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Federal Employers Liability Act The federal employees liability law FELA allows railroad workers who have been injured to sue their employers In contrast to workmens compensation laws which award payouts without regard to the fault of the railroad FELA demands that plaintiffs show that negligence by the railroad was responsible for their injuries Both current and former railroad workers can claim FELA claims as well as family members of deceased railroad workers who die from an accident on the job or occupational disease like mesothelioma A skilled FELA attorney will have extensive experience handling these cases Statute of Limitations In 1908 the Federal Employers Liability FELA Act was created to provide compensation and protection for railroad workers The law defines the essential duties and responsibilities of railroads and outlines how negligence can cause injury and damages to employees The law also imposes a time limit within which an employee has to make a claim for compensation In FELA cases and not like workers compensation claims the injured worker must show that their employer was the one responsible in causing their injury This is referred to as the causation requirement The United States Supreme Court has interpreted this as meaning that the railroaders fault must play any part even the slightest in producing the injury for which damages are sought It is easier for an employee to prove negligence when they can prove that their employer was negligent for not providing safety equipment training or other protective measures or if the business violated workplace laws like the Locomotive Inspection Act or Railroad Safety Appliance Act Additionally the law prevents employers from relying on defenses such as the assumption of risk or negligence by their employees This creates a safer environment for railroad workers injured This is why it is important to construct a strong case for injury prior to making a claim This includes interviewing witnesses coworkers and ensuring an expert medical professional has assessed any injuries or illnesses fela lawyers involves taking photos of the area or scene taking photographs and taking photographs or inspections of any equipment or tools which may have caused an accident Another reason that it is essential to consult a qualified FELA attorney immediately after an injury is that there is a time limit within which the lawsuit must be filed In FELA claims the deadline is three years from the date that a person should have known or suspected the injury or illness to be workrelated The failure to submit a lawsuit in a timely manner can have devastating personal and financial consequences for railroad workers who have been injured This is especially relevant in the event of an injury that causes permanent impairments It can also have a negative impact on any future plans for retraining or a career Occupational Diseases The occupational disease can manifest in a wide range of industries and occupations These diseases could be caused by the nature of your job or a combination of factors Medical research and epidemiological studies have made it easier to establish the connection between certain illnesses and certain industries or occupations For example asbestos and mesothelioma have been typically associated with certain jobs and industries FELA laws permit railroad workers to hold their employers accountable for illnesses and injuries that result from the nature of their work It is similar to workers compensation however it provides more benefits and requires evidence that the injury illness or a violation of law or regulation resulted in it A partnership with a professional FELA attorney can ensure that you receive the most amount of compensation you can get FELA provides more protections than workers compensation but it has its own rules and requirements FELA allows for comparative fault meaning that you can still get compensation when youre partially responsible for the accident or illness The FELA statute of limitations is three years for workrelated injuries or death claims If you have a mesothelioma or any other illness claim the clock begins at the time you received a diagnosis or the day your symptoms became incapacitating It is crucial to work with an FELA lawyer with experience in FELA cases A FELA claim requires extensive documentation as well as evidence from experts in health and safety They can assist you with gathering the necessary evidence and create a convincing case to get the compensation you deserve They can also help determine whether you were more or less than 50 at fault for the accident or exposure to toxic materials This can affect your settlement or award at trial For instance if you are found to be more than 50 at fault for an injury or incident and your settlement or trial award could be reduced by the same percentage More than a century of FELA litigation has pushed railroad companies to regularly adopt and deploy safer equipment and working practices Despite these improvements trains tracks and rail yards are still among the most hazardous workplaces in the United States Repetitive Trauma Injuries Workplace injuries are often caused by workers perform the same physical task over and over These actions could include sewing typing assembly line work playing music driving and many more These repetitive activities can lead to injuries that are slow to heal that the worker might not be aware that they have been injured until it is too far gone to take legal action While many people think of workplace injuries as a single event such as being injured in a slip and fall or becoming sick due to toxic chemicals the truth is that thousands of small repetitive movements over the course of time can cause significant injury and disability These kinds of injuries are known as cumulative trauma injuries or repetitive stress injuries and can be as severe as a sudden traumatic injury The Federal Employers Liability Act FELA 45 USC 51 permits workers in highrisk industries like those covered by workers compensation and can sue their employers for damages that are not covered by workers compensation FELA cases are different than regular workers compensation claims and require evidence specific to the negligence of the employer Moreover the process of filing an FELA claim has strict guidelines that must be followed by experienced lawyers in these areas Nearly all railroad employees who are involved in interstate commerce which includes clerical staff temporary employees and contractors may be eligible to make an FELA complaint Engineers conductors and brakemen are the most obvious FELA covered workers However the law also covers office staff as well as signalmen trainmen and other employees as well as anyone who is exposed railroad equipment or goods or services Contact a FELA lawyer immediately after an accident The railroad begins collecting statements reenacting the incident and collecting documents and records once it has learned about the incident and an attorney familiar with these tactics will know how to quickly find and save relevant information This is especially important because evidence is susceptible to disappearing with time The early hiring of an attorney will also ensure that the evidence is ready to be used in trial Unintentional Exposure to Harmful Substances All businesses are responsible to ensure the safety of their employees and customers Certain jobs and industries are more risky than others In these highrisk industries and jobs employers must adhere to more stringent safety standards This is why some states have laws that safeguard workers in their specific sector for instance the Federal Employers Liability Act FELA code 45 USC 51 For more than 100 years FELA litigation led to improvements in the equipment and safer working practices for trains rail yards and machine shops Despite these improvements trains are still dangerous places to work Many FELA cases are caused by toxic exposure to chemicals like asbestos diesel exhaust silica dust welding fumes herbicides and chemical solvents including Roundup These exposures have been linked to serious health conditions such as mesothelioma pulmonary fibrisis and lung cancer If major railroads KNEW about the dangers of these exposures but did not warn or protect its workers it is considered negligence that could result in substantial FELA damages Unlike workers compensation claims FELA cases are faultbased and filed in federal court Researchers should be familiar with common law tort principles and state tort laws that might be applicable to other tort claims joined in a FELA action