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Federal Employers Liability Act FELA The railroad industry is a highrisk work environment that can cause serious injuries These injuries can vary from train accidents to asbestosrelated illnesses like mesothelioma If youve been injured at work you should seek out a Tennessee FELA lawyer FELA is a crucial 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 statute If a railroad worker is injured an injury while working and suffers an injury they can claim compensation under FELA This law permits railroad workers who have been injured to claim compensation from their employers for injuries that result from the companys negligence Injured workers can claim compensation for past and future medical expenses as in addition to pain and suffering and lost wages These cases are similar to those that are filed under the state laws governing workers compensation but with additional requirements These cases also require specific rules and procedures which require the attention of an attorney with experience in FELA litigation Anyone who works for a railroad is generally protected by law This includes those who have an ongoing job in interstate commerce for example train engineers and conductors brakemen switchmen engineer trainees signalmen and machinists The law also covers employees who arent typically considered to be involved with interstate commerce This includes office workers and contractors In order to qualify to file a FELA claim the worker must demonstrate that their injury or illness was caused by their employers negligence Remember that the law doesnt necessarily mean that railroads were negligent in all instances It must be proven that the employer breached their obligation of care towards the employee in some way for example by failing to provide adequate safety training or equipment or by allowing an unsafe working environment The law was first passed in the year 1908 It is based on tort laws which are common Although it is a federal statute it has had an impact on the development of state tort laws Many states also have their own workers compensation laws which cover those working in highrisk industries and jobs FELA claims can be filed by railroad workers who are injured on the job regardless of the place where the accident took place Families of deceased railroad workers are eligible to pursue an 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 by their negligence The FELA provides compensation for injured workers and their family members In addition it provides benefits provided by workers law on compensation In order to be eligible for FELA workers 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 sue for damages not covered by workers compensation including suffering and pain If however an employee is found to be guilty of contributory negligence the jury will reduce their award by an amount that 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 employees 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 required to assist you In contrast to workers compensation laws which provide compensation regardless of fault by employers FELA is a faultbased statute that requires the proof that negligence by an employer was the direct cause of the death or injury In 1908 Congress passed FELA in response to the chance of railroad workers being injured at work While states had already started establishing workers insurance laws these laws did not cover workers involved in interstate commerce The FELA addressed the exclusion of employees engaged in interstate commerce by allowing state tort liability laws and permitting injured railroad workers to sue their employer for additional damages that arent covered by workers compensation A worker may seek compensation under FELA if he is injured or killed as a result of the negligence of a driver This includes negligence resulting from inability to maintain safe working conditions such as inadequate tracks or equipment This includes failing to properly supervise and train workers It also involves a violation of safety standards established by the Occupational Safety and Health Administration or other laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also provides for the recovery of medical expenses and other compensation This is in addition the regular workers compensation The FELA allows for compensation to be paid to family members of the deceased worker In certain cases this could include the spouse and children of the deceased worker If youve been injured while working as a railroad worker it is recommended that you consult an attorney who is knowledgeable about FELA as soon as you can Although the FELA allows up to 3 years from the date of your injury to bring an action it is crucial to find an attorney who is able to begin collecting evidence as soon as possible The railroad will begin collecting statements and records documents and witnesses as soon as it is notified of your injury It is a law that is based on liability After a halfcentury of argument that they were more than mere industrial wage earners railroad workers finally won recognition in 1908 through the passage of the Federal Employers Liability Act FELA fela lawsuit settlements exempts railroad workers from state workers compensation and aims to provide financial security to injured workers Contrary to workers compensation laws which provide an amount of compensation regardless of the cause of an injury FELA is a law based on liability that requires proof of negligence by railroad In addition it eliminates the concept of assumption of risk which previously allowed employees to claim they had taken on the risks associated with their work To be eligible for FELA benefits workers must meet the following requirements providing a safe work environment This could mean training workers or inspecting the workplace for dangers and unsafe conditions Employers are also required to maintain equipment and keep it in good condition If an accident at work results in death the surviving spouse and children are paid compensation If the accident wasnt the result of negligence the jury will decide the amount of damages to be awarded at the end of the trial