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Federal Employers Liability Act FELA Railroads are a highrisk industry which can cause serious injuries These injuries can vary from train accidents to asbestosrelated diseases such as mesothelioma If youve been injured while working you should seek legal advice from an Tennessee FELA attorney FELA is an important law that permits workers to sue their employers for negligence In contrast to the states laws on workers compensation FELA claims require proof of the employers fault FELA is a federal statute FELA allows railroad workers to seek compensation for injuries they suffer during their work This law permits railroad employees who have been injured to sue their employers for injuries that result from the companys negligence Injured workers are entitled to reimbursement for past and future medical expenses as in addition to suffering and loss of wages These cases are similar to cases filed in state courts under workers compensation laws but have additional requirements These cases also have special rules and procedures which require the attention of a lawyer who has experience in FELA litigation Anyone who works for a railroad is generally covered by law This includes those who hold an employment requirement in interstate commerce such as train conductors and engineers brakemen signalmen as well as signalmen trainees However fela claims railroad employees applies to other employees that arent normally thought of as being involved in interstate commerce like office workers and contractors In order to be eligible to file a FELA claim the employee must be able to prove that their illness or injury was the result of their employers negligence Be aware that the law doesnt necessarily mean that a railroad was negligent in all cases It must be proven that the employer violated his duty of care towards the employee for instance in the absence of adequate safety equipment or training or by permitting a dangerous work environment The law is built on common tort principles and was originally enacted in 1908 It is a federal law however it has had an impact on state tort laws A number of states also have their own workers compensation laws which protect those working in highrisk industries and jobs FELA claims can be filed by railroad workers who have been injured on the job regardless of the location where the accident occurred Families of railroad workers who have died can also pursue an action for wrongful death It is a strict liability law The Federal Employers Liability Act FELA is a strict liability law that allows railroad workers to file claims against their employers for injuries resulting through their negligence The FELA provides compensation to injured workers and their families This is in addition the benefits offered by workers insurance laws To be eligible to receive FELA benefits the worker must prove that their injury was caused by railroad negligence or the failure to provide safe conditions of work The FELA also allows employees to sue for damages that are not covered by workers compensation which includes suffering and pain However if an employee is found to be guilty of contributing to the negligence the jury will reduce the amount they award by a sum which is proportional to their fault This is known as assumption of risk It is a tort laws The Federal Employers Liability Act FELA a tort law allows railroad workers who are injured to pursue damages against their employers This is a specific area of law that has unique rules and procedures that require the expertise of an attorney who is experienced in FELA cases In contrast to the laws governing workers compensation which compensate regardless of the fault of the employer FELA requires proof that the negligence of the employer led to the death or injury In 1908 Congress passed FELA in response to the high danger of railroad workers getting injured while at work Workers compensation laws were already in place in a few states however they did not cover employees working for interstate commerce The FELA addressed the exclusion of workers engaged in interstate commerce by liberalizing the state tort liability laws and permitting injured railroaders to sue their employer for additional damages that are not covered by workers compensation A worker is entitled to compensation under FELA if he is injured or killed by the negligence of a carrier This includes negligence due to failure to maintain safe working conditions for example defective tracks or equipment This includes failure to properly train and supervise workers Also it is a violation of safety standards set forth by the Occupational Safety Health Administration or other laws like the Locomotive Inspection Act or Railroad Safety Appliance Act The FELA also provides the reimbursement of medical expenses as well as other compensation This is in addition to the regular benefits for workers compensation In the event of a workers death the FELA allows for the payment of compensation to the family members In some cases the FELA could cover the spouse and children If you are a railroad employee who was injured at work it is important to contact an attorney familiar with FELA immediately While the FELA allows up to 3 years from the date of your injury to file an action its important to hire an attorney who is able to begin gathering evidence as soon as possible The railroad will begin to collect statements documents records and witnesses as soon it is notified of your injury It is a law based on liability After a halfcentury of arguing 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 excludes railroad workers from state workers compensation and is designed to provide financial security for injured workers Unlike workers comp statutes which provide for an amount of compensation regardless of fault FELA is a liabilitybased law that requires evidence that the railroad was negligent in causing an injury Additionally it eliminates the doctrine of assumption of risk which had previously allowed workers to claim they had taken on the risks of their job To be eligible to receive FELA benefits a worker must meet the following requirements Provide a safe working environment This may involve training workers or inspecting their workplace to look for dangers and unsafe conditions Employers are also required to maintain equipment and keep it in good condition In the event of an workplace accident that results in death surviving spouses and children will be compensated If the accident was not due to negligence A jury will determine the amount of damages to be awarded at the conclusion of the trial