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Federal Employers Liability Act FELA Rail workers are exposed to a variety of dangers when working This is among the reasons why Congress approved the Federal Employers Liability Act FELA The law allows them to be exempt from state workers compensation statutes The law also permits cash payouts to be determined by juries based on the evidence of negligence in a comparative manner Contrary to workers compensation laws FELA is a faultbased law To be eligible for damages the plaintiff must prove that their employers negligence caused the injury It is a federal statute The Federal Employers Liability Act FELA was enacted in 1908 due to the apprehension of railroad accidents during the latter part of the 1800s and early 1900s The law allows railroad workers who suffer injuries to seek compensation It also excludes railroad workers from the states workers compensation laws which normally prohibit employees from suing their employers FELA also allows for greater damages than those provided by workers compensation laws fela lawsuits applies to all railroad companies that engage in interstate commerce This includes major Class I Class II and Class III railroads as well as smaller short line railroads that are connected to these major railways Unlike other tort laws FELA requires only an employee to be able to prove that the injury was the result of his or her employers negligence but not that it was the sole cause FELA also eliminates the defenses of assumption and negligence Despite the fact that the railroad industry is wellknown for its inherent dangers there are still many accidents and even deaths that occur These injuries can result from many reasons including negligence equipment malfunctions and inadequate safety standards It is essential to find an skilled FELA lawyer who will make sure you receive the maximum amount of benefits FELA may cover traumatic injuries such as lacerations lacerations joint fractures and smashed bone It also covers occupational illnesses like lung cancer asbestosis and hearing loss It also covers the aggravation or existing conditions like carpal tunnel syndrome chronic obstructive lung disease and hearing loss The FELA was created to protect railroad workers from injuries while on the job This does not mean its an alternative to workers compensation laws To be successful in a claim the employee has to demonstrate that the employer was negligent or careless This negligence or carelessness caused the injury or death It is not always easy to prove negligence but an attorney can be of assistance It is a faultbased law The Federal Employers Liability Act allows railroad workers injured at work to hold their employers accountable FELA differs from regular workers compensation laws because it requires employees to prove that their employer was negligent and that the negligence led to their injury It is challenging to claim FELA benefits without a seasoned FELA attorney FELA was enacted by Congress in 1908 to provide the payment of railroad workers injured on the job It also requires employers to abide by safety regulations The act covers railway companies that engage in foreign and interstate commerce FELA cases may be filed in state courts by injured workers but typically they are filed in federal courts In a FELA lawsuit an employee is entitled to damages for pain and suffering as well as medical expenses lost wages and permanent impairment A factfinder determines the amount of a monetary compensation amount which is usually the result of a jury The jury also takes into account theories of comparative negligence and assumption of risk Under FELA an employee doesnt need to prove that the railroads negligence caused their injury The FELA is also applicable to any injury that occurs during the course or employment This includes workrelated injuries as well as exposure to toxic substances or other workplace hazards This is a major distinction from workers compensation which only pays out for injuries on the job that are directly connected to the employers actions There are also other laws that impact railroad workers These include the Locomotive Inspection Act and the Safety Appliance Act as along with rules for work schedules train equipment tracks and rail yards A FELA lawyer can assist injured workers determine if their injuries occurred as the result of a violation of law or regulation If a worker is partially responsible for an illness or injury the amount they receive will be reduced It is crucial that injured workers seek advice of an FELA attorney with expertise in this field It is a preemption law Employers are all accountable for the safety of their employees However certain industries and jobs could pose greater risk to workers than others Therefore workers who work in highrisk sectors are held to a higher standard of conduct Indeed certain jobs are so dangerous that they require special training and strict safety guidelines This is why the Federal Employers Liability Act FELA 45 USC 51 was approved in 1908 To bring a claim under FELA an injured railroad worker must show that their employer failed to provide a safe work environment and that this caused the injury It is different from the state workers compensation laws that permit injured workers to recover without having to prove negligence Contrary to workers compensation FELA requires that the plaintiff prove that the railroads negligence was the direct cause of their injury A jury can also make a decision that is higher than the states workers laws regarding compensation It is not always obvious whether a claim by an injured employee falls under FELA The decision will be made by a judge at the beginning of the case FELA allows injured employees to sue employers for negligence even if the employer was not at fault for their injuries It also exempts railroad employees from the states laws on workers compensation that would otherwise prohibit the possibility of suing their employers A lawsuit filed under FELA can be filed in a local or federal court However most FELA cases are filed in federal courts Whatever the location where the case is filed the law states that railroad employees who are injured must be represented by an experienced attorney The Lanier Law Firm has a long tradition of fighting for the rights of railroad workers injured We have years of experience in handling FELA claims The FELA is a law based on fault so it is important for railroad workers injured to have an experienced lawyer on their side This will ensure they receive the amount of compensation they are entitled to An experienced lawyer will know the best approach to use in these situations It is a statute of limitations The Federal Employers Liability Act provides railroad workers with a legal basis for filing lawsuits against their employer The Federal Employers Liability Act FELA exempts railroad employees from the state workers compensation laws which could otherwise hinder them from being sued Railroad workers who have been injured should be aware of the statute of limitations on FELA claims to avoid missing the deadline The FELA statute of limitations is three years from the time your cause of action is established This deadline is crucial since if your lawsuit is not filed within three years you lose your right to compensation This time frame applies to deaths and injuries that result from railroad work However there are a few different circumstances that can make this statute of limitations more complex Certain illnesses may take a long period of time to be diagnosed For instance if you are exposed to harmful chemicals such as creosote or asbestos that slowly contaminate your body you could not be diagnosed with a condition until some time after In this instance the statute of limitations commences when you first experience symptoms and you are aware or be aware that your work as railroad workers is to blame for your condition Its a good idea to engage an experienced lawyer as soon as you can if you are involved in a FELArelated accident A lawyer can help you determine who is responsible for your injuries or death and what evidence will be needed to support your claim He can also begin examining the scene by taking photographs and talking with witnesses and checking equipment or tools for any potential hazards that could have caused your injuries Engaging a lawyer before the deadline can help you avoid missing the FELA statute of limitations He will collect all the evidence you need to prove your claim and ensure that your injuries are paid for In addition he will assist you in filling out the lengthy forms required to file the FELA lawsuit It is risky and stressful to to manage your claim on your own particularly if the underlying injury or loss is still fresh in your mind