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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is which protects railroad workers who are injured in accidents is unique Unlike workers compensation statutes FELA is a faultbased statute and requires employers to demonstrate that their negligence was a factor in the injury or illness FELA also covers cumulative trauma injuries that are not always caused by a specific incident David Paoli an experienced attorney is the ideal person to handle these claims Employers are liable Railroad workers face unique dangers due to the high speed of trains as well as electrical and chemical hazards The Federal Employers Liability Act is designed to provide railroad workers with a fair amount of compensation for injuries they sustain on the job David Paolis work focuses on representing injured railroad workers as well as those who have cumulative trauma claims and specific injuries that occurred under FELA Contrary to the workers compensation statutes which offer compensation for injuries sustained on the job regardless of fault FELA is a faultbased law which means it requires evidence that the railroads negligence played at least some part in producing the death or injury for which damages are sought Finding evidence that a claimants illness or injuries are due to negligence by the employer isnt easy The FELA requires a jury to determine that there was an inherent connection between the victims injuries and the defendants conduct This is a higher standard than that found in common law negligence rules A FELA lawyer with extensive experience can analyze the evidence and determine whether there is an inherent relationship The FELA includes provisions that address the issue of taking on risk However fela law firm have consistently ruled that a FELA action cannot be examined in the assumption of risk doctrine While the FELA could exclude the assumption of risk defense however other common law negligence defenses can be brought by railroad employers Employers can also be sued for negligence in hiring or training employees failure to ensure that equipment is safe and free from dangers and failing to warn employees of potential dangers The FELA also permits dualcapacity lawsuits in which an employer is able to be sued as an employer and a producer of defective products that have caused an employee to be injured or die For instance asbestoscontaining items were employed by railroads for a number of years Many employees developed debilitating ailments after being exposed to asbestos The FELA also permits punitive damages for nonemployees like family members who have suffered a wrongful death or debilitating injuries because of an employees workrelated accident or illness Responsibilities of Employers Railroad work is a notoriously hazardous occupation and that fact led Congress to adopt the Federal Employers Liability Act in 1908 This law establishes a set of obligations for employers working on a railroad involved in commerce with foreign or interstate The law offers compensation to workers who have been injured as a result of their employers negligence The law also defines a number other specific responsibilities of employers such as providing adequate supervision and training Many people who have been injured as a result of the negligence of their employers are able to receive the help they need because of FELA It is important to remember that not all railroadrelated accidents can be considered FELA claims The law requires that employees prove that their injury or loss occurred as the direct result of their employers breach of duty In order to do so to do this they will have to provide extensive evidence that the employer was negligent and they will also have prove their injury as the result of this negligence It is important to know that FELA does not permit defenses that are based on assumption of risk or contributing negligence If an employee is found to have contributed in some way to their own injury any settlement or award will be reduced in proportion to the proportion of fault they share In order to comply with FELA employers must ensure that their employees are trained on how to operate equipment safely and to ensure that working conditions are safe They also have to ensure that employees receive proper medical treatment and ensure that all injuries are reported promptly In addition they must give enough time off to employees injured while on the job to recuperate FELA is an expansive law that allows injured railroad workers to receive a higher amount of compensation than they are entitled to under the standard workers compensation claim If youve been injured at work its a good idea for you to speak to a Shreveport rail injury attorney immediately They can help you understand the distinctions between FELA and workers compensation and they can offer the help you need to pursue maximum compensation Employers Duty of Care It is the primary responsibility of an employer to provide a secure workplace for their employees This is known as the employers nondelegable obligation of care This is a common law notion that adds to an employers legal obligations It requires employers to maintain an environment that is reasonably safe and to provide competent personnel to ensure their employees security The responsibility of care extends beyond the workplace and includes a companys actions in the community and internationally In a globalized environment disasters accidents and other unpredictable events can directly impact a companys operations Businesses must have plans for disaster preparedness to be prepared for all eventualities These plans should be regularly updated It is the responsibility of the employer to ensure that their property is free of dangers and that their employees arent to dangers Moreover the duty of care entails an obligation to protect employees from the negative effects of exposure to harmful substances Moreover the duty of care includes the requirement to ensure that employees have access to medical treatment and other health services Additionally an employers duty of care demands that it take actions to prevent injuries from occurring in the first place This includes training workers on how to handle dangerous materials and ensuring that they are aware of the dangers associated with them While a duty of care is a crucial aspect of business it can be difficult to define The term is used by lawyers to define an intricate legal concept There are two types of duties of care ethical duties and legal obligations Ethical duties are those that are based on the morality of an individual while legal duties are those imposed by the government or enacted through statute All businesses have a moral and legal obligation to protect their employees customers and everyone else who is visiting their property Failure to do so can have serious consequences such as fines and litigation Damages Railroad workers risk their lives every day to keep trains running on time Despite their efforts accidents still occur and FELA is the sole source of compensation for injuries sustained during work Understanding the process by which FELA claims are filed and the types of damages that can be awarded is vital for any injured railroad worker A knowledgeable FELA lawyer can assist you to learn about the laws and make a claim Under the FELA damages can include discomfort and pain medical expenses as well as lost earnings future loss of earning and funeral expenses The law permits the recovering these damages if a worker can prove that they suffered injury because of the negligence of an employer or violation of federal safety statutes Contrary to workers compensation the FELA law allows for the recovery of damages that are based on comparative negligence instead of the statutory benefit schedule Railroad workers who have been injured are also able to recover past and future medical expenses This includes all medical costs that are related to the injury including physical therapy medication and any necessary equipment needed to aid in the recovery of a worker It could be a large sum of money and is an essential element of any FELA claim Workers compensation laws differ from state to state but FELA is a federal statute that guarantees a uniform distribution of cases across the country Whatever the location where the claim is filed it will be heard by a court that has jurisdiction Any railroad worker injured and who believes they are entitled to a FELA claim should speak with an experienced lawyer as soon as they can The sooner a lawyer is in contact the more likely that the claim will be successful The railroad will have an inhouse legal team fighting to prevent the worker from receiving a fair settlement and it is crucial that the injured worker has a seasoned and skilled advocate by their side A FELA lawyer with experience can make sure that the claim has been filed in a timely manner within the statute of limitation