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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is a law that is unique in its protection of injured railroad workers Unlike workers compensation statutes FELA is a faultbased statute that requires employers to prove that their negligence played a part in the injury or illness FELA covers cumulative trauma injuries that arent always the result of a specific incident This is why these claims need the attention of a skilled attorney like David Paoli Employers are liable Railroad workers face particular dangers due to the high speed of trains and electrical and chemical dangers This is why the Federal Employers Liability Act FELA is designed to offer railroad employees the right to fair compensation for injuries suffered during their work David Paolis law practice is focused on representing railroad employees who have been injured including those with cumulative trauma claims or specific injuries that occurred under FELA In contrast to workers compensation statutes which provide compensation for injuries sustained on the job regardless of the fault of the employee FELA requires proof that railroad negligence was at a minimum partially responsible for the death or injury that is sought It can be difficult to prove that an employees workplacerelated illness or injury is due to the employers negligence The FELA requires that a jury find an inherent relationship between the victims injuries and the defendants behavior This is a more expansive 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 to this the FELA also includes provisions that address issues related to assumption of risk However courts have consistently ruled that an FELA action cannot be handled under the assumption of risk doctrine Employers of railroads can still use other common law negligence defences even although the FELA does not permit the assumption of risk defense Employers can also be sued for negligence in hiring or educating employees failing to keep equipment safe and free from dangers and failing to warn of dangers The FELA also permits dualcapacity suits where an employer can be sued as both an employer and a producer of defective products that have caused an employee to be injured or die For instance asbestoscontaining products were used by railroads for many years Many employees suffered from debilitating illnesses after being exposed to asbestos The FELA allows punitive damages to to nonemployees who suffered an unjustly incurred death or injury due to a workrelated accident Employers Responsibilities The Federal Employers Liability Act was passed in 1908 by Congress as a result of the risks associated with railroad work This law sets out the obligations of employers working for a railroad that is involved in interstate or international commerce The law offers compensation to workers who are injured because of their employers negligence The law also specifies a number other specific responsibilities of employers including providing adequate supervision and training As a result of FELA and other laws governing workers compensation many who have been injured by the negligence of their employer are able to get the help they need However fela accident attorney is important to keep in mind that not every accident that involves a railroad employee qualifies as an FELA claim Workers must prove that their injury or loss was the result of an employers lapse To prove this they will need to provide extensive evidence that the employer was negligent and will be required to prove that their injuries occurred as result of the negligence It is important to know that FELA does NOT allow the defenses in the context of assumption of risk or contributing negligence Additionally should an employee be found to have contributed to their own injury in some way any settlement or trial award will be reduced by the percentage of blame that they have to share To comply with FELA employers must ensure that their employees are properly trained to safely operate equipment and maintain safe working conditions They also have to ensure that employees receive the proper medical treatment and ensure that all injuries are reported promptly They must also allow injured workers sufficient time to recover FELA is a comprehensive law which allows railroad workers who have been injured to receive a higher amount of compensation than would be available under a standard workers compensation case If youve been injured while working it is a good idea for you to speak with an Shreveport rail injury lawyer as soon as you can They can help you to understand the differences between FELA workers compensation and other forms of compensation Employers Duty of Care It is an important duty of employers to provide a secure workplace for their employees This is referred to as the employers nondelegable duty of care This is a common law notion that adds to an employers legal obligations Employers are required to ensure an environment that is reasonably safe and to provide competent personnel to ensure the safety of employees The responsibility of care extends outside the workplace which includes the actions of a business in the community and overseas In a globalized world catastrophes accidents and other unexpected events can have a direct effect on a businesss operations Businesses must have plans for disaster preparedness in place to cover all scenarios These plans need to be regularly updated It is also an employers obligation to ensure that their premises are safe from dangers and that employees arent exposed to hazardous conditions Moreover the duty of care entails an obligation to protect employees from the effects of exposure to harmful substances The duty of care includes the obligation to ensure that employees are able to access medical treatment and other services A duty of care also requires that employers take measures to prevent injury in the first instance This includes teaching employees how to handle hazardous substances and making sure they are aware of the risks they face It can be difficult to define the duty of due care despite the fact that it is a crucial aspect of doing business While the term is often used by lawyers in court however its actually a nebulous legal concept There are two kinds of duties of care legal obligations and ethical duties Moral obligations stem from the morality of an individual Legal duties are created or imposed by law All businesses have an obligation of moral and legal to safeguard their employees customers and anyone else visiting their premises Failure to do so could result in serious consequences including lawsuits and fines Damages Every day railroad workers put their lives at risk to ensure that trains run on time FELA offers compensation for workrelated injuries despite every effort It is essential that railroad workers who are injured understand how FELA claims are filed and what damages they are entitled to Although the law might seem complicated a skilled FELA attorney can provide invaluable advice on understanding the laws and filing a claim Under the FELA damages are able to include discomfort and pain medical expenses as well as lost earnings future loss of earning funeral expenses and pain and discomfort The law permits the compensation for these damages if the worker can prove that they suffered injury due to the negligence of an employer or violation of federal safety statutes Unlike workers compensation FELA law permits the recovery of damages based on comparative negligence rather than the benefit schedule prescribed by law Injured railroad workers can also get reimbursement for the cost of their medical treatments in the past and in the future This includes all medical expenses relating to the injury This includes medication physical therapy and any equipment required for the worker to recover This could be a significant sum of money and is a crucial element of any FELA claim Workers compensation laws differ in each state however the FELA is a federal statute which ensures uniformity in the distribution of cases across the nation Whatever the location where the claim is filed the case will be considered in an appropriate court A railroad worker who is injured and believes they have a right to an FELA lawsuit should consult an experienced lawyer as quickly as possible The sooner a lawyer can be in contact the greater chance that the claim will be successful The inhouse team at a railroad will fight to prevent the worker from receiving an equitable settlement It is essential that the injured person has an experienced and knowledgeable advocate on their side A knowledgeable FELA attorney can help ensure that the claim is properly filed and within the statute of limitations