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Federal Employers Liability Act The federal employees liability act FELA allows railroad employees to sue their employers Unlike workmens compensation laws which provide payouts regardless of the fault of the railroad FELA requires plaintiffs to show that negligence by the railroad caused their injuries Former and current railroad workers are able to file FELA claims as well as relatives of railroad workers who die from an occupational illness such as mesothelioma A FELA lawyer with a lot of experience handling these cases will be skilled Statute of limitations In 1908 the Federal Employers Liability FELA Act was created to provide protection and compensation for railroad workers The law defines the essential duties and responsibilities of a railroad and outlines what negligence can lead to injuries and damage to employees The law also establishes the time limit within which injured employees can file a lawsuit in order to be compensated In FELA cases unlike workers compensation claims the injured party must prove that their employer was at fault in the cause of their injury This is referred to as the causation requirement The United States Supreme Court interpreted this to mean that the railroaders negligence has to play a part even if small in causing the damage for that is the basis for seeking damages If an employee can prove that their employer was negligent in providing the proper safety equipment training or other safety measures or if they breached workplace laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act it is easier to establish an argument for negligence The law also prohibits employers from relying on defenses such as assumption of risk and fellow employee negligence which creates a more favorable legal framework for injured railroad workers This is why its so crucial to create a solid case for injury before filing a lawsuit This includes the assurance that an expert medical professional has examined the injury or illness and has taken photos of the incident and the surrounding area speaking with witnesses and coworkers as well as reviewing and taking photos of tools or equipment that could be the cause of an accident A FELA attorney is also necessary to speak with immediately following an accident since there is a specific deadline within which the lawsuit can be filed In FELA cases it is three years from the date when an individual knew or should have known that their injury or illness was related to work Failure to file a lawsuit in a timely manner can have devastating financial and personal consequences for an injured railroad worker This is especially true when an injury causes permanent disability It can also negatively impact any future plans for retraining or a career Occupational Diseases The occupational disease can manifest in a wide range of occupations and industries These ailments may be caused by the nature of your job or a combination In the wake of medical research and epidemiological studies it is becoming easier to prove that specific illnesses are linked to particular occupations or industries Asbestos and mesothelioma for instance are typically related to specific jobs and industries FELA laws provide railroad workers the right to hold their employers accountable for any injuries or illnesses caused by their work In many ways it is like workers compensation for railroaders but it provides more benefits and requires proof that the injury or illness resulted from a breach of a law regulation or policy A dedicated FELA lawyer can assist you to obtain the maximum amount of amount of compensation FELA offers more protections than workers compensation however it also has its own rules and requirements FELA allows for comparative fault which means you can still get compensation when youre partially responsible for your accident or illness The FELA statute of limitations is three years for workrelated accident or death claims For a mesothelioma or other illness claim the clock begins either on the day that you were diagnosed or on the day when your symptoms became disabling A FELA case requires extensive documentation and testimony from health and safety experts so it is important to be partnered with a seasoned FELA lawyer They can help you create a strong case and gather the necessary documentation to claim the amount of compensation youre entitled to They can also assist you to determine whether you were more or less than 50 percent at fault for the accident or exposure to toxic materials This could impact the amount you receive in settlement or trial For instance if you are found to be more than 50 responsible for an accident or injury then your settlement or trial award will be reduced by the same percentage More than 100 years of FELA litigation has pushed railroad companies to consistently adopt and implement safer equipment and practices Despite these improvements trains tracks and rail yards remain among the most hazardous workplaces in the United States Repetitive Trauma Injuries Workers are frequently injured while at work if they do the same physical actions repeatedly These actions could include sewing typing assembly line work listening to music driving and much more The resulting injuries from these repeated actions often develop so slowly that the affected worker may not realize they are injured until it is late to take legal action Many people view workplace accidents as a single incident such as getting injured by slipping and falling or getting sick due to exposure to a harmful chemicals However thousands of small repetitive movements can lead to significant injuries and disability over time These kinds of injuries are referred to as cumulative trauma injuries or repetitive stress injuries and can be as severe as a sudden severe injury The Federal Employers Liability Act FELA 45 USC 51 permits employees in highrisk industries to sue their employers for damages not covered by traditional workplace compensation such as workers compensation FELA claims are different from normal workers compensation cases They require specific proof of negligence on the part of the employer FELA claims must be filed in accordance with strict guidelines and handled by experienced attorneys Most railroad workers who are involved in interstate commerce which includes clerical staff temporary employees and contractors could be qualified to make a FELA complaint Engineers conductors and brakemen are among the most obvious FELA covered workers But the law also covers office workers as well as signalmen trainmen and other employees as well as any person who is exposed railroad equipment or goods or services Contact a FELA lawyer immediately after an accident When the railroad is informed of the incident the railroad begins collecting statements reenacting the event and acquiring documents and records An attorney who is familiar is able to quickly uncover and preserve the relevant information This is particularly important since evidence fades with time Hiring an attorney early also ensures that the evidence will be accessible in time for trial Intentional exposure to harmful substances All businesses have a responsibility to ensure the safety of employees and customers Certain industries and occupations are more hazardous than others In these highrisk jobs and industries employers are held to even stricter safety guidelines fela accident attorney is why some states have laws specifically designed to protect workers in their particular sector for instance the Federal Employers Liability Act FELA code 45 USC 51 Since more than a hundred years FELA litigation led to improvements in equipment and safer working practices on trains rail yards and machine shops Despite these advances railways are still dangerous places to work Many FELA cases are caused by toxic exposures to substances such as asbestos silica dust welding fumes herbicides and chemical solvents including Roundup These exposures have been linked to serious health conditions like mesothelioma and pulmonary fibrosis and lung cancer When a major railroad KNEW of the dangers that come with these exposures yet did not take the necessary precautions to protect their employees this could be considered negligent and could result in substantial FELA damage In contrast to claims for workers compensation FELA cases are faultbased and filed in federal court Researchers must be aware of tort law principles as well as any state tort laws which may apply to tort claims added to the FELA case