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Federal Employers Liability Act Railroad workers are not protected by the state workers compensation law however but rather by a set of federal law known as the Federal Employers Liability Act FELA allows railroad workers injured to sue their employers for damages To be able to win a lawsuit under the FELA you must prove that your injury was caused by negligence or the violation of a federal safety law such as the Power Brake Law or Safety Appliance Act Compensation for FELA The Federal Employers Liability Act offers compensation to workers injured at work Its a law based on fault that permits damages far above what is available under the standard workers compensation laws FELA claims are more complicated because they involve distinct rules and procedures Additionally FELA cases are generally filed in federal courts so attorneys need to be aware of both local state tort law and federal law when representing these clients Unlike workers comp laws which provide benefits regardless of fault FELA requires that the injured worker prove their employer was negligent for creating the accident The FELA is designed to stop railroad companies from trying to avoid responsibility for deaths and injuries caused through their negligence In the event of an injury caused by a railroad defect the FELA offers financial compensation in addition to any benefits received under the states workers compensation laws After an accident injured railroad workers must seek immediate medical attention This is not only crucial for their health but can aid in building a strong case if they suffer another injury They should also inform their employer of the injury as soon as they can Injured railroad workers are entitled to file an FELA claim without fear of retaliation It is illegal for railroad companies to discipline or fire employees who submit a FELA claim and it is also illegal for them to discriminate against employees based on the basis of their participation in legal proceedings relating to workplace accidents FELA cases may cover a variety of injuries ranging from catastrophic train crashes to repetitive stress injuries They can also involve workers who havent been severely injured but who suffer from cumulative trauma over the course of time Contrary to workers compensation FELA claims allow injured railroad workers to receive compensation for their suffering and pain in addition to their lost wages Fortunately knowledgeable FELA lawyers can help their clients receive the compensation they deserve FELA Benefits Every employer has a responsibility to keep their employees safe when performing workrelated tasks Businesses with high risk industries must adhere to higher standards of safety They must compensate workers who suffer injuries on the job more than businesses with lower risk To ensure that employees receive adequate compensation for injuries sustained in the workplace certain federal agencies have made laws that permit them to sue their employers in the case of an accident The Federal Employers Liability Act FELA is a prime example of this law It took effect in 1908 in response to the alarming amount of railroadrelated deaths occurring in the 19th and early 20th centuries FELA allows railroad employees to sue their employer in the event of an injury It also grants workers the right to receive financial compensation over traditional workers compensation claims Unlike workers compensation where an employee only needs to prove that they suffered a workplace injury FELA requires employees to prove that their injuries were directly related to their job activities This is especially important as some injuries may not be immediately apparent like an injury that is recurring such as carpal tunnel syndrome FELA protects employees from workplace retaliation as well as allowing them to seek damages FELA prohibits employers from taking retaliation against employees who submit complaints To protect their interests it is important that employees know their rights and seek the assistance of a FELA attorney When submitting the FELA claim injured workers should first seek medical treatment The injured worker should call an attorney to schedule an appointment to discuss their case An attorney can help injured workers determine what compensation they are entitled to and how to get the compensation they deserve FELA benefits include compensation for lost wages future loss of earnings along with pain and suffering disabilities disfigurement and emotional distress The compensation provided under FELA goes beyond paying medical expenses and lost wages This is why it is important for injured workers to get the help they need by collaborating with a seasoned FELA attorney FELA Statute FELA is federal law that grants railroad workers the right to seek compensation from their employer in the event of injury while at work In contrast to workers compensation which provide benefits regardless of the cause FELA claims are based on a negligence theory and establishes a higher threshold for the liability of employers This complex and unique set of rules creates FELA claims more complicated than other kinds of injuries that require employment It requires the expertise of a lawyer who is familiar with the statute The question of whether or not an employee is covered by FELA depends on the scope of their duties and whether the duties required them to be in interstate commerce In general anyone working for a railroad that transports passengers or freight across state lines is covered under the law This includes brakemen and conductors Additionally a railroad that operates within the confines of a single city but grants trackage rights to other companies who are involved in interstate commerce may still be covered by FELA A railroad company could be liable for the workers injuries under FELA if the injury resulted from the employers infraction of workplace laws such as the Locomotive Inspection Act Locomotive Inspection Act Railroad Safety Appliance Act Railroad Safety Appliance Act or Boiler Inspection Act To win a FELA case the injured worker must show that the railroad violated one or more of these laws and that this violation contributed to or caused their injury When an injured worker wins a FELA case they can get compensation for a variety of injuries and expenses These damages can include medical expenses and lost wages emotional distress and suffering and pain They can also be compensated for the loss of future earnings potential and aggravation to existing conditions fela claims railroad employees is subject to more strict safety regulations than other industries Injured railroad workers should seek legal representation from a seasoned FELA lawyer who can help them obtain maximum compensation for their losses Attorneys FELA Railroad switches and signals are essential safety devices that can prevent catastrophic and often deadly collisions between trains and vehicles If youve been injured because of a defective signal or switch or other negligence by your employers you may be entitled to compensation This is covered under the Federal Employers Liability Act FELA A reputable FELA attorney is wellversed in this specialized legal area and can help you fight for the financial compensation you require A FELA lawyer will review your case in depth to determine any negligence that led to the injury They will also provide an explanation of the legal procedure involved including filing lawsuits or negotiating an agreement With this information they will develop an appropriate legal strategy specifically tailored to your needs and takes into account the mistakes that were made If youre in search of an FELA lawyer look for one with a track record of success when representing clients who have FELA claims Review testimonials from past clients as well as peer endorsements and professional accolades to find out more about the attorneys experience You can also ask for a list of references from past clients Choose an attorney who has a license to practice law in your state They will have a better understanding of local laws and be more accessible for meetings inperson FELA actions differ from cases involving workers compensation in that they are based on fault and filed in federal courts This makes it more difficult to prove your claim In order to win a FELA case you have to prove that your employers negligence was directly responsible for your injuries To prove this you need to be familiar with tort law principles While the intricacies of FELA can be daunting but the right legal team will work diligently to ensure you get the compensation you deserve An experienced FELA lawyer will handle the intricate details of your case gather evidence negotiate with the railroad company and represent you in court if necessary Contact an FELA lawyer for a nocost consultation today The sooner you make contact the earlier it is that you will be able to get the funds you require to pay medical bills lost wages and suffering