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Federal Employers Liability Act FELA Railroads are an industry with a high risk that can result in serious injuries These injuries can range from train accidents to asbestosrelated illnesses like mesothelioma If youve been injured on the job and youre not sure what to do seek legal help from an Tennessee FELA attorney FELA is a law that allows workers who have suffered injuries from their employer to sue for negligence In contrast to the state laws on workers compensation FELA requires proof of employer negligence FELA is a federal law When a railroad worker suffers an injury on the job and suffers an injury they can claim compensation under FELA This law permits railroad employees who are injured to sue their employers for injuries that result from the companys negligence Injured workers can claim reimbursement for past and future medical expenses as also suffering and loss of wages These cases are similar in nature to the ones filed under the state laws governing workers compensation but with additional requirements These cases also require special rules and procedures which require the attention of an attorney with experience in FELA litigation Generally speaking anyone who works for a railroad is covered by the law This includes those who have an ongoing job in interstate commerce for example train engineers and conductors brakemen switchmen signalmen engineer trainees and machinists The law also covers employees who arent normally considered to be involved with interstate commerce This includes contractors and office workers To be eligible for a FELA lawsuit a person has to prove that the negligence of the employer caused their injury or illness Remember that the law doesnt necessarily mean that a railroad was negligent in all instances It must be proven that the employer acted in breach of his duty of care towards the employee for example in the absence of safety equipment or proper training or creating a hazardous workplace The law was enacted in 1908 It is based on tort laws that are common Although it is a federal statute it has had an impact on the development of state tort law In addition to FELA states many states have their own worker compensation laws that cover those working in highrisk industries and jobs FELA claims can be filed by railroad employees who have been injured at work regardless of the place where the accident took place Families of railroad workers who have died are also able to file claims for wrongful deaths It is a strictliability law The Federal Employers Liability Act FELA is a strict liability law that permits railroad workers to bring claims against their employers for injuries resulting by their negligence The FELA provides compensation to injured workers and their family members In fela railroad accident lawyer it provides benefits offered by workers law on compensation In order to be eligible for FELA workers must prove that the injury was the result of railroads negligence or its failure to provide safe working conditions The FELA also permits employees to sue for damages not covered by workers comp which includes pain and suffering If an employee is found guilty of contributing negligence the jury will reduce the amount awarded by an amount proportional to This is referred to as assumption of risk It is a tort law The Federal Employers Liability Act FELA is a tort law allows railroad workers injured to pursue damages against their employers It is a specialized field of law that has its own rules and procedures An attorney familiar with FELA suits is needed to help you In contrast to workers compensation laws which offer the right to compensation regardless of fault on the part of employers FELA is a faultbased statute that requires evidence that the negligence of an employer was a direct cause of the death or injury In 1908 Congress passed the FELA to address the risk of injuries from work for railroad workers While individual states had already established workers compensation laws these laws did not cover employees engaged in interstate commerce The FELA dealt with this exclusion by allowing the state law on tort liability and allowing injured railroad workers to sue their employers for additional damages that are not covered by workers compensation A worker is entitled to compensation under FELA when he suffers injury or killed by the negligence of a driver This includes negligence caused by a failure to maintain safe conditions for workers and their equipment for example unsafe equipment or tracks This includes failure to properly supervise and train workers It also entails violations of safety standards established by the Occupational Safety and Health Administration or other laws like the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also provides for reimbursement of medical expenses as well as other compensation This is in addition to normal workers compensation In the case of a workers death the FELA provides for the payment of compensation to the family members In some cases this could include the spouse and children of the deceased worker If you are a railroad employee who has suffered an injury at work it is important to consult an attorney with experience in FELA immediately The FELA allows you to file a lawsuit for up to three years after the date of your injury However it is important to hire an attorney to begin gathering evidence early This is because railroads begin to collect statements documents records and witnesses immediately after receiving notification of your injury It is a law based on the liability After more than a halfcentury of trying to prove they were more than just industrial wage earners in 1908 railroad workers finally received recognition through the passage of Federal Employers Liability Act The law which exempts railroad employees from the states workers compensation programs was designed to provide financial security for injured workers Contrary to workers compensation statutes which provide for an amount of compensation regardless of fault FELA is a liabilitybased law that requires evidence that railroad negligence was responsible for creating an injury It also abolishes the doctrine that allowed employees to claim they were liable for the risks that came with their work To be eligible to receive FELA benefits a worker must meet the following requirements in providing a safe working environment This could include training employees or examining the workplace for dangerous conditions and hazards Employers are also required to maintain equipment and ensure it is in good operating condition In the event of an workplace accident that leads to death surviving spouses and children will be awarded compensation If the accident wasnt the result of negligence then the jury will determine the amount of damages to be awarded at the end of the trial