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Federal Employers Liability Act Railroad workers arent protected by state laws governing workers compensation however they are protected by a set of federal laws known as the Federal Employers Liability Act FELA FELA allows railroad workers injured to sue their employer for damages To succeed in a lawsuit brought under FELA you must show that your injury was the result of negligence or violation of a federal safety statute such as the Power Brake Law or Safety Appliance Act FELA Compensation The Federal Employers Liability Act provides compensation for workers injured at work Its a law based on fault that permits damages that go above those offered by the standard laws for workers compensation However there are distinct rules and procedures governing FELA cases making them more complex than other types of personal injury cases FELA claims are filed in federal courts so attorneys must be aware of both state tort law and federal laws when representing their clients Unlike workers comp laws that provide benefits regardless of the cause FELA requires that the injured worker prove that their employer was negligent in creating the accident The FELA was created to stop railroad employers from trying to shield themselves from liability for the harm or death caused due to their negligence The FELA compensates injured workers for injuries caused by railroad faults in addition to benefits under the state workers compensation laws Following an accident injured railroad workers must seek immediate medical attention This is not only crucial for their health but can also aid them in establishing a strong case if they suffer another injury They must also notify their employer of the injury as soon as they can Railroad workers who are injured have the right to make an FELA complaint without fear of retaliation Its illegal for railway companies to fire or discipline employees who file an FELA claim as well as illegal to discriminate against employees on the basis of their participation in legal proceedings related to workplace accidents FELA cases cover a wide range of injuries from train accidents that are catastrophic to repetitive stress injuries Workers who arent seriously injured but are suffering from cumulative trauma may be involved In contrast to workers compensation FELA claims allow injured railroad workers to claim monetary compensation for their pain and suffering as well as their lost wages Fortunately knowledgeable FELA lawyers can assist their clients get the compensation they deserve FELA Benefits Every employer is responsible to ensure that their workers are safe while performing workrelated tasks Businesses in highrisk industries must adhere to stricter safety standards They must compensate workers who are injured on the job more than lowerrisk companies To ensure that employees are able to receive adequate compensation in the event of an workplace injury Some federal agencies have passed laws that permit them to sue their employer for damages in the case of an accident The Federal Employers Liability Act FELA is one such law It took effect in 1908 as a response to the alarming number of railroadrelated deaths in the 19th and early 20th century FELA allows railroad employees to sue their employers in the event of accident and gives workers the right to claim cash compensation that is greater than the amount offered by traditional workers compensation claims Unlike workers compensation where employees only need to prove they suffered a workplace injury FELA requires employees to prove that their injuries were directly connected to their job activities This is essential since some injuries arent immediately obvious such as carpal tunnel syndrome or a repeating injury FELA protects injured workers from workplace retaliation in addition to allowing them to recover damages FELA prevents employers from retaliating towards employees who submit an action It is important for workers to understand their rights and seek advice from an knowledgeable FELA attorney to protect their best interests Workers injured in an accident should seek medical attention prior to filing an FELA lawsuit The injured worker should call an attorney to arrange a consultation and discuss their case An attorney can assist injured workers determine what compensation they are eligible for and how they can get the compensation they deserve FELA benefits include compensation for lost wages loss of earnings along with pain and suffering disfigurement disability and emotional distress The amount of compensation offered under FELA goes beyond covering medical expenses and lost wages This is why it is important for injured workers to get the assistance they require by working with an experienced FELA attorney Statute of the FELA FELA is federal law that grants railroad workers the right to claim compensation from their employers when they suffer injuries while at work Contrary to workers compensation which provides benefits regardless of fault in the majority of cases FELA claims rely on the negligence theory and set an upper standard for employer liability This unique and complicated set of rules makes FELA cases more difficult than other types of employmentrelated injury claims and requires the knowledge of an attorney who understands the intricate rules of the law The degree to which an employee is covered by FELA is determined by the scope of their duties and if the duties require himher to be in interstate trade Generally anyone who works for a railroad that transports passengers or freight across state lines is covered by the law This includes employees like engineers brakemen and conductors Additionally a railroad that operates within the boundaries of one city but gives trackage rights other companies that are engaged in interstate commerce could be covered by FELA A railroad company could be held liable for a workers injuries under FELA when the injury results from the employers infringement of workplace safety laws like the Locomotive Inspection Act Railroad Safety Appliance Act or the Boiler Inspection Act It is crucial to understand that in order for a worker to win in a FELA claim they must prove more than that the railroads actions violated any of these statutes They must also prove that the violation led to their injury If an injured worker prevails in a FELA case they can receive compensation for a variety of injuries and related expenses These damages include medical costs as well as lost wages emotional distress and pain and suffering They can also receive damages for a loss of future earning capacity and the aggravation caused by preexisting ailments The railroad industry is subject to stricter safety standards than other industries Railroad workers who have been injured should seek legal representation from a seasoned FELA lawyer who can assist them obtain maximum compensation for their losses fela attorneys and signals are vital safety mechanisms which prevent devastating often deadly collisions between trains as well as other vehicles If youve suffered injuries due to a defective signal or switch or any other negligence by your employer you could be legally entitled to compensation This is covered under the Federal Employers Liability Act FELA A qualified FELA attorney is familiar with this complex area of law and can help you fight to get the fair financial assistance you require A FELA lawyer will assess your case in depth to determine any possible acts of negligence which caused the injury They will also explain to you the legal procedure which includes filing a lawsuit or negotiating a settlement With this information theyll formulate a legal strategy that is specific to your particular situation and will take into consideration the negligence identified When selecting a FELA lawyer choose one who has a proven track record of successfully representing clients with their FELA claims Review testimonials from past clients or peer endorsements as well as professional recognitions to find out more about the attorneys experience You can also request a list with references from previous clients Choose an attorney who holds the legal license required to practice in your state They will have more knowledge of local laws and be more readily available for meetings in person FELA actions differ from workers compensation claims because they are based on fault and filed in federal courts This makes it more difficult to prove your claim To win a FELA claim you have to prove that the negligence of your employer caused your injuries To prove this it is important to understand the tort law principles The complex nature of FELA may seem overwhelming but the correct legal team will work to ensure that you receive the amount of compensation you deserve An experienced FELA lawyer will handle the intricate details of your case collect evidence negotiate with the railroad company and represent you in court if necessary Contact a FELA attorney for a free consultation today The sooner you make contact the sooner it is that you will be able to secure the money you need to pay medical bills lost wages and suffering