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Federal Employers Liability Act FELA and Railroad Workers Railroad workers have been given special protections under FELA These protections include strict standards of negligence and liability as well as specific burdens for proving Additionally FELA requires that any injuries caused by a railroads negligence should be determined by jury The proper documentation is crucial for a successful FELA claim This can include medical documents incident reports and other evidence It is a federal law In 1908 the Federal Employers Liability FELA Act was enacted in response to the high number of railroad worker deaths and injuries The law permits injured railroad workers to sue their employers for damages including medical expenses and wages lost The law also provides for compensation for pain and suffering Contrary to lawsuits for workers compensation FELA lawsuits will be determined by a jury of the community FELA is available to active and retired railroad employees In addition to injured employees as well as family members of a deceased railroad employee can submit an FELA claim Railroad workers who have been injured or ill can sue their employers for past and future medical expenses as well as lost benefits and mental and physical suffering They can also seek punitive damages that are intended to penalize the railroad for its negligence A FELA case is one that has a lot of complicated issues and requires the assistance of an experienced attorney Attorneys must be able to handle multiple parties and varying jurisdictional laws They should also be conversant with the state tort laws that overlap and the specific laws that govern FELA cases They must be competent in gathering the required evidence and build a strong argument for their client They should also be competent to negotiate with the railroad and advocate for their client in court if necessary Railroad workers must prove their injury or the injury of a lovedone as well as that the railroad was negligent This can be a difficult task especially when the injury is the result of a series of traumas over a long period of time David Paoli has experience pursuing these types of claims He has been successful in settling FELA cases for his clients Injured railroad workers are entitled to full compensation for their injuries They must demonstrate their losses the extent of their injuries and provide an exhaustive list of all expenses that they have incurred Railroad workers who have been injured are entitled to a jury trial and are able to receive punitive damages These are designed to discourage the defendant from engaging in the same reckless actions Railroads will fight to the death for every penny A knowledgeable FELA lawyer can help injured railroad workers receive the highest compensation possible It is a law based upon fault In order for a railroad worker to receive compensation they must prove their injury was caused by the companys negligence This is a different burden that is not covered by the nofault workers compensation system and could lead to lawsuits that are hard to prevail in A experienced FELA lawyer can assist them to achieve the best possible results FELA is also connected to other federal laws that increase the safety of railroad workers fela railroad accident lawyer include the occupational safety and health act Locomotive Inspection Act and the Railroad Safety Appliance Act If a railway worker can prove that their employer violated one of these laws and the breach led to their injuries they are entitled to damages This includes past and future medical expenses loss of income benefits and pain suffering aggravation and a decrease in quality of living Unlike workers comp FELA claims are decided by a jury In order to bring a lawsuit against the railroad under FELA the law a variety of criteria must be fulfilled The most important requirement is that the railroad must have been negligent and the injury must have occurred in the course of employment The injury also must be related to the railroads business which implies that it must be involved in interstate commerce The accident must also have resulted in an impairment in physical or mental health A FELA claim must be filed within three years from the date of injury Consult a lawyer as quickly as possible following an accident A lawyer can assist you determine whether your claim is valid and also what the next steps to take It is important to understand that railroads send a team of lawyers and other employees who will oppose your claim These people are highlytrained and are dedicated to reducing or even defeat your claim A railroad worker injured in the line of duty must notify their employer as soon as they become aware of the injury The report should contain all pertinent information and be precise The injured worker must then seek medical attention by an experienced physician Often the railroad will send a supervisor to the doctor along with the injured worker however it is crucial to remember that the supervisor doesnt have the right to hear or see confidential patientphysician information It is a law that does not penalize anyone for any wrongdoing FELA is a federal law that provides compensation to railroad workers who suffer injuries during the course of their job This law also provides railroads an incentive to provide an environment that is safe for workers in railroad yards along with trains and in other support centers Railroads usually respond to pressure from FELA by establishing safer work conditions and providing more insurance benefits to injured employees In addition to providing financial compensation FELA allows an injured railroad worker to sue their employer for negligence Workers compensation laws only require that the injury be caused by an accident at work However the burden of the proof required in a FELA claim is higher than in the case of workers compensation The plaintiff must demonstrate that negligence by their employer played a part in their injuries Moreover plaintiffs must prove that the railroad violated any of the guidelines set forth in FELA in order to get full compensation This is referred to as a featherweight burden of proof which is much more difficult than proving liability under state workers compensation laws The FELA can be filed in both federal and state courts FELA also has a greater coverage than workers compensation because it covers all railroad employees whos work involves interstate commerce It has proved to be a powerful tool for protecting the rights of railroad workers and improved tort law by setting precedents on issues like emotional distress on the railway damages work conditions standards and wrongful deaths If you are a railroad worker it is important to hire an attorney right away after suffering an injury The longer you wait to engage an attorney the more difficult it will be for you to prove your injuries The railroad will begin collecting statements documents and evidence against you as soon as they discover that you have been injured Hiring an experienced lawyer who is knowledgeable about FELA can help you avoid these pitfalls It is a law that prevents wrongful death FELA an act of the federal government permits railroad workers to sue for injuries or illnesses It covers future and past medical bills as well as physical pain and emotional distress It also compensates the loss of income resulting from an illness or injury It can also pay for death caused by workrelated illnesses or accidents Consult an FELA lawyer as soon as you can after an accident at work They can offer the best advice and direction In addition to filing a FELA claim it is important to document the injury and the impact it has on your life Keep the track of your lost wages and times you have spent attending subsequent appointments Keep a log of your pain and discomfort This will allow the FELA court to judge the severity of your injuries In addition if are incapable of returning to your previous job and you are unable to return the FELA court will take this into consideration when determining compensation An experienced FELA lawyer can assist you navigate the complicated process of a FELA claim They can obtain statements from witnesses conduct recreations of the incident that caused the accident and search for documents and records that may be evidence to support your claim They may also challenge the railroads assertions that your injury is not connected to your work or that their negligence didnt cause it The burden of proof is more in a FELA case than in a workers compensation case In contrast to workers compensation you have to prove that the railroad was negligent in causing your injury or illness This is why its crucial to find an experienced FELA lawyer as soon as possible after an injury to the railroad The FELA statute of limitations is three years from the date of injury Your claim will be barred when you fail to submit a claim within this time frame A FELA lawsuit could also cover claims for cumulative trauma injuries which result from repetitive motions on the job It also covers occupational diseases such as mesothelioma which is caused by exposure to toxic chemicals