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Federal Employers Liability Act FELA The railroad industry is a highrisk working environment that can lead to severe injuries These injuries can vary from train accidents to asbestosrelated diseases like mesothelioma If youve been injured while working you should seek legal assistance from a Tennessee FELA attorney FELA is a law that allows those who have been injured by their employer to sue for negligence Contrary to the state laws on workers compensation FELA requires proof of negligence by the employer FELA is a federal law If a railroad worker is injured an injury while working they may be able to seek compensation under FELA This law allows railroad workers who have been injured to claim compensation from their employers for injuries resulting from the companys negligence Injured workers are entitled to compensation for future and past medical expenses as in addition to pain and suffering and lost wages These cases are similar in nature to those filed under state workers compensation laws but with additional requirements They also have their own rules and procedures that require the attention of a lawyer who is experienced in FELA litigation Generally anyone who works for a railroad is covered by the law This includes all employees who have a regular work assignment in interstate commerce such as conductors and train engineers brakemen switchmen engineer trainees signalmen and machinists However the law applies to other employees who arent normally considered to be involved in interstate commerce such as office workers and contractors In order to qualify to file a FELA claim a worker must demonstrate that their illness or injury was the result of their employers negligence Keep in mind that the law does not necessarily mean that railroads are negligent in all cases It must be proven that the employer breached his duty of care to the employee for example in failing to provide safety equipment or adequate training or creating a hazardous working environment The law was enacted in the year 1908 It is based on tort laws which are common It is a federal law but it has also influenced the state tort laws In addition to FELA many states have their own worker insurance laws that cover workers in highrisk sectors and jobs FELA claims can be filed by railroad employees who have been injured on the job irrespective of the place where the accident took place The families of railroad workers who have died are able to file a wrongful death claim as well It is a strict liability law The Federal Employers Liability Act is a strict liability law that allows railroad workers to sue their employers for injuries they caused due to their negligence The FELA offers compensation to injured workers and their families This is in addition to the benefits offered by state workers compensation laws In order to be eligible for FELA a worker must prove that the injury was caused by the railroads negligence or its failure to provide safe working conditions The FELA also allows employees to pursue claims for damages not covered by workers compensation including suffering and pain However if an employee is found guilty of contributory negligence the jury will reduce their award by a amount which is proportional to their fault This is referred to as assumption of risk It is a tort law The Federal Employers Liability Act FELA is a tort law that permits injured railroad workers to sue their employers for damages It is a specialization area of law with unique rules and procedures An attorney who is familiar with FELA suits is needed to assist you In contrast to workers compensation laws which provide compensation regardless of fault by employers FELA is a faultbased statute that requires evidence that the negligence of an employer was the direct cause of the death or injury In 1908 Congress passed the FELA to address the danger of accidents at work for railroad workers While individual states had already begun to establish workers compensation laws these laws excluded workers involved in interstate commerce The FELA addressed the exclusion of employees engaged in interstate commerce by allowing the state tort liability laws and permitting injured railroad workers to sue their employer for additional damages that are not available through workers compensation Under FELA a worker may seek compensation from his or her employer if he or is injured or killed as a result of the carriers negligence This includes negligence resulting from inability to maintain safe working conditions for example defective tracks or equipment It also includes failure to train workers properly and properly supervise them It also involves a violation of safety standards established by the Occupational Safety and Health Administration or other laws like the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also allows the possibility of recovering medical expenses and other compensation This is in addition to normal benefits of workers compensation In the case of a workers death the FELA will pay of compensation to family members In certain situations the FELA may protect the spouse and children If you are a railroad worker who has been injured at work you should contact an attorney familiar with FELA immediately fela claims allows you to file a lawsuit within up to three years after the date of injury However it is crucial to consult with an attorney to 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 liabilitybased law After more than a halfcentury of trying to prove they were more than industrial wage earners in 1908 railroad workers finally gained recognition through the passage of Federal Employers Liability Act The law which excludes railroad employees from the states workers compensation programs was crafted to ensure financial security for injured workers Unlike workers compensation statutes 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 railroad It also abolishes the doctrine that allowed employees to claim that they had assumed the risks associated in their job To be eligible for FELA benefits the worker must satisfy the following requirements Providing a safe work environment This could mean training workers or examining the workplace for dangers and unsafe conditions Employers should also keep up with maintenance and ensure that equipment is operating correctly In the event of an workplace accident that causes death the spouses of survivors and children will receive compensation If the accident isnt caused by negligence then a jury will determine the amount of damages to be awarded at the end of a trial