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Federal Employers Liability Act The risk of injury and death on railroads led Congress to approve the Federal Employers Liability Act FELA in 1908 FELA significantly changed the law of the law of common practice by allowing injured employees to seek compensation without having to prove their employers negligence They can also file a claim with no worry of losing their job or being targeted by their employer Compensations under FELA can be used to pay for the cost of future and past medical treatment lost wages emotional distress as well as pain and suffering Employers are accountable for providing a safe working workplace Employers are obligated to provide a safe work environment If they fail to take this responsibility they may be held accountable for any injuries that happen They are also required to instruct their employees and examine the workplace to ensure there arent any hazards or unsafe conditions They also have a responsibility to provide their employees with the proper tools and safety gear If a railroad worker gets injured he or she can file a claim for compensation against the employer under the Federal Employers Liability Act Congress approved FELA in 1908 to address the high accident rates in the rail industry and to establish uniform rules regarding railroad equipment and practices It is the exclusive remedy for the majority of claims against a railroad employer and can be brought in federal or state court It includes any injury or loss that results from working for a railroad and includes both traumatic injuries as well as toxic exposures The term reasonably secure is defined as a state that is not likely to cause serious injury to workers What is considered to be a reasonable safety depends on the circumstances of a case To be held accountable the employer must have been aware or should know that the workplace was unsafe and failed to correct the situation Rail workers who are injured could receive a variety damages including medical expenses and lost wages The law also allows punitive damages for the companys negligence The law applies to all railway companies that are engaged in interstate commerce as well as all of their employees including conductors engineers brakemen firemen machinists yardmasters bridge building workers pipefitterssheet metal workers and signal maintenance In addition to traumatic injuries the law also covers compensation for occupational illnesses such as mesothelioma and cancer It also covers preexisting conditions that are aggravated by asthma and hearing loss In order to qualify for a FELA lawsuit the plaintiff must prove that their loss or injury resulted from an act of their employer and that they are not entirely responsible for the injury In addition the employee must prove that the injury occurred during the course of employment and that they are not an independent contractor Employers are responsible for training employees FELA also known as the Federal Employers Liability Act was passed in 1908 It allowed railroad workers who were injured at work to sue their employer In contrast to state laws governing workers compensation FELA allows victims to get compensation for suffering and pain Furthermore it is possible that a FELA claimant can receive damages that are many times greater than those awarded in a state workers compensation claim In addition the law obliges railroads to provide their employees with safe work conditions and proper training The law also requires that the work area be inspected for any dangers to safety This is a duty that must be taken seriously and failure to adhere to this requirement could result in a penalty The law also sets forth an obligation to educate new workers and ensure that all employees are equipped with the knowledge of the companys safety protocol The FELA was passed to pay compensation to railroad workers who have been injured and their families It also provides a legal basis for lawsuits brought against railroad companies and their servants agents and employees Additionally FELA exempts railroad workers from state laws on workers compensation which typically prohibit railroad employees who are injured from suing their employer In order to win a FELA lawsuit the plaintiff has to demonstrate common law negligence or that the railroad was grossly negligently In addition to the obligations mentioned above FELA also requires railroads to establish safety standards and rules This includes a mandatory safety board that must be constituted by the railway carrier a comprehensive employee training program and regular safety inspections of equipment The FELA also restricts the use of certain defenses including the assumption of risk or contributory negligence Despite these obligations the vast majority of railroad accidents are caused by workers error Many of the injuries that railroad workers sustain are avoidable Therefore it is critical to seek out the advice of an experienced attorney if you have been injured while working on a railroad This LibGuide was designed as a study aid for Villanova Law School Students and is not legal advice Employers are required to check the workplace Railroad employers in Virginia and across the United States have additional obligations under the Federal Employers Liability Act They must regularly inspect their work areas for hazardous conditions and either repair them or warn workers about the dangers They should also equip their employees with the necessary tools and equipment needed to complete their tasks safely FELA is a law that provides compensation to railroad workers injured on the job It was passed in 1908 and allows injured workers to sue their employers for damages including medical expenses lost wages and suffering and pain In contrast to workers compensation laws however the FELA requires injured railers to prove that their injury was caused due to the negligence of their employer Railroad workers are exposed to dangerous substances like silica dust and welding fumes These chemicals are known to cause a variety of serious health issues that include mesothelioma and lung cancer and chronic respiratory diseases Railroad companies KNEW these substances were dangerous and could cause health problems However they did not protect their workers If youve been injured as a railroad worker its important to consult with an attorney who is experienced in handling FELA cases In addition to the specific requirements of FELA there are also specific rules and procedures that must be followed to receive the most money for your injuries Contact an FELA attorney as soon as you can to safeguard your rights Employers have a responsibility to provide medical assistance A workers injury at work can be devastating both physically and emotionally In some cases injuries they can be lifethreatening or fatal In these cases employees may sue their employers to recover costs for medical treatment and lost wages There are exceptions to the rule Employers in highrisk sectors such as railroads are subject to stricter safety regulations They are also subject to the rules under the Federal Employers Liability Act FELA In contrast to workers compensation claims FELA claims can be dependent on the fault of FELA was enacted by Congress back in 1908 It deals with the liability rail carriers are liable to their employees in the event of industrial accidents The law eliminated a number of common law defenses for an employer such as employee assumption of risk or contributory negligence It also allowed monetary awards to be determined by juries by relying on comparative negligence which differs from the predetermined benefit schedule under workers compensation fela claims working for a railroad company that operates trains or handles interstate freight is covered This includes office workers contractors and temporary employees FELA covers spouses of employees who are killed on the job It also covers any worker who is injured at work This includes injuries that are traumatic such as broken bones pulled muscle joints joint sprains and abrasions Injuries resulting from repetitive motions and occupational illnesses like asbestosis are also covered A FELA attorney with years of experience can help you to file an claim They can collect the evidence needed to prove your case with extensive medical evidence and expert testimony They can also help you negotiate with the insurance company in order to obtain a fair settlement FELA claims for death or injury caused by an accident are subject to a 3year statute of limitations This clock begins on the date of the accident or when the illness was discovered For occupational diseases such mesothelioma or cancer the statute can start from the date of diagnosis While FELA does not require injured railroad worker to make an incident or accident report it is important to do so This will help them get the best medical treatment possible and provide a clearer picture of their injury It is important to take photos of any visible wounds prior to when they heal These precautions will help prove the case for an FELA claim