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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is a unique law that protects railroad workers who are injured In contrast to workers compensation statutes FELA requires employers to prove that their negligence contributed to the employees illness or injury FELA also covers cumulative trauma injuries which are not always caused by a specific incident This is why these claims need the attention of an experienced attorney such as David Paoli Employers are liable Railroad workers are exposed to unique dangers due to the speed of trains as well as chemical and electrical dangers The Federal Employers Liability Act is designed to provide railroad employees with fair indemnity for injuries they suffer while working David Paolis law practice is focused on representing railroad workers who have suffered injuries including those who have cumulative trauma claims or specific incident injury cases filed under FELA In contrast to workers compensation laws which provide compensation for workrelated injuries regardless of the cause FELA is a faultbased law meaning that it requires evidence that the railroads negligence played at least some part in producing the injury or death for which damages are sought It is not easy to prove that an employees workrelated injury or illness is due to the employers negligence The FELA requires that a jury find an inherent relation between the injury sustained and the defendants conduct This is a broader standard than that found in common law negligence rules As such a qualified FELA lawyer will have extensive expertise in analyzing the evidence and determining if an inherent relationship exists Additionally the FELA also contains provisions to address issues of assumption of risk However courts have consistently declared that a FELA case cannot be tried with the assumption doctrine of risk Employers of railroads can still make use of other common law negligence defenses even though the FELA does not allow the assumption of risk defense This includes negligence in the hiring or training of employees and the failure to keep equipment reasonably safe and free from hazards and the inability to warn of the dangers The FELA also allows dualcapacity lawsuits in which an employer could be sued as an employer and a producer of a defective product that has caused an employee to become injured or die Railroads for instance used asbestoscontaining products for many years As a result many employees were exposed dangerous asbestos and suffered debilitating illnesses The FELA also allows for punitive damages for nonemployees like family members who suffered wrongful death or debilitating injuries due to an employees workrelated accident or illness Employers Responsibilities Railroad work is a highly hazardous occupation which is why it was the reason for Congress to pass the Federal Employers Liability Act in 1908 The law sets out a set of obligations for employers who work on a railroad that is involved in international or foreign commerce The law offers compensation to workers who are injured because due to the negligence of their employer It also outlines various additional specific responsibilities for employers including providing adequate training and supervision Many people who have been injured because of the negligence of their employers are able to receive the help they need due to FELA However it is important to keep in mind that not every accident that involves a railroad worker is eligible as an FELA claim The law requires workers to prove that the injury or loss was a direct result of their employers breach of duty To be able to do this they have to provide extensive evidence of the negligence of their employer and they must be able to demonstrate that their injury was the result of the negligence It is also important to note that FELA does not allow the defenses of assumption of risk or contributory negligence Additionally when an employee is found to be responsible for their own injury in any way any settlement or trial award will be reduced by the percentage of fault that they have to share Under FELA the law employers must maintain safe working conditions and educate employees on how to operate equipment safely They must also make sure that employees have access to medical care and that any injuries are reported as soon as they occur They must also give injured workers the time needed to recover FELA is a comprehensive act that permits railroad workers injured to receive more compensation than would be available under a typical workers compensation case If youve been injured while working its a good idea to consult an Shreveport rail injury attorney immediately They can assist you in understanding the distinctions between FELA and workers compensation and can provide the assistance you need to pursue maximum compensation Employers Duty of Care One of the most important responsibilities that an employer has is to provide a secure environment for employees to work This is referred to as an employers nondelegable obligation of care This duty is a notion of common law that supplements the legal obligations of an employer Employers are required to ensure a system of work that is reasonably safe and to employ competent personnel to ensure the safety of employees The duty of care extends beyond the confines of the workplace and extends to the actions of a companys employees in the community and overseas In a globalized environment disasters accidents and other unforeseeable events may directly impact a companys operations Therefore businesses must have disasterpreparation plans in place for every scenario These plans should be regularly updated It is the employers responsibility to ensure that their property is free of hazards and their employees arent to hazardous conditions Furthermore the duty of care also includes an obligation to protect employees from the negative effects of exposure to toxic substances The duty of care also includes the obligation to ensure that employees can access medical treatment and other services A duty of care also requires an employer to take measures to prevent injury in the first place This includes educating employees on how to handle dangerous materials and ensuring they are aware of their risks It isnt always easy to define the concept of duty of care even though it is an essential aspect of business Although the term is frequently used by lawyers in court but it is actually a complex legal concept There are two kinds of duties of care ethical duties and legal obligations Ethical duties come from the morality of an individual Legal duties are created or imposed by the law All businesses have an obligation of moral and legal to safeguard their employees customers and everyone else who is visiting their property Failure to do so can result in serious consequences such as lawsuits and fines Damages Railroad workers put their lives at risk every day to ensure trains are running on time FELA compensates workers for injuries despite all efforts It is essential for injured railroad workers to be aware of the process by which FELA claims are filed and what damages they can recover Although the law can seem complicated a skilled FELA attorney can provide valuable assistance in understanding the law and filing a claim The types of damages that may be claimed under FELA include medical expenses as well as lost wages the possibility of loss of earnings and funeral costs The law allows workers to seek compensation for these damages if they can prove that their injuries were caused by the negligence of their employer or an infraction of federal safety laws Contrary to workers compensation FELA law allows for the recovery of damages in the event of comparative negligence rather than the statutory benefit schedule Railroad workers injured in an accident can get reimbursement for the cost of their medical treatment in the past and in the future This includes all medical costs related to the injury including medication physical therapy and any necessary equipment needed to aid in a workers recovery fela settlements could be a substantial amount of money and is a crucial element of any FELA claims Workers compensation laws differ from state to state however FELA is a national law that guarantees a uniform distribution of cases across the country Regardless of where the claim is filed it will be considered in an appropriate court Anyone who has been injured by a railroad worker and believes they are entitled to a FELA claim should talk to an experienced lawyer as soon as they can The earlier a lawyer is in contact and consulted the greater chance that the claim will be successful The railroad will have an inhouse legal team that will fight to stop the worker from receiving a fair settlement and it is crucial that the injured worker has a seasoned and experienced advocate on their side A FELA lawyer with experience will ensure that the claim is filed in a timely manner within the statute of limitation