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Federal Employers Liability Act FELA The railroad industry is a highrisk work environment that can cause serious injuries These injuries can range from accidents on trains to asbestosrelated diseases such as mesothelioma If youve been injured at work it is recommended to seek out an Tennessee FELA lawyer FELA is a crucial law that allows workers to sue their employers for negligence In contrast to the states laws on workers compensation FELA claims require proof of employer fault FELA is a federal law If a railroad worker is injured an injury while working and suffers an injury they can claim compensation under FELA This law permits railroad workers who have been injured to claim compensation from their employers for injuries resulting from the companys negligence Injured workers can claim reimbursement for past and future medical expenses as in addition to suffering and loss of wages These cases are similar to cases filed in state courts under workers compensation laws but have additional requirements fela lawsuit settlements have their own rules and procedures that require the attention of a lawyer familiar with FELA litigation Anyone who works for a railway is generally covered by law This includes those who have an ongoing work assignment in interstate commerce such as conductors and train engineers brakemen switchmen engineer trainees signalmen and machinists The law also applies to employees who arent typically considered to be involved in interstate commerce This includes contractors and office workers To qualify to file a FELA lawsuit a person must prove that their employers negligence caused their injury or illness It is important to keep in mind that the law doesnt necessarily imply that the railroad was negligent in every case It must be proved that the employer breached their obligation of care towards the employee in any way for example by failing to provide adequate safety training or equipment or permitting a hazardous working environment The law is built on common tort principles and was originally enacted in 1908 It is a federal law but it has also influenced the state tort laws In addition to FELA states many states have their own workers insurance laws that cover workers in highrisk sectors and jobs FELA claims can be filed by railroad employees who are injured on the job regardless of where the accident occurred The families of railroad workers who have died can pursue the wrongful death claim well It is a strict liability law The Federal Employers Liability Act FELA is a strict liability law that allows railroad workers to bring claims against their employers for injuries resulting by their negligence The FELA compensates injured workers and their families This is in addition to the benefits offered by state workers comp laws To be eligible for FELA benefits the worker must prove that their injury was caused by railroad negligence or the failure to provide safe conditions for work The FELA also permits employees to sue for damages that are not covered by workers comp including suffering and pain If an employee is found guilty of contributing to the negligence the jury will reduce the amount awarded by a proportional amount This is known as assumption of risk It is a tort law The Federal Employers Liability Act FELA is a tort law that allows injured railroad workers to sue their employers for damages It is a distinct area of law with unique rules and procedures An attorney familiar with FELA suits is required to assist you Unlike workers comp laws that compensate regardless of the fault of the employer FELA requires proof that the employers negligence caused the accident or death In 1908 Congress passed the FELA to address the danger of accidents at work for railroad employees While individual states had already begun to establish workers compensation laws these laws did not cover workers involved in interstate commerce The FELA addressed this issue by liberalizing the state law on tort liability and allowing railroad workers injured to pursue their employers for additional damages not available through workers compensation A worker may seek compensation under FELA when he suffers injury or killed by the negligence of a driver This includes negligence caused by a failure to maintain safe conditions for workers such as unsafe equipment or tracks It also includes failure to properly train workers and supervise them properly It also entails violations of safety standards set by the Occupational Safety and Health Administration or other laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also provides for reimbursement of medical expenses as well as other compensation This is in addition to regular workers compensation In the case of a workers death the FELA allows for the payment of compensation to the workers family members In certain situations the FELA may cover the spouse and children If you are a railroad worker who has suffered an injury at work it is important to contact an attorney familiar with FELA immediately While FELA allows up to 3 years from the date of your injury to bring a lawsuit it is crucial to find an attorney who can start gathering evidence as soon as possible The railroad will begin collecting statements documents records and witnesses as soon it receives notification of your injury It is a law based on the concept of liability After half a century of insisting that they were more than industrial wage earners railroad workers finally received recognition in 1908 with the passage of the Federal Employers Liability Act FELA The law which exempts railroad employees from the states workers compensation programs was designed to provide financial security for injured workers Unlike workers comp statutes that provide compensation regardless of fault FELA is a liabilitybased law that requires proof that the railroad was negligent in causing injuries Additionally it eliminates the doctrine of assumption of risk which had previously allowed employees to claim that they took on the risks associated with their work In order to qualify for FELA benefits the worker must satisfy the following requirements Providing a safe work environment This may involve training workers or inspecting their workplace to identify potential hazards and unsafe conditions Employers should also maintain their facilities and ensure that equipment is working properly If an accident at work causes death the spouse and children will be compensated If the accident wasnt the result of negligence a jury will determine the amount of damages awarded at the end of the trial