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Federal Employers Liability Act FELA The Federal Employers Liability Act FELA is which protects railroad workers injured in accidents is unique In contrast to workers compensation statutes FELA requires employers to prove that their negligence contributed to the employees illness or injury FELA covers cumulative trauma injuries that are not always caused by a specific incident David Paoli an experienced attorney is the best person to handle these claims Employers are liable Railroad workers face unique dangers when working on trains that travel at high speeds and are prone to electrical and chemical hazards The Federal Employers Liability Act is designed to provide railroad employees with fair compensation for injuries they sustain while working David Paolis practice is focused on representing injured railroad workers including those with the burden of cumulative trauma and incident injury cases under FELA Unlike workers compensation statutes which offer compensation for injuries sustained on the job regardless of fault FELA is a faultbased law meaning that it requires evidence that the railroads negligence was at least a part in causing the death or injury for which damages are sought It is not easy to prove that an employees occupational injury or illness is due to the employers negligence The FELA requires that a jury discover an inherent connection between the injury suffered and the defendants actions This is a higher definition than the one used in common law negligence laws As such a qualified FELA lawyer will have vast expertise in analyzing the evidence and determining whether there is an inherent relationship exists Additionally to that the FELA also contains provisions to address issues related to assumption of risk However courts have consistently held that a FELA case cannot be decided with the assumption doctrine of risk Employers of railroads can still use other common law negligence defences even when the FELA does not allow assumption of risk defenses This includes 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 dangers Additionally to that the FELA allows for dualcapacity suits in which the employer is sued both as an employer and manufacturer of a product that causes an employee to be injured or killed Railroads for instance used asbestoscontaining products for many years In the process many employees were exposed to hazardous asbestos and were afflicted with chronic illnesses The FELA also permits punitive damages to nonemployees like family members who have suffered a unjustlydeceased death or serious injuries caused by an employees workplace accident or illness Employers Responsibilities The Federal Employers Liability Act was approved in 1908 by Congress due to the dangers associated with railroad work The law sets out a set of obligations for employers working on a railroad involved in international or foreign commerce The law provides compensation to workers who have been injured by the negligence of their employer The law also defines a number other specific responsibilities of employers such as providing adequate supervision and training Many people who were injured due to the negligence of their employers are able to receive the assistance they need because of FELA However it is important to keep in mind that not every incident involving a railroad worker qualifies as a FELA claim The law requires that workers prove that their injury or loss occurred as the direct result of their employers breach of duty In order to prove their case they must prove that the employer was negligent and will need to prove their injury was the result of this negligence It is important to remember that FELA does NOT allow the defenses based on assumption of risk or contributing negligence Additionally should an employee be determined to have contributed to their own injury in any way any settlement or trial award will be reduced by the proportion of fault that they have to share Under FELA regulations employers are required to maintain safe working conditions and educate employees on how to operate equipment in a safe manner They also have to ensure that employees receive the proper medical treatment and that injuries are reported immediately Additionally they must provide enough time off for employees injured while on the job to recuperate FELA is an expansive law that allows railroad workers injured by injuries to receive a higher amount of compensation than they are entitled to under the standard workers compensation case In case youve suffered an injury on the job its recommended to speak with an Shreveport railroad injury attorney immediately if you can They can assist you to understand the differences between FELA and workers compensation and other types of compensation Employers Duty to Care One of the most important responsibilities an employer is to provide a secure environment for employees to work This is called the employers nondelegable obligation of care This duty is a notion of common law which supplements the legal obligations of an employer It requires employers to provide a system of work that is reasonably safe and to provide competent staff to guard the safety of workers The duty of care extends beyond the workplace to include the actions of a business in the community and abroad In a globalized world disasters accidents and other unexpected events could have a direct effect on a companys operations Businesses must have plans for disaster preparedness in place to deal with all possible scenarios These plans must be regularly updated It is the job of the employer to ensure that their premises are free of dangers and that their employees arent to hazardous conditions Furthermore the duty of care includes the obligation to shield employees from the effects of exposure to toxic substances Furthermore the duty of care includes the obligation to ensure that employees have access to medical treatment and other health care services In addition an employers duty of responsibility requires that it take actions to prevent injuries from happening in the first place This includes teaching employees how to handle dangerous materials and ensuring that they are aware of the dangers associated with them Although 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 define a complex legal concept There are two kinds of duties of care ethical obligations and legal duties Ethics are based on a persons morality Legal duties are imposed or formulated by law Regardless of the nature of the obligation each business is under a legal and moral obligation to safeguard their employees customers and anyone else who visits their premises In the absence of this it could result in serious consequences including lawsuits and fines Damages Every day railroad workers put their lives at risk to ensure trains run on time FELA provides compensation for workrelated injuries despite all efforts Understanding how FELA claims are filed and the different types of damages that can be recouped is essential for any railroad worker who has been injured A knowledgeable FELA lawyer can help you learn about the laws and file a claim The kinds of damages that can be recovered under FELA include the following pain and suffering medical expenses lost wages future loss of earnings and funeral expenses The law permits the compensation for these damages if the worker can prove that they were injured due to the negligence of an employer or in violation of federal safety regulations Contrary to workers compensation FELA law permits the recovery of damages based on comparative negligence rather than the benefit schedule prescribed by law Railroad workers who have been injured can also recover past and future medical costs This includes all medical expenses related to the injury including physical therapy medication and any necessary equipment required for a workers recovery This can be a substantial amount of money and is an important part of any FELA claim fela law firm differ by state but the FELA is a federal law that ensures uniform distribution of cases across the country Whatever the location where the claim is filed it will be heard by a court that has jurisdiction A railroad worker who has been injured and believes that they have a right to an FELA lawsuit should consult an experienced lawyer as fast as is possible The sooner you consult an attorney the better the chances are that your claim will be successful A railroads inhouse team will fight to prevent the worker from receiving a fair settlement It is important that the injured worker has an experienced and knowledgeable advocate on their side A knowledgeable FELA attorney can help ensure that the claim is properly filed and within the statute of limitations