved in interstate trade The law applies to anyone working on railways that transport passengers or freight across state borders This includes employees like brakemen and conductors FELA could also include a railroad that operates in the city but grants trackage rights to companies who engage in interstate commerce fela attorneys may be held liable for a workers injuries under FELA when the injury occurs as a result of the employers violation of workplace safety laws such as the Locomotive Inspection Act Railroad Safety Appliance Act or the Boiler Inspection Act It is crucial to understand that in order for a worker to win in a FELA claim they must prove more than just that the railroads conduct violated one of these statutes They must also demonstrate that such violations caused or contributed to their injury If an injured worker prevails in an FELA lawsuit they can be compensated for a broad range of injuries and expenses These damages include medical expenses and lost wages emotional distress and suffering and pain They can also receive damages for the loss of future earning capacity and the aggravation of existing conditions As a highrisk business the railroad industry is subject to more stringent safety standards than other industries Railroad workers injured in an accident need legal assistance by a skilled FELA lawyer who can help them recover maximum compensation for their losses FELA Attorneys Railroad switches and signalling are essential safety mechanisms to prevent deadly collisions between trains If youve suffered injuries by a malfunctioning switch or signal or other act of negligence at the hands of your employer you could be eligible for compensation under the Federal Employers Liability Act FELA A FELA lawyer is knowledgeable about this specialized area of law and can assist you to fight to get the financial assistance you deserve A FELA lawyer will carefully review your case to determine potential acts of negligence that caused the injury They will also explain the legal procedure that can be followed including filing a lawsuit or negotiating a settlement With this information theyll develop a legal strategy specific to your particular situation and considers the mistakes that were made When hiring a FELA lawyer choose an attorney with a demonstrated track record of successfully representing clients with their FELA claims Look for testimonials from clients or peer endorsements as well as professional recognitions to find out more about the experience of the lawyer You can also request a list with references from past clients Finally select an attorney who is licensed to practice in your state They will be better able to comprehend 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 must demonstrate that the negligence of your employer was directly responsible for your injuries To do this it is important to familiarize yourself with tort law principles The complexities of FELA might seem overwhelming but the correct legal team can work hard to ensure that you receive the amount of compensation you are entitled to An experienced FELA lawyer will handle the complexities of your case collect evidence negotiate with the railroad company and even represent you in court if needed Contact an FELA lawyer today for a nocost consultation The sooner you contact an attorney from FELA and the greater your chances are of obtaining the money required to pay for medical expenses loss of wages pain and suffering