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Federal Employers Liability Act FELA Railroads are a highlyrisk industry which can cause serious injuries These injuries can include everything from train accidents to asbestos related illnesses like mesothelioma If youve suffered injuries while working you should seek legal advice from an Tennessee FELA attorney FELA is an important law that allows workers to sue their employers for negligence Unlike the laws governing workers compensation in the state FELA requires proof of the negligence of the employer FELA is a federal law FELA allows railroad employees to seek compensation for injuries they sustain during their work This law allows injured railroad workers to file lawsuits against their employers for injuries resulting due to the negligence of the company Workers who are injured can be awarded damages for their past and future medical expenses pain and suffering and lost wages These cases are similar to cases filed in state courts based on workers compensation laws but have 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 railways is covered by the law This includes those who have an ongoing job in interstate commerce such as train conductors and engineers brakemen signalmen and signalmen trainees However the law applies to other employees who are not normally considered to be involved in interstate commerce such as contractors and office workers In order to qualify to file a FELA claim a worker must prove that their illness or injury was caused by the employers negligence Be aware that the law doesnt necessarily mean that railroads were negligent in all instances It must be proven that the employer breached his duty of care to the employee for instance by failing to provide adequate safety equipment or training or by creating a hazardous work environment The law was first enacted in 1908 It is based on tort principles which are common It is a federal law however it has had an impact on state tort laws In addition to FELA many states have their own worker compensation laws that cover workers in highrisk sectors and jobs No matter the state in which an incident occurred a FELA claim can be filed by any railroad worker who suffered an injury while working The families of deceased railroad workers are eligible to pursue a wrongful death claim as well It is a strictliability law The Federal Employers Liability Act FELA is a strict liability law that permits railroad workers to file claims against their employers for injuries resulting by their negligence The FELA compensates injured workers and their families This is in addition to the benefits provided by state workers comp laws To be eligible for FELA benefits a worker has to prove that their injury was the result of railroad negligence or an inability to provide safe conditions for work The FELA allows employees to sue to recover damages not covered by workers compensation for example pain and suffering If an employee is found to be guilty of contributing to the negligence the jury will reduce the award by an amount proportional to the amount This is referred to as assumption of risk It is a tort law The Federal Employers Liability Act FELA is a tort law that allows injured railroad employees to sue their employers for damages It is a specialization area of law with unique rules and procedures An attorney familiar with FELA suits is needed to assist you Unlike workers compensation laws which offer compensation regardless of fault by an employer FELA is a faultbased statute that requires the proof that negligence by an employer was a direct cause of the death or injury In 1908 Congress passed the FELA to address the risk of workrelated injuries for railroad employees Workers compensation laws were already in place in a few states however they didnt cover workers who worked for interstate commerce The FELA addressed the exclusion of workers engaged in interstate commerce by allowing the state tort liability laws and permitting injured railroaders to sue their employers for additional damages that arent available through workers compensation A worker is entitled to compensation under FELA if he is injured or killed due to the negligence of a transporter This includes negligence that results from an inability to ensure safe working conditions for employees or equipment such as unsafe equipment or tracks This includes failing to properly supervise and train workers It also includes violations of safety standards set forth by the Occupational Safety and Health Administration or laws such as Locomotive Inspection Act or Railroad Safety Appliance Act The FELA also provides the possibility of recovering medical expenses and other compensation This is in addition to the regular benefits for workers compensation In the event of a workers death the FELA provides 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 has suffered an injury at work it is important to seek out an attorney who is familiar with FELA immediately While FELA allows up to 3 years from the date of your injury to file an action its crucial to find an attorney who can begin gathering evidence as soon as possible This is because the railroad begins to gather statements documents records and witnesses as soon as it receives notification of your injury It is a law that is 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 gained recognition after the passage of Federal Employers Liability Act The law exempts railroad employees from state workers compensation and is designed to provide financial protection to injured workers Contrary to workers compensation statutes that provide compensation regardless of fault FELA is a liabilitybased law that requires evidence that railroad negligence was responsible for creating an injury fela railroad accident lawyer ends the rule that allowed employees to claim they were responsible for the risks associated with their job To qualify to receive FELA benefits a worker must meet the following conditions Provide a safe and secure working environment This could involve training workers or examining the workplace for dangers and unsafe conditions Employers also need to keep up with maintenance and make sure that equipment is operating properly In the event of a workplace accident that causes death the spouses of survivors and children will be compensated If the accident isnt the result of negligence then a jury will decide the amount of damages to be awarded at the conclusion of a trial