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Federal Employers Liability Act FELA Railroad workers are exposed to a variety of dangers working in the field This is one of the reasons Congress passed the Federal Employers Liability Act FELA The law allows them to be exempt from state workers compensation statutes It also allows monetary payouts that are decided by juries based on the comparative negligence Contrary to the laws governing workers compensation FELA is a law founded on fault 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 passed in 1908 came out of the large number of railroad accidents that occurred in the late 1800s to early 1900s The law permits injured railroad employees to sue their employers to recover compensation It also excludes railroad employees from the states workers compensation laws which would normally bar them from suing their employers FELA also allows for higher damages than the ones provided by workers compensation laws All railroads that conduct interstate commerce are subject to the law This generally includes large Class I Class II and Class III railroads as well as small short line railroads that connect to these major railroads Unlike other tort laws FELA requires that the employee demonstrate that their injury was the result of the negligence of their employer but not that it was the sole cause Additionally FELA eliminates contributory negligence and assumption of risk as defenses against recovery Despite the fact that the railroad industry is wellknown for its inherent dangers there are still numerous injuries and even deaths that happen These injuries can be caused by any of a variety of causes including equipment failures negligence and inadequate safety standards It is essential to employ a FELA lawyer with years of experience who will ensure you receive the maximum benefits FELA can cover injuries that are traumatic that result from traumatic injuries like lacerations lacerations joint injuries and smashed bones It also covers occupational diseases like hearing loss lung cancer and asbestosis It also covers the aggravation or preexisting conditions such as carpal tunnel syndrome chronic obstructive lung disease and hearing loss The FELA is an important piece of legislation created to protect railroad workers in the event they are injured while on the job However this does not mean that it is a substitute for workers compensation laws To be successful in a claim the employee has to demonstrate that the employer was negligent or careless The negligence or carelessness has to have caused the injury or death This is not always an easy task but an experienced lawyer can help you with the procedure It is a law based upon fault The Federal Employers Liability Act allows railroad workers who suffer injuries at work to hold their employers accountable FELA differs from standard workers compensation laws in that it requires employees to prove that their employer was negligent and their negligence led to their injury This makes it difficult to claim benefits without an experienced FELA lawyer FELA was passed in 1908 to compensate railroad workers injured on the job It also requires employers to adhere to safety rules The act applies to railway companies that are engaged in interstate or foreign commerce FELA cases are usually filed in federal courts however they can also be filed by injured workers in state courts as well In a FELA lawsuit an employee is entitled to damages for pain and suffering medical expenses lost wages and permanent impairment A factfinder determines the amount of a monetary compensation award which is typically a jury The jury will also consider theories of comparative fault and assumption of risk Under FELA an employee is not required to show that negligence by the railroad was the sole reason for their injury Another significant aspect of FELA is that it is applicable to any injury that occurs during the course of work This includes workrelated injuries as well as exposure to toxic substances or other workrelated hazards This is a major difference from workers compensation which only pays for onthe job injuries that are directly linked to the employer In addition to FELA there are other laws that are applicable to railroad workers There are also laws governing the Locomotive Inspection Act the Safety Appliance Act and rules for train equipment tracks and rail yards A FELA lawyer can assist injured workers determine if their injuries are the result of a violation of law or regulation If the worker is found to be partly responsible for an accident or illness the amount they receive will be reduced by the percentage of blame they bear It is crucial that injured workers seek advice of a FELA attorney who has prior experience in this area It is a preemption law Every employer is responsible for the safety of their workers Certain jobs and industries may be more dangerous for workers than others Therefore workers who work in highrisk areas are held to a higher standard of conduct In fact some jobs are so hazardous that they require specialized training and strict safety guidelines The Federal Employers Liability Act 45 USC 51 was ratified in 1908 In order to bring a claim under FELA an injured railroad worker must prove that their employer did not ensure a safe workplace and that this failure caused the injury fela lawsuits is different from the state laws on workers compensation which allow injured workers to seek compensation for injuries without having to prove negligence Unlike workers compensation FELA requires that a plaintiff prove that the railroads negligence was a direct cause of their injuries A jury can also make a decision that is higher than the states workers laws regarding compensation Its not always clear whether a claim by an injured employee falls under FELA The decision will be made by a judge at the start of the case FELA allows injured workers to sue employers over negligence even if the employer was not the cause of their injuries Railroad employees are also exempt from the states workers compensation laws which would otherwise bar employees from suing their employers A lawsuit brought under FELA may be filed in local or federal courts However the majority of FELA cases are filed in federal courts Regardless of where the lawsuit is filed the law requires that railroad employees injured must be represented by an experienced attorney The Lanier Law Firm is a firm that has been fighting for railroad workers rights for injured for a long time We have extensive experience handling FELA claims It is important that an injured railroad worker has an experienced lawyer on their side because the FELA is a law based on negligence It will ensure that they get the compensation they deserve Furthermore a knowledgeable lawyer will know the best strategies to use in these kinds of cases It is a law The Federal Employers Liability Act provides railroad workers a legal basis to file lawsuits against their employers Additionally it exempts railroad workers from state laws on workers compensation which would otherwise prevent them from bringing suit It is crucial for railroad workers injured to understand the time limit for FELA claims to ensure that they dont run out of time to file a claim The FELA statute of limitations is three years from the date the cause of action first arose This is crucial because the lawsuit if not filed within three years you forfeit your right to compensation This deadline is applicable to railroadrelated deaths and injuries However there are a few circumstances that could make the statute of limitations more complicated Some illnesses can take a long period of time to develop If you are exposed to dangerous substances like creosote or asbestos that slowly poison your body over time you might not get sick until years later In this case the statute of limitations begins when you begin to experience symptoms and you are aware or be aware that your job as a railroad worker is to be blamed for your illness Its a smart idea to engage a lawyer with experience as soon as possible if you are involved in a FELArelated incident An attorney can help you determine who is at fault and what evidence you will require to support your claim He can also begin examining the scene taking photos and speaking to witnesses and examining tools or equipment for any potential hazards that could be the cause of your injury Engaging a lawyer before the deadline can help you avoid missing the FELA statute of limitations He will collect all the evidence needed to prove your claim and ensure that your injuries are paid for In addition he can assist you in filling out the complex documents required to file a FELA lawsuit Trying to handle the claim on your own could be extremely stressful and dangerous especially if youre still recovering from an injury or loss of a loved one