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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is a law that protects railroad workers injured in accidents is unique Unlike workers comp statutes FELA requires employers to demonstrate that their negligence contributed to the injury or illness of an employee FELA also covers cumulative trauma injuries that are not always caused by an incident This is why these claims need the attention of an experienced attorney like David Paoli Employers are liable Railroad workers are subject to particular dangers due to the speed of trains as well as chemical and electrical dangers The Federal Employers Liability Act is designed to provide railroad workers with fair compensation for injuries sustained on the job David Paolis law practice focuses on representing railroad employees who have been injured for example those who have particular claims for cumulative trauma or injuries that occurred under FELA In contrast to workers compensation statutes which provide compensation for injuries sustained on the job regardless of fault FELA requires proof that railroad negligence was at a minimum partially responsible for the death or injury that is sought Proving that a claimants workrelated injury or illness is caused by negligence on the part of an employer isnt easy The FELA requires a juror to find an inherent relation between the injury sustained and the defendants conduct However this is a much broader standard than one which is found under common law negligence principles A FELA lawyer with extensive experience can analyze the evidence and determine if there is a causal link The FELA contains provisions that address the question of risk assumption However courts have repeatedly ruled that a FELA case cannot be decided using the doctrine of assumption of risk Employers of railroads can still raise other common law negligence defenses even when the FELA does not allow assumption of risk defenses This includes negligence in hiring or training of employees and the failure to keep equipment reasonably safe and free of dangers and inability to warn of the risks In addition the FELA allows dualcapacity suits where the employer is sued as a manufacturer and employer of a product that causes an employee to be injured or killed For instance asbestoscontaining items were utilized by railroads for several years Many employees developed debilitating diseases after being exposed to asbestos The FELA also allows for punitive damages for nonemployees for example family members who suffered wrongful death or debilitating injuries caused by an employees workplace accident or illness Responsibilities of Employers Railroad work is a notoriously hazardous job which is why it was the reason for Congress to pass the Federal Employers Liability Act in 1908 This law establishes the obligations of employers who work on a railway that is involved in international or foreign commerce The law offers compensation to employees who suffer injuries as a result due to the negligence of their employer It also outlines various other specific responsibilities for employers including providing adequate training and supervision Because of FELA and other laws governing workers compensation Many people who have suffered injuries due to the negligence of their employer are able to get the help they need It is important to remember that not all accidents involving railroad workers can be considered FELA claims The law requires that workers prove that the injury or loss occurred as a direct result of their employers breach of duty To prove this they will need to prove that the employer was negligent and will need to prove their injury was result of the negligence It is important to note that FELA does NOT allow the defenses in the context of the assumption of risk or contributing negligence Additionally when an employee is determined to have contributed to their own injury in some way any settlement or trial award will be reduced by the proportion of fault that they contribute to the injury Under FELA an employer must maintain safe working conditions and instruct employees on how to operate equipment safely They must also ensure that employees have access to adequate medical care and that any injuries are reported immediately They must also give injured workers sufficient time to recover FELA is a comprehensive law that allows railroad workers injured to receive a higher amount of compensation than would be available under a standard workers compensation case As such if youve been injured at work its a good idea to talk with an Shreveport railroad injury attorney as soon as you can They can help you to be aware of the differences between FELA workers compensation and other forms 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 an employers nondelegable duty of care This duty is a common law notion that supplements an employers statutory obligations Employers are required to ensure a work environment that is reasonably safe and provide competent personnel to ensure the safety of workers The obligation of care goes beyond the workplace to include the actions of a business in the community and abroad In a globalized environment disasters accidents and other unforeseeable events may directly impact a companys operations Companies should have plans for disaster preparedness in place to be prepared for all eventualities These plans should be updated regularly It is also the employers duty of care to ensure that its premises are safe from dangers and that employees are not exposed to dangers Additionally the duty of care includes an obligation to protect employees from the adverse effects of exposure to toxic materials Additionally the duty of care also includes the requirement to ensure that employees have access to medical treatment as well as other health services A duty of care also requires employers to take measures to prevent injury in the first instance This includes training workers in how to handle dangerous materials and ensuring they are aware of their risks While a duty of care is a fundamental aspect of business however it can be a challenge to define While the term is commonly used by lawyers in court its actually a nebulous legal concept There are two kinds of duties of care legal obligations and ethical duties Moral obligations stem from an individuals morality while legal duties are those that are imposed by the government or created through statute All businesses have an obligation of moral and legal to protect their employees customers and everyone else who is visiting their property Failure to comply with this obligation could lead to serious consequences including lawsuits and fines Damages Railroad workers put their lives in danger every day to ensure trains are running on time Despite their efforts accidents do occur and FELA is the sole source of compensation for injuries sustained during the course of their work It is important for injured railroad workers to know how FELA claims can be filed and what damages they could be able to recover While the law may seem complex an experienced FELA attorney can provide valuable advice on understanding the laws and filing claims The kinds of damages that can be claimed under FELA include pain and suffering medical expenses as well as lost wages the possibility of loss of earnings and funeral costs The law allows workers to recover the costs if they prove that their injuries were the result of the negligence of their employer or an infraction of federal safety laws Unlike workers comp the FELA allows for the recovery of damages by comparing fault not the benefit schedule as prescribed by law Railroad workers injured in an accident can recuperate the cost of their medical treatment in the past and in the future This includes all medical expenses related to the injury This includes medical treatment or physical therapy as well as any equipment needed for a worker to recover This can be a significant amount of money and is an important part of any FELA claims Workers compensation laws vary from states to states however FELA is a national statute that guarantees a uniform distribution of cases throughout the country No matter where the case is filed the case will be heard by the court of competent jurisdiction Railroad workers who are injured and believes that they have a right to an FELA lawsuit should speak with an experienced lawyer as soon as possible The earlier a lawyer can be consulted and the earlier it is the more likely that the claim will be successful The inhouse team at a railroad will fight to prevent the worker from receiving an equitable settlement It is crucial that the injured worker have an experienced and knowledgeable advocate on their side fela case settlements with years of experience can ensure that the claim has been filed in a timely manner within the statute of limitation