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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is a law that protects railroad workers injured in accidents is unique Contrary to the workers compensation laws FELA requires employers to demonstrate that their negligence contributed to the injury or illness of an employee FELA also covers cumulative trauma injuries that are not always caused by a specific incident This is the reason these claims require the attention of an experienced attorney such as David Paoli Employers Liability Railroad workers are in danger in a unique way as trains travel at high speeds and containing chemical and electrical dangers This is why the Federal Employers Liability Act FELA is designed to offer railroad employees an equitable amount of compensation for injuries they sustain while on the job David Paolis practice focuses on representing railroad workers injured in cases involving the burden of cumulative trauma and incidents of injury under FELA Contrary to the workers compensation statutes that provide compensation for workrelated injuries regardless of the cause FELA is a faultbased law meaning that it requires evidence that negligence by the railroad played at least some part in producing the injury or death for which damages are sought It is not easy to prove that a workers workplacerelated illness or injury is the result of an employers negligence The FELA requires that a jury find an inherent connection between the victims injuries and the defendants behavior But this is a far broader standard than one found in common law negligence laws A FELA lawyer with years of experience will be able to analyze the evidence and determine if there is an inherent relationship Additionally to that the FELA also contains provisions that address issues related to assumption of risk However the courts have always held that an FELA case cannot be tried under the assumption of risk doctrine While the FELA may exclude the assumption of risk defense other common law negligence defenses can still be argued by railroad employers Employers may be sued for negligence when hiring or training employees failing to keep equipment safe and free from dangers and for failing to warn of known dangers The FELA also permits dualcapacity suits in which a company is able to be sued as an employer as well as a manufacturer of a defective product that has caused an employee to be injured or even die Railroads for example employed asbestoscontaining products for years This meant that many employees were exposed to hazardous asbestos and were afflicted with chronic diseases The FELA also allows for punitive damages for nonemployees such as family members who have suffered a wrongful death or debilitating injuries due to an employees workrelated accident or illness Employers Responsibilities The Federal Employers Liability Act was adopted in 1908 by Congress in response to the dangers associated with railroad work The law sets out a set of obligations for employers who operate on a railway that is involved in interstate or foreign commerce The law offers compensation to workers who have been injured by their employers negligence The law also specifies the specific responsibilities of employers including providing adequate supervision and training As a result of FELA and other laws governing workers compensation many people who have been injured due to the negligence of their employer are able to receive the assistance they require It is crucial to remember that not all railroadrelated accidents are eligible as FELA claims The law requires that workers prove that their injury or loss occurred as the direct result of their employers breach of duty To do this they have to provide sufficient evidence of the employers negligence and they must be able to demonstrate that their injury was caused by the negligence of the employer It is important to note that FELA does not allow defenses that are based on assumption of risk or contributing negligence In addition should an employee be found to be responsible for their own injury in a way any settlement or trial award will be reduced by the percentage of blame that they contribute to the injury Under FELA regulations employers are required to ensure safe working conditions and instruct employees on how to operate equipment in a safe manner They must also make sure that employees have access to adequate medical care and must ensure that any injuries are reported as soon as they occur They should also allow injured workers sufficient time to recover FELA is an expansive law that allows injured railroad workers to receive much more compensation than they are entitled to under the standard workers compensation case If youve been injured while working its a great idea to speak to an Shreveport rail injury attorney as soon as you can They can help you to understand the differences between FELA and workers compensation and other types of compensation Duty of Care for Employers One of the most important responsibilities an employer is to provide a secure environment for employees to work This is called the employers non delegable duty of care This duty is a common law concept that supplements an employers statutory obligations It requires employers to provide a system of work that is reasonably safe and provide competent staff to guard the safety of workers The obligation of care goes beyond the workplace and includes the actions of a business in the community and abroad In a globalized environment catastrophes accidents and other unexpected events can have a direct impact on a businesss operations For this reason companies need to have disaster preparedness plans in place for every possible scenario These plans must be regularly updated It is also the employers obligation to ensure that their premises are safe from dangers and that employees are not exposed to hazardous conditions The duty of care also includes the obligation to safeguard employees against the consequences of toxic substances The duty of care includes the obligation to ensure that employees are able to access medical treatment and other services In addition the employers duty of care requires that it take actions to prevent injuries from happening in the first place This includes training workers in how to handle hazardous substances and making sure they are aware of their risks While a duty of care is a crucial aspect of business it can be difficult to define Although the term is frequently used by lawyers in court however it is actually a complex legal concept There are two kinds of duties of care ethical obligations and legal obligations Ethical duties come from the morality of an individual Legal obligations are created or imposed by the law No matter the nature of the obligation every business has an obligation of moral and legal to safeguard their employees customers and everyone else who enters their premises In the absence of this it could lead to grave consequences including litigation and fines Damages Railroad workers risk their lives every day to ensure trains are running on time FELA offers compensation for workrelated injuries despite every effort Understanding how FELA claims are filed and the types of damages that may be awarded is vital for any railroad worker who has been injured A knowledgeable FELA lawyer can help you learn about the laws and make an claim Under the FELA damages can be categorized as discomfort and pain medical expenses as well as lost earnings and future loss of earnings and funeral expenses fela accident attorney allows for recovering these damages if a worker can prove that they were injured because of the negligence of an employer or in violation of federal safety regulations Unlike workers compensation the FELA law permits the recovery of damages that are based on comparative negligence instead of the statutory benefit schedule Railroad workers who are injured are also able to recover the medical expenses of the past and in the future This includes all medical costs related to the injury including physical therapy medication and any equipment needed for the workers recovery This could be a substantial amount of money and is a crucial component of any FELA claims Workers compensation laws vary from states to states however FELA is a federal statute that ensures a uniform distribution of cases across the nation Whatever the location where the claim is filed it will be heard in the court of competent jurisdiction A railroad worker who has been injured and believes they have a right to a FELA lawsuit should speak with an experienced lawyer as fast as is possible The sooner you speak with an attorney the better the odds that your claim will be successful A railroads inhouse team will fight to stop the worker from receiving an equitable settlement It is important that the injured worker has an experienced and skilled advocate on their side A FELA attorney with experience will make sure that the claim has been filed in a timely manner within the time limit of the statute of limitations