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Federal Employers Liability Act FELA The railroad industry is a risky workplace that could cause serious injuries These injuries can range from accidents on trains to asbestosrelated illnesses like mesothelioma If youve suffered injuries while working and youre not sure what to do seek legal advice from a Tennessee FELA attorney FELA is an important law that permits workers to sue their employers for negligence Unlike state workers compensation laws FELA claims require proof of the employers fault FELA is a federal law FELA allows railroad workers to claim compensation for injuries they sustain during their work This law allows injured railroad workers to bring lawsuits against their employers for injuries that result from negligence of the company Injured workers can receive damages for their past and future medical expenses pain and suffering and lost wages These cases are similar in nature to those that are filed under the state laws governing workers compensation but with additional requirements They also have unique rules and procedures that require the attention of a lawyer who is skilled in FELA litigation In general anyone working for railways is covered by the law This includes all employees who have an ongoing work assignment in interstate commerce such as conductors and train engineers brakemen switchmen signalmen engineers and machinists The law also applies to employees who arent typically considered to be involved in interstate commerce This includes office workers and contractors In order to qualify to file a FELA claim the employee must demonstrate that their injury or illness was the result of their employers negligence It is important to remember that the law does not necessarily mean that the railroad was negligent in all cases It must be established that the employer breached their obligation of care to the employee in any way such as not providing adequate safety training or equipment or by permitting a hazardous working environment The law was first enacted in 1908 It is based on tort laws that are widely used Although it is a federal law it has influenced the development of state tort laws In addition to FELA states many states have their own workers compensation laws that cover workers in highrisk industries and jobs FELA claims can be filed by railroad employees who are injured on the job regardless of the place where the accident took place railroad injury fela lawyer of deceased railroad workers are eligible to pursue a wrongful death claim as well It is a strict liability law The Federal Employers Liability Act FELA is a strict liability law that allows railroad workers to bring claims against their employers for injuries resulting through their negligence The FELA compensates injured workers and their families In addition it provides benefits provided by the workers law on compensation To be eligible for FELA a worker must prove that the injury was the result of railroads negligence or failure to provide safe working conditions The FELA also permits employees to pursue claims for damages not covered by workers comp including pain and suffering If however an employee is found guilty of contributing negligence the jury will reduce the amount they award by a sum which is proportional to their fault This is known as assumption of risk It is a tort law The Federal Employers Liability Act FELA is a tort law that allows injured railroad employees to sue their employers for damages This is a distinct area of law with unique rules and procedures that require the expertise of an attorney who is wellversed in FELA cases In contrast to the laws governing workers compensation which compensate regardless of fault FELA requires proof that the negligence of the employer led to the injury or death In 1908 Congress passed the FELA to address the high danger of accidents at work for railroad employees While individual states had already established workers compensation laws these laws excluded workers who were involved in interstate commerce The FELA addressed the exclusion of workers engaged in interstate commerce by allowing the state tort liability laws and allowing injured railroaders to sue their employer for additional damages that arent available through workers compensation A worker may seek compensation under FELA in the event of injury or killed as a result of the negligence of a driver This includes negligence that results from inability to maintain safe working conditions such as inadequate tracks or equipment This includes failing to properly train and supervise 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 allows for the recovery of medical expenses and other compensation This is in addition to the regular benefits for workers compensation The FELA allows compensation to be paid to the family members of a deceased worker In certain circumstances this may include the spouse and children of the deceased worker If you are a railroad worker who has suffered an injury at work you must contact an attorney familiar with FELA immediately The FELA allows you to file a lawsuit up to three years from the date of the injury However it is essential that you hire an attorney to begin gathering evidence as early as possible This is because railroads begin to collect documents statements and witnesses immediately after receiving notification of your injury It is a law that is based on the concept of liability After half a century of insisting that they were more than mere industrial wage earners railroad employees finally gained recognition in 1908 through the passing of the Federal Employers Liability Act FELA The law exempts railroad workers from state workers compensation and is designed to provide financial security to injured workers In contrast to the statutes for workers compensation which provide compensation regardless of fault in an injury FELA is a law built on the concept of liability and requires proof of negligence by the railroad It also ends the rule that allowed employees to claim that they were responsible for the risks associated in their job To be eligible to receive FELA benefits workers must meet the following conditions to provide a safe work environment This could include training employees or inspecting the workplace for unsafe conditions and potential hazards Employers also need to keep up with maintenance and ensure that equipment is operating correctly In the event of an workplace accident that results in death surviving spouses and children will receive compensation If the accident wasnt caused by negligence A jury will determine the amount of damages that will be awarded at the conclusion of the trial