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Federal Employers Liability Act FELA Rail workers are exposed to a variety of dangers when working This is among the reasons Congress approved the Federal Employers Liability Act FELA The law exempts employers from the states workers compensation laws The law also permits the determination of monetary compensation by juries based on the evidence of negligence in a comparative manner In contrast to the laws governing workers compensation FELA is a faultbased law In fela lawsuit settlements to be awarded damages plaintiffs must prove that their employer was negligent It is a federal law The Federal Employers Liability Act FELA passed in 1908 was the result of the large number of railroad accidents that occurred from the late 1800s until the early 1900s The law allows railroad workers who suffer injuries to pursue compensation The law also excludes railroad employees from state laws on workers compensation that would normally prevent them from suing employers FELA also allows for greater 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 smaller short line railroads which connect to these major railroads Unlike other tort laws FELA requires only an employee to prove that his or her injury was the result of the negligence of their employer not that it was the sole reason for the injury Additionally FELA eliminates contributory negligence and assumption of risk as defenses against recovery Despite the fact the railroad industry is known for its inherent dangers there are still many accidents and even deaths These injuries can result from a variety of reasons such as the failure of equipment negligence or inadequate safety standards It is essential to find an skilled FELA lawyer who will ensure that you receive the maximum amount of benefits FELA may cover traumatic injuries such as lacerations lacerations and joint injuries and smashed bones It also covers occupational illnesses like lung cancer hearing loss and asbestosis Furthermore it covers the aggravation of existing conditions like carpal tunnel syndrome and chronic obstructive respiratory disease The FELA is a crucial piece of legislation designed to protect railroad workers in the event they are injured on the job However this does not mean that its a substitute for workers insurance laws To be successful in a claim the claimant must demonstrate that the employer was negligent or reckless This negligence or carelessness has to have caused the injury or death This isnt an easy task however an experienced attorney can assist you with the procedure It is a law based on fault The Federal Employers Liability Act FELA allows railroad workers injured to make their employers accountable if they suffer injuries while on the job FELA differs from workers compensation laws in that it requires workers to prove that their employers negligence and that negligence caused the injury It is difficult to obtain FELA benefits without an experienced FELA attorney FELA was passed in 1908 to compensate railroad workers who were injured on the job It also requires that employers abide by safety regulations The law is applicable to railway companies engaged in interstate or foreign commerce FELA cases can be filed in state courts by injured workers but typically they are filed in federal courts In a FELA suit an employee could be awarded damages for pain suffering lost wages and medical expenses They may also seek damages for permanent impairment A factfinder determines the amount of a monetary compensation award which is usually a jury The jury will also take into consideration theories of comparative fault as well as the assumption of risk Under FELA an employee doesnt need to prove that the railroads negligence caused their injury Another significant aspect of FELA is that it is applicable to any injury sustained in the course of work This includes injuries sustained at work as well as exposure to toxic substances or other workplacerelated dangers This is a key difference from workers compensation which only pays out for onthejob injuries that directly result from the actions of an employer There are additional laws that impact railroad workers There are also laws governing the Locomotive Inspection Act the Safety Appliance Act and rules governing tracks train equipment and rail yards A FELA attorney can help injured workers determine whether their injuries resulted from a breach of a law or regulation If a worker is partially accountable for an illness or injury the amount of compensation they receive will be reduced It is important that injured workers seek advice of an FELA attorney who has expertise in this field It is a preemption law Employers across all industries are responsible for the safety of their employees Certain jobs and industries may be more dangerous for workers than others For this reason those working in highrisk industries are required to adhere to a higher standard of behavior In fact some jobs are so hazardous that they require special training and strict safety guidelines This is the reason why the Federal Employers Liability Act FELA 45 USC 51 was passed in 1908 To bring a claim an injured railroad worker must prove that their employer erred in their obligation to ensure a safe working environment and the injury resulted from this negligence This is different from state workers compensation laws that allow injured workers to seek compensation for injuries without having to prove negligence Contrary to workers compensation FELA requires a plaintiff to prove that the railroads negligence caused their injuries A jury can also decide to award damages that are greater than the state workers compensation laws It is not always obvious whether a claim made by an employee who has been injured falls under FELA This decision will be decided by a court at the beginning of the case FELA allows injured employees to sue employers for negligence even if the company was not the cause of their injuries It also exempts railway workers from state laws on workers compensation that would otherwise prevent the possibility of suing employers A lawsuit filed under FELA may be filed in either local or federal courts However most FELA cases are filed in federal court Whatever the location where the case is filed the law requires that railroad employees who are injured must be represented by a skilled attorney The Lanier Law Firm has a longstanding tradition of fighting for the rights of railroad workers injured This is why we have extensive experience in handling FELA claims It is crucial that an injured railroad worker has a seasoned lawyer on their side since the FELA is a law that is based on the fault of the injured This will ensure that they get the amount of compensation they are entitled to Moreover an experienced lawyer will know the best strategies to employ in these types of cases It is a statute of limitations The Federal Employers Liability Act FELA provides railroad workers with legal grounds to file lawsuits against their employers The Federal Employers Liability Act FELA exempts railroad employees from the state workers compensation law which would otherwise prevent them from suing It is important for railroad workers injured to know the time limit for FELA claims to ensure they dont be late in filing their claims The FELA statute of limitations is three years from the day the cause of action first arose It is crucial to be aware of this deadline as if you do not file your lawsuit within the threeyear window youll lose your right to receive compensation This deadline applies to railroadrelated injuries and deaths Certain circumstances could make the statute of limitations more complicated For instance certain illnesses take a long time to be recognized If youre exposed hazardous substances such as creosote or asbestos that slowly impair your body over time you might not become sick until a long time later In this instance you are subject to a time limit that starts when you start experiencing symptoms and know or should know your job as a railway worker is responsible for your illness It is a good idea to get an experienced lawyer as early as you can when you are involved in a FELArelated accident An attorney can help you determine who is responsible and what evidence youll require to support your claim He can also begin to examine the scene by taking photographs or talking to witnesses as well as looking over equipment or tools for any potential hazards that could have contributed to your injuries You can avoid missing the FELA deadline by retaining an attorney immediately He will gather all the necessary evidence to prove your claim and ensure you receive compensation for the injuries you sustained He can also help you complete the complicated paperwork needed to file a FELA suit It can be dangerous and stressful to try to manage your claim on your own especially if the accident or loss is still fresh in your mind