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Federal Employers Liability Act FELA Railroads are an industry with a high risk that can cause serious injuries These injuries can be caused by train accidents or asbestosrelated illnesses like mesothelioma If youve been injured while working and youre not sure what to do seek legal advice from an Tennessee FELA attorney FELA is a crucial law that allows workers to sue their employers for negligence Unlike state workers compensation laws FELA claims require proof of fault on the part of the employer FELA is a federal law When a railroad worker suffers an injury while working and suffers an injury they can be able to seek compensation under FELA This law allows injured railroad workers to file lawsuits against their employers for injuries that result due to the negligence of the company Injured workers can claim reimbursement for past and future medical expenses as well as pain and suffering and lost wages These cases are similar to those that are filed under the laws of state workers compensation but with additional requirements They also have their own rules and procedures that require the attention of a lawyer familiar with FELA litigation Anyone who works for a railroad is generally protected by law This includes anyone who has an ongoing job in interstate commerce like conductors and train engineers brakemen switchmen engineer trainees signalmen and machinists The law also covers employees who arent typically considered to be involved with interstate commerce This includes office workers and contractors To qualify to file to be eligible for FELA lawsuit the worker has to prove that the negligence of the employer caused their injury or illness It is important to note that the law doesnt necessarily mean that the railroad was negligent in all cases It must be proved that the employer acted in breach of his duty of care to the employee for example in the absence of adequate safety equipment or training or by permitting a dangerous work environment The law is founded on common tort laws and was first passed in 1908 Although it is a federal statute it has influenced the development of state tort laws In addition to FELA states many states have their own workers compensation laws that protect those working in highrisk industries and jobs Regardless of the state in which an accident occurred and a FELA claim can be filed by any railroad worker who has sustained an injury while working Families of deceased railroad workers can pursue an wrongful death claim as well It is a strictliability law The Federal Employers Liability Act is a strict liability law which allows railroad workers to sue their employers for injuries caused by their negligence The FELA provides compensation to injured workers and their families In addition it provides benefits provided by workers compensation laws In order to be eligible for FELA a worker must prove that the injury was the result of railroads negligence or inability to provide safe working conditions The FELA allows employees to sue to recover damages that are not covered by workers compensation like suffering and pain If an employee is found guilty of contributing negligence then the jury will reduce the amount awarded by a proportional amount This is known as assumption of risk It is a tort laws The Federal Employers Liability Act FELA is an act of tort that allows injured railroad workers to sue their employers for damages This is a specific area of law with unique rules and procedures that require the expertise of an attorney wellversed in FELA cases Contrary to workers compensation laws which provide compensation 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 the FELA to address the high danger of accidents at work for railroad employees While states had already started establishing workers insurance laws these laws excluded workers who were involved in interstate commerce The FELA addressed this exclusion by liberalizing the state law of tort liability and allowing injured railroad employees to sue their employers for damages that are not covered by workers compensation Under FELA it is possible for a worker to claim compensation from his or employer if she is injured or killed because of the negligence of the carrier This includes negligence due to failure to maintain safe working conditions for example inadequate tracks or equipment It also includes the failure to train workers properly and properly supervise them It also involves a violation of safety standards set by the Occupational Safety and Health Administration or laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also allows for the recovery of medical expenses and other compensation This is in addition to regular benefits for workers compensation In the event of the death of a worker the FELA provides for the payment of compensation to family members In certain situations the FELA could protect the spouse and children If youve been injured while working as railway workers and you are injured you should speak with an attorney who is familiar with FELA as soon as possible fela attorneys permits you to file a lawsuit up to three years from the date of the injury However it is crucial that you hire an attorney to begin gathering evidence early The railroad will begin collecting statements and records documents and witnesses as soon as it is informed of your injury It is a law based on liability After more than a halfcentury of trying to prove they were more than industrial wage earners in 1908 railroad workers finally got recognition after the passing of the Federal Employers Liability Act The law which excludes railroad employees from state workers compensation programs was crafted to provide financial security for injured workers Unlike workers comp statutes which provide for the payment of compensation regardless of fault FELA is a liabilitybased law that requires evidence that the railroad was negligent in causing an injury It also eliminates the principle that allowed employees to claim that they were liable for the risks that came with their work To be eligible for FELA benefits workers must meet the following requirements in providing a safe working environment This could mean training workers or examining the workplace for dangers and unsafe conditions Employers are also required to maintain equipment and ensure it is in good condition If an accident at work causes death the surviving spouse and children will be paid compensation If the accident was not caused by negligence a jury will determine the amount of damages awarded at the conclusion of the trial