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Federal Employers Liability Act Railroad workers are not protected by the state workers compensation law but by a set of federal laws known as the Federal Employers Liability Act FELA allows railroad workers injured to sue their employers for damages In order to win a lawsuit filed under FELA you must show that your injury resulted from negligence or in violation of a federal safety law like the Power Brake Law or Safety Appliance Act fela law firm offers compensation to workers injured at work It is a faultbased law which allows for damages that go beyond whats available under standard workers compensation laws FELA claims are more complex because they involve unique rules and procedures FELA claims are filed in federal courts which means attorneys need to be knowledgeable of both state tort law and federal laws when representing their clients Unlike workers comp laws which provide benefits regardless of the fault of the worker FELA requires that the injured worker prove that their employer was negligent in causing the accident The FELA is designed to stop railroad companies from trying to shield themselves from liability for the injuries and deaths caused by their negligence The FELA compensates injured workers for injuries caused by railroad defects in addition to benefits provided under state workers compensation laws After an accident railroad workers who are injured should seek medical attention immediately This is not only important for their health but can also aid them in establishing an argument if they suffer another injury They must be able to report the injury to their employer as soon as possible Railroad workers who are injured have the right to make an FELA complaint without the fear of being retaliated against Its illegal for railway companies to discipline or fire employees who make an FELA claim and it is also illegal to discriminate against employees based on the basis of their participation in legal proceedings related to workplace accidents FELA cases can cover a wide range of injuries ranging from devastating train crashes to repetitive stress injuries They may also include workers who have not been seriously injured but suffer from cumulative trauma over the course of time Contrary to workers compensation FELA claims allow injured railroad workers to receive compensation for their pain and suffering in addition to their lost wages Fortunately FELA lawyers are able to help their clients receive compensation FELA Benefits Employers are all accountable for keeping their workers protected while they are performing their duties Businesses with high risk industries must adhere to higher safety standards They have to compensate employees who suffer injuries on the job more than lowerrisk companies In order to ensure that employees are able to receive adequate compensation in the event of an injury some federal agencies have passed laws that permit them to sue their employers for damages in the event of an accident One of these laws is the Federal Employers Liability FELA It took effect in 1908 as a response to the alarming increase in railroadrelated deaths that occurred in the late 19th and early 20th centuries FELA allows railroad workers to sue their employers in the event of injury and it grants workers the right to recover monetary payouts that go beyond the amount provided by traditional workers compensation claims Contrary to workers compensation which requires an employee to prove that they suffered a workplace injury FELA requires employees to prove that their injuries were directly related to their work This is particularly important since some injuries may not be obvious for instance the carpal tunnel syndrome In addition to permitting injured workers to claim damages FELA also provides protection against workplace retaliation FELA prohibits employers from taking retaliation against employees who file a complaint To protect their interests it is crucial that employees know their rights and seek the assistance of a FELA attorney When submitting a FELA claim the injured worker should first seek medical treatment The injured worker should contact an attorney to set up a consultation and discuss their case An attorney can help injured workers determine what compensation they are eligible for and how to obtain them FELA benefits include compensation for lost wages loss of earnings pain and suffering disfigurement disability and emotional distress The compensation provided under FELA is more than paying medical expenses and lost wages This is why it is important for injured workers to get the help they need by collaborating with a seasoned FELA attorney FELA Statute FELA is federal law that grants railroad workers the right to seek compensation from their employer when they suffer injuries at work Unlike workers compensation which offers benefits regardless of fault FELA claims are based on the theory of negligence and establishes a higher threshold for liability on the part of employers This complex and unique set of rules makes FELA claims more complicated than other kinds of injuries that require employment It requires the expertise of a lawyer who understands the law The degree to which an employee is covered or not by FELA is determined by the scope of his or her duties and whether those duties require himher to be in interstate trade In general anyone working for a railroad that transports passengers or freight across state lines is covered under the law This includes employees like brakemen and conductors Additionally a railroad that operates within the boundaries of one city but gives trackage rights other companies that are engaged in interstate commerce may still be covered by FELA A railroad company may be held responsible for workers injuries under FELA when the injury is a result of the employers violation of workplace safety laws such as the Locomotive Inspection Act Railroad Safety Appliance Act or the Boiler Inspection Act It is important to note that in order for a worker to prevail in a FELA claim they must prove more than that the railroads conduct violated one of these statutes They must also demonstrate that such a violation caused or contributed to their injury If an injured worker prevails in an FELA case they may get compensation for a variety of injuries and associated expenses These damages can include medical expenses as well as lost wages emotional distress and pain and suffering They can also claim damages due to a loss of future earning capacity and the aggravation of existing conditions As a highrisk industry the railroad industry is subject to more stringent safety standards than other industries Railroad workers who suffer injuries need the legal advice of an experienced FELA attorney who can assist them with obtaining the maximum amount of compensation for their losses Attorneys FELA Railroad switches and signals are essential safety devices that prevent disastrous often fatal collisions between trains and vehicles If youve suffered injuries due to a defective switch or signal or any other negligence or error that your employer has committed you could be eligible for compensation under the Federal Employers Liability Act FELA A FELA lawyer is knowledgeable about this specialized area of law and can help you fight for the financial support you deserve A FELA lawyer will carefully review your case to determine possible negligence that could have caused your injury They will also explain the legal procedure that must be followed including filing an action or negotiating a settlement Based on this information they will develop a legal strategy that is specifically tailored to your needs and will take into consideration the faults that have been identified If youre looking for an FELA lawyer choose one who has a history of success when representing clients with FELA claims Review testimonials from past clients peer endorsements and professional accolades to find out more about the lawyers experience You can also request a list with references from previous clients Lastly choose an attorney who is licensed to practice in your state They are better equipped to understand local laws and will be more willing to meet in person FELA actions differ from worker compensation claims because they are based on fault and filed in federal courts This makes it more difficult to prove your claim To prevail in a FELA case you must demonstrate that the negligence of your employer was directly responsible for your injuries To do this it is important to understand tort law principles The complexities of FELA can be overwhelming The right legal team will work hard to ensure you get the compensation you deserve A knowledgeable FELA lawyer can handle the intricacies of your case collect evidence negotiate with the railroad company and also represent your case in court if required Contact a FELA lawyer for a nocost consultation today The sooner you call the sooner it is that you will be able to get the funds you require to pay for medical expenses as well as lost wages and suffering and pain