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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 railroad workers who are injured In contrast to workers compensation statutes FELA requires employers to prove that their negligence contributed to the injury or illness of the employee FELA also covers cumulative trauma injuries that are not always caused by a specific incident fela lawyers is why these claims require the attention of an experienced attorney like David Paoli Employers Liability Railroad workers are subject to particular dangers due to the speed of trains as well as electrical and chemical dangers The Federal Employers Liability Act is designed to provide railroad workers with fair compensation for injuries they sustain on the job David Paolis law practice is focused on representing railroad employees who have suffered injuries for example those who have cumulative trauma claims or specific incidents of injury that are filed under FELA Unlike workers comp statutes which provide compensation for injuries sustained on the job regardless of the cause FELA requires proof that railroad negligence was at a minimum partially responsible for the death or injury that is sought Finding evidence that a claimants illness or injuries are caused by negligence on the part of an employer isnt easy The FELA requires a juror to find an inherent relation between the injury sustained and the defendants actions This is a higher standard than that found in common law negligence rules As such a qualified FELA lawyer will have extensive experience in analyzing evidence and determining whether there is an inherent relationship exists Additionally to this the FELA also includes provisions to address issues of assumption of risk However courts have consistently ruled that a FELA case cannot be ruled with the assumption doctrine of risk While the FELA could exclude defenses against assumption of risk however other common law negligence defenses may still be raised by railroad employers Employers can also be sued for negligence in hiring or training employees failing to keep equipment safe and free from dangers and for failing to warn employees of potential dangers The FELA also allows dualcapacity lawsuits in which an employer can be sued as both an employer and a manufacturer of a defective product that caused an employee to become injured or die Railroads for instance employed asbestoscontaining products for many years This meant that many employees were exposed to dangerous asbestos and developed debilitating illnesses The FELA allows punitive damages to to nonemployees who have suffered an unjustlydeceased death or a debilitating injury as a result of a workrelated accident Responsibilities of Employers Railroad work is a renownedly hazardous occupation and this fact prompted Congress to pass the Federal Employers Liability Act in 1908 The law sets out the obligations of employers who operate on a railway that is involved in commerce with foreign or interstate The law provides compensation to workers who are injured because of the negligence of their employers The law also defines a number other specific responsibilities of employers like providing adequate supervision and training Many people who were injured due to the negligence of their employers are able to receive the assistance they need because of FELA It is important to keep in mind that not all railroadrelated accidents are eligible as FELA claims The law requires that workers demonstrate that the injury or loss was a direct result of the negligence of their employer To do this they must present sufficient evidence of the negligence of their employer and they must prove that their injury was caused by the negligence of the employer It is important to note that FELA does not allow the defenses of assumption of risk or contributory negligence If an employee is found to have contributed in any way to their own injury the amount of any settlement or award will be reduced in proportion to the percentage of fault they share To comply with FELA employers must ensure that their employees are taught how to safely operate equipment and ensure safe working conditions They must also ensure that employees have access to appropriate medical care and must ensure that any injuries are reported immediately They must also give injured workers enough time to heal FELA is an extensive law that permits railroad workers who are injured to receive much greater compensation than they are entitled to under the standard workers compensation case If youve been injured at work its a great idea to speak to an Shreveport rail injury lawyer as soon possible They can help you understand the distinctions between FELA and workers compensation and can provide the assistance you need to pursue maximum compensation Employers Duty of Care It is a crucial duty of a company to provide a secure workplace for their employees This is known as the employers non delegable duty of caring This duty is a common law notion that supplements an employers statutory obligations It requires employers to provide an environment that is reasonably safe and provide qualified personnel to ensure the safety of workers The responsibility of care extends beyond the workplace and includes the actions of a business in the community and overseas In a globalized society disasters accidents and other unpredictable events can have a direct effect on the business Businesses must have plans for disaster preparedness in place to be prepared for all eventualities These plans must be regularly updated It is also the employers obligation to ensure that their premises are safe from dangers and that its employees arent exposed to hazardous conditions The duty of care also includes the obligation to protect employees from the adverse consequences of toxic substances The duty of care includes the obligation to ensure that employees can access medical treatment and other services A duty of care requires an employer to take steps to prevent injuries in the first instance This includes educating employees on how to handle hazardous materials and making sure they are aware of the dangers they face Although a duty of care is a crucial aspect of business however it can be a challenge to define While the term is commonly used by lawyers in court but its actually a complicated legal concept There are two kinds of obligations of care ethical obligations and legal obligations Ethical duties come from the morality of a person Legal obligations are imposed or created by law Whatever the reason for the obligation all businesses have an obligation of moral and legal to protect their employees customers and everyone else who enters their premises In the absence of this it could result in serious consequences including lawsuits and fines Damages Every day railroad workers risk their lives to ensure that trains run on time FELA offers compensation for workrelated injuries despite every effort Understanding how FELA claims are filed and the kinds of damages that may be recouped is essential for any injured railroad worker An experienced FELA lawyer can assist you to know the law and file claims The kinds of damages that may be recovered under FELA include pain and suffering medical expenses and lost wages future loss of earnings and funeral costs The law permits workers to claim these damages if they can prove that their injuries were the result of the negligence of their employer or an infraction of federal safety laws Unlike workers compensation the FELA law allows for recovery of damages in the event of comparative negligence instead of the statutory benefit schedule Injured railroad workers can also recover the costs of their medical treatment as well as future treatment This includes all medical expenses associated with the injury including physical therapy medication and any equipment needed for a workers recovery This could be a significant amount of money and is an essential element of any FELA claims Workers compensation laws differ in each state however the FELA is a federal law that ensures uniform distribution of cases across the country Regardless of where the claim is filed it will be heard in a court of competent jurisdiction Any railroad worker injured and who believes that they have a right to an FELA claim should talk to an experienced lawyer as soon as they can The earlier a lawyer can be consulted and the earlier it is the greater chance that the claim will be successful A railroads inhouse team will fight to stop the worker from receiving an equitable settlement It is important that the injured worker has an experienced and knowledgeable advocate on their side A FELA attorney with years of experience will make sure that the claim has been filed correctly within the time limit of the statute of limitations