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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is a unique law that protects railroad workers who have been injured Contrary to the workers compensation statutes FELA is a faultbased statute that requires employers to prove that their negligence played a role in the employees injury or illness FELA covers cumulative trauma injuries that arent always caused by an specific incident David Paoli an experienced attorney is the best person to handle these claims Employers Liability Railroad workers face unique dangers with trains that move at high speeds and with electrical and chemical dangers The Federal Employers Liability Act is designed to provide railroad employees with fair indemnity for injuries they suffer during their work David Paolis legal practice focuses on representing railroad workers who have suffered injuries including those who have cumulative trauma claims or specific incident injury cases filed under FELA In contrast to workers compensation laws that offer compensation for injuries sustained on the job regardless of the cause FELA is a faultbased law which means it requires evidence that the railroads negligence played a role in producing the injury or death for which damages are sought It isnt always easy to prove that a workers workplacerelated illness or injury is due to the employers negligence The FELA requires that a jury find an inherent connection between the injury and the defendants behavior But it is a more expansive standard than that found under common law negligence laws A qualified FELA lawyer will have extensive expertise in analyzing the evidence and determining whether an inherent relationship exists Additionally the FELA also contains provisions to address issues related to assumption of risk However courts have repeatedly ruled that a FELA case cannot be tried by applying the doctrine of assumption of risk Railroad employers can make use of other common law negligence defences even though the FELA does not allow assumption of risk defenses They can be based on negligence in the hiring or training of an employee and the failure to keep equipment adequately safe and free from hazards and the failure to inform employees of known risks The FELA also permits dualcapacity suits in which an employer could be sued as an employer as well as a manufacturer of defective products that have caused an employee to get injured or die Railroads for example employed asbestoscontaining products for a long time Many employees developed debilitating ailments due to exposure to asbestos The FELA allows punitive damages to be awarded to nonemployees suffering an unjustly incurred death or injury due to a workrelated accident Responsibilities of Employers The Federal Employers Liability Act was approved in 1908 by Congress due to the dangers of railroad work This law establishes a set of obligations for employers who work on a railroad that is involved in commerce with foreign or interstate The law provides compensation for employees who suffer injuries as a result of the negligence of their employers The law also outlines the specific responsibilities of employers like providing adequate supervision and training Because of FELA and other workers compensation laws many who have been injured due to the negligence of their employer can receive the assistance they require It is crucial to keep in mind that not all accidents involving railroad workers qualify as FELA claims The law requires that workers demonstrate that the injury or loss was a direct result of the negligence of their employer To be able to do this they must present extensive evidence of the employers negligence and they must be able to prove that their injury was the result of the negligence of the employer railroad injury fela lawyer is important to know that FELA does NOT allow the defenses that are based on assumption of risk or contributing negligence In addition when an employee is determined to have contributed to their own injury in a way any settlement or trial award will be reduced by the percentage of fault that they contribute to the injury To comply with FELA employers must ensure that their employees are taught how to operate equipment safely and ensure safe working conditions They also have to ensure that employees receive proper medical treatment and ensure that all injuries are reported promptly They must also allow injured workers enough time to heal FELA is a comprehensive law that allows railroad workers injured by injuries to receive much more compensation than they are entitled to under a standard workers compensation claim As such if you have been injured at work its a good idea to talk with an Shreveport railroad injury lawyer as soon as possible They can assist you to understand the differences between FELA and workers compensation and other types of compensation Employers are responsible for their care One of the most important obligations that an employer has is to provide a safe place for employees to work This is known as the employers nondelegable duty of care This is a common law concept that supplements an employers statutory obligations It requires employers to maintain an environment that is reasonably safe and to provide competent personnel to ensure their employees security The duty of care extends beyond the confines of the workplace and extends to a companys actions in the community and internationally In a globalized society disasters accidents and other unforeseeable events could have a direct impact on a businesss operations For this reason companies must have disasterpreparation plans in place for any possible scenario These plans should be regularly updated It is the responsibility of the employer to ensure that their property is free of hazards and their employees arent in dangerous conditions Moreover the duty of care includes the obligation to shield employees from the negative effects of exposure to toxic materials Moreover the duty of care includes the requirement to ensure that employees have access to medical care and other health care services In addition the employers duty of responsibility requires that it take steps to prevent injuries from happening in the first place This includes educating employees on how to handle hazardous materials and making sure they are aware of their risks While a duty of care is an essential part of business however it can be a challenge to define The term is used by lawyers to describe an intricate legal concept There are two types of obligations of care ethical obligations and legal obligations Ethics are based on a persons morality Legal obligations are imposed or created by the law All businesses have the moral and legal obligation to safeguard their employees customers and anyone else who visits their property Failure to comply with this obligation could be a serious issue like litigation and fines Damages Railroad workers risk their lives every day to keep trains running on time FELA provides compensation for workrelated injuries despite every effort Understanding the process by which FELA claims are filed and the types of damages that can be recovered is crucial for any railroad worker injured Although the law might appear complicated a knowledgeable FELA attorney can provide invaluable guidance in understanding the laws and filing claims The types of damages that may be recouped under FELA include the following pain and suffering medical expenses lost wages future loss of earnings and funeral costs The law allows for recovery of these damages if a worker can prove that they were injured because of the negligence of an employer or violation of federal safety laws Unlike workers comp and FELA FELA allows damages to be recouped in the context of comparative fault not the statutory benefit schedule Injured railroad workers can also recuperate the cost of their medical treatments in the past and in the future This includes all medical expenses related to the injury This includes medical treatment physical therapy and any equipment required for the worker to recover This could be a significant amount of money and is a crucial element of any FELA claim Workers compensation laws differ according to state however the FELA is a federal statute that ensures uniform distribution of cases across the nation Whatever the location where the claim is filed the case will be heard by a court with competent jurisdiction A railroad worker who is injured and believes they have a right to an FELA lawsuit should seek out an experienced lawyer as fast as is possible The sooner you speak with an attorney the better the chances are that your claim will be successful The inhouse team of a railroad will fight to prevent the worker from receiving a fair settlement It is crucial that the injured person has an experienced and skilled advocate on their side An experienced FELA lawyer can help ensure that the claim is filed in a timely manner and within the statute of limitations