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Federal Employers Liability Act FELA The railroad industry is a highly risky workplace that could lead to severe injuries These injuries can be caused by train accidents or asbestosrelated diseases such as mesothelioma If youve been injured at work you must contact a Tennessee FELA lawyer FELA is an act that permits employees who have been injured by their employer to sue them for negligence Unlike state workers compensation laws FELA claims require proof of fault on the part of the employer FELA is a federal statute When a railway worker suffers an injury while working and is injured they may be able to be able to seek compensation under FELA This law permits railroad employees who are injured to claim compensation from their employers for injuries caused by the companys negligence Workers who are injured can be awarded compensation for future and past medical expenses as well as pain and suffering and lost wages These cases are similar to those that are filed under state workers compensation laws 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 railway is usually covered by the law This includes those who hold an ongoing job in interstate commerce like engineers and conductors of trains brakemen signalmen and signalmen trainees The law also applies to employees who arent typically thought of as being involved in interstate commerce This includes office workers and contractors To be eligible for a FELA claim the employee must prove that their injury or illness was caused by the employers negligence Remember that the law doesnt necessarily mean that railroads were negligent in all cases It must be proved that the employer breached their obligation of care to the employee in some way such as by not providing adequate training or safety equipment or by creating a dangerous work environment The law is built on common tort principles and was first passed in 1908 It is a federal law but it has also influenced the state tort laws In addition to FELA many states have their own workers insurance laws that cover workers in highrisk industries and jobs Whatever the state in which an incident occurred and a FELA claim can be filed by any railroad worker who has sustained an injury on the job Families of deceased railroad workers can also pursue a claim for wrongful death It is a strict liability 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 compensates injured workers and their family members This is in addition to the benefits offered by state workers compensation laws In order to be eligible for FELA workers must prove that the injury was the result of railroads negligence or its failure to provide safe working conditions The FELA also allows employees to sue for damages not covered by workers compensation which includes pain and suffering If an employee is guilty of contributory negligence the jury will reduce their award by an amount proportional to their fault This is referred to as assumption of risk It is a tort law The Federal Employers Liability Act FELA is which is a tort law permits railroad workers who have been injured to pursue damages against their employers It is a specialization area of law that has unique rules and procedures fela attorneys who is knowledgeable about FELA suits is required to assist you Unlike workers compensation laws which offer compensation regardless of fault by an employer FELA is a faultbased law that requires proof that an employers negligence was a direct cause of the death or injury In 1908 Congress passed FELA in response to the risk of railroad workers being injured at work While states had already started establishing workers compensation laws they had not included workers who were involved in interstate commerce The FELA addressed the exclusion of employees engaged in interstate commerce by allowing the state tort liability laws and allowing injured railroaders to sue their employer for additional damages that are not available through workers compensation A worker is entitled to compensation under FELA when he suffers injury or killed due to the negligence of a driver This includes negligence resulting from inability to maintain safe working conditions like defective equipment or tracks It also includes failing to properly train workers and properly supervise them It also involves a violation of safety standards set by the Occupational Safety and Health Administration or other laws like the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also provides reimbursement for medical expenses as well as other compensation This is in addition to normal benefits of workers compensation The FELA allows for compensation to be paid to the family members of a deceased worker In some cases this could include the spouse and children of the deceased worker If you are a railroad employee who has been injured at work you must seek out an attorney who is familiar with FELA immediately The FELA allows you to file a lawsuit up to three years after the date of the injury However it is crucial to hire an attorney to begin collecting evidence as early as possible This is because railroads begin to gather documents statements and witnesses immediately after receiving notice of your injury It is a law based on the concept of liability After half a century of argument that they were more than mere industrial wage earners railroad employees finally gained recognition in 1908 thanks to the passing of the Federal Employers Liability Act FELA The law which exempts railroad employees from the states workers compensation programs was crafted to provide financial protection for injured workers In contrast to the statutes for workers compensation that offer compensation regardless of fault in an accident FELA is a law based on liability that requires proof of negligence by railroad It also abolishes the doctrine that allowed employees to claim they were liable for the risks that came with their work To be eligible to receive FELA benefits workers must fulfill the following requirements Provide a safe working environment This may involve training workers or examining their workplaces to identify potential hazards and unsafe conditions Employers are also required to maintain equipment and ensure that it is in good operating condition If a workplace accident results in death the surviving spouse and children are compensated If the accident isnt the result of negligence then a jury will determine the amount of damages to be awarded at the end of the trial