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Federal Employers Liability Act FELA Railroads are a highrisk industry that can result in serious injuries These injuries can be caused by train accidents or asbestosrelated illnesses like mesothelioma If you have been injured at work it is recommended to consult an Tennessee FELA lawyer FELA is an important law that permits employees to sue their employers for negligence In contrast to the states laws on workers compensation FELA claims require proof of the employers fault FELA is a federal statute FELA allows railroad employees to seek compensation for injuries they sustain while working This law permits injured railroad workers to file lawsuits against their employers for injuries that result from negligence of the company Injured workers are entitled to compensation for future and past medical expenses as well as pain and suffering and lost wages These cases are similar in nature to the ones filed under the laws of state workers compensation but with additional requirements These cases also require specific rules and procedures which require the attention of a lawyer with experience in FELA litigation Anyone who works for a railway is usually covered by the law This includes those who have a regular work assignment in interstate commerce for example conductors and train engineers brakemen switchmen signalmen engineer trainees and machinists However the law also covers other employees who are not normally considered to be involved in interstate commerce such as contractors and office workers In order to be eligible to file a FELA claim the worker must demonstrate that their injury or illness was caused by their employers negligence Remember that the law doesnt necessarily imply that railroads were negligent in all instances It must be established that the employer has violated their duty of care to the employee in any way such as by failing to provide adequate training or safety equipment or by allowing an unsafe work environment The law was first enacted in 1908 It is based on tort principles which are common It is a federal law but it has influenced state tort laws In addition to FELA states many states have their own worker insurance laws that cover workers in highrisk industries and jobs Whatever the state in which an incident occurred a FELA claim can be filed by any current or retired railroad worker who suffered an injury while working Families of deceased railroad workers can pursue an wrongful death claim as well fela claims is a strictliability law The Federal Employers Liability Act is a strictliability law that allows railroad employees to sue their employers for injuries they caused through their negligence The FELA provides compensation for injured workers and their families This is in addition to the benefits offered by workers law on compensation To be eligible for FELA a worker must prove that the injury was caused by the railroads negligence or inability to provide safe working conditions The FELA also allows employees to sue for damages that are not covered by workers compensation which includes pain and suffering If an employee is found to be guilty of contributing negligence then the jury will reduce the award by an amount proportional to the amount This is referred to as assumption of risk It is a tort law The Federal Employers Liability Act FELA a tort law allows railroad workers injured to pursue damages against their employers It is a specialized field of law with unique rules and procedures A lawyer who is knowledgeable about FELA suits is needed to help you Contrary to the laws governing workers compensation that provide compensation regardless of fault by an employer FELA is a faultbased statute that requires proof that an employers negligence was a direct cause of the death or injury In 1908 Congress passed FELA in response to the high danger of railroad workers getting injured at work Although states had established workers compensation laws they had not included workers who were involved in interstate commerce The FELA addressed the exclusion of workers engaged in interstate commerce by allowing more flexibility to the state tort liability laws and allowing injured railroaders to sue their employers for additional damages not available through workers compensation A worker is entitled to compensation under FELA in the event of injury or killed by the negligence of a carrier This includes negligence that results from a failure to maintain safe conditions for workers and their equipment for example defective equipment or tracks This includes failing to properly supervise and train workers It also involves a violation of safety standards set by the Occupational Safety and Health Administration or other laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also provides reimbursement for medical expenses as well as other compensation This is in addition to the normal workers compensation In the event of a workers death the FELA provides for the payment of compensation to the workers family members In certain circumstances this may include the spouse and children of the deceased worker If you are a railroad worker who has been injured at work you must consult an attorney with experience in FELA immediately While FELA allows up to 3 years from the date of your injury to pursue an action it is essential to choose an attorney who can begin gathering evidence as early as possible The railroad will begin to collect statements documents records and witnesses as soon it is informed of your injury It is a law that is based on liability After half a century of arguing they were more than just industrial wage earners in 1908 railroad workers finally got recognition through the passage of Federal Employers Liability Act The law which excludes railroad employees from the states workers compensation programs was crafted to provide financial security for injured workers In contrast to the statutes for workers compensation that provide the payment of compensation regardless of fault FELA is a liabilitybased law that requires proof that the railroad was negligent in creating injuries Furthermore it abolishes the concept of assumption of risk which had previously allowed employees to claim that they took on the risks of their job To be eligible to receive FELA benefits a worker must fulfill the following requirements Provide a safe and secure working environment This may involve training workers or examining their workplace to look for potential hazards and unsafe conditions Employers also need to maintain their facilities and make sure that equipment is operating correctly If an accident at work causes death the spouse and children will be compensated If the accident is not caused by negligence the jury will decide the amount of damages awarded at the end of the trial