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Federal Employers Liability Act FELA Railroads are a highlyrisk industry that can result in serious injuries These injuries can range from train accidents to asbestosrelated diseases like mesothelioma If youve been injured at work you should contact an Tennessee FELA lawyer FELA is an important law that allows workers to sue their employers for negligence Unlike state workers compensation laws FELA claims require proof of the employers fault FELA is a federal law FELA allows railroad workers to seek compensation for injuries they sustain while working This law allows injured railroad workers to file lawsuits against their employers for injuries resulting from the companys negligence Injured workers can receive compensation for past and future medical expenses pain and suffering and lost wages These cases are similar to those that are filed in state courts under the workers compensation laws but have additional requirements They also involve unique rules and procedures that require the attention of a lawyer familiar with FELA litigation Generally anyone who works for railways is covered by the law This includes all employees who have an ongoing job in interstate commerce for example train engineers and conductors brakemen switchmen engineer trainees signalmen and machinists However the law also applies to other employees who arent normally thought of as being involved in interstate commerce such as office workers and contractors In order to qualify for a FELA claim the worker must demonstrate that their illness or injury was caused by the employers negligence Be aware that the law doesnt necessarily imply that railroads are negligent in all situations It must be proved that the employer violated his duty of care towards the employee for example in failing to provide safety equipment or proper training or creating a hazardous work environment The law was first passed in the year 1908 It is based on tort principles which are common It is a federal law but it has influenced the state tort laws A number of states also have their own workers compensation laws that cover workers in highrisk industries and jobs Whatever the state in which an incident occurred the FELA claim can be filed by any current or retired railroad worker who has sustained an injury on the job 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 file claims against their employers for injuries resulting by their negligence The FELA compensates injured workers and their families This is in addition the benefits provided by workers insurance laws To be eligible for FELA benefits a worker has to prove that their injury was caused by railroad negligence or a failure to provide safe conditions of work The FELA also allows employees to sue for damages that are not covered by workers comp which includes pain and suffering If an employee is found to be guilty of contributing negligence the jury will reduce their award by a amount proportional to their negligence This is referred to as assumption of risk It is a tort laws The Federal Employers Liability Act FELA an act of tort permits railroad workers injured to sue for damages against their employers It is a specialized field of law with unique rules and procedures An attorney familiar with FELA suits is needed to assist you Unlike workers compensation laws which offer compensation regardless of fault by an employer FELA is a faultbased law that requires the proof that negligence by an employer was the direct cause of the death or injury In 1908 Congress passed the FELA to address the danger of accidents at work for railroad employees While states had already established workers insurance laws these laws excluded employees engaged in interstate commerce The FELA addressed this issue by allowing the state law on tort liability and allowing injured railroad workers to pursue their employers for additional damages that were not covered by workers compensation Under FELA the worker can seek compensation from his or her employer if he or she is injured or killed due to the negligence of the carrier This includes negligence that results from the failure to provide safe working conditions for employees such as unsafe equipment or tracks This includes failing to properly supervise and train workers It also includes violation of safety standards set by the Occupational Safety and Health Administration or laws like the Locomotive Inspection Act and Railroad Safety Appliance Act The FELA also provides for the reimbursement of medical expenses and other compensation This is in addition the regular workers compensation In the event of a workers death the FELA provides for the payment of compensation to family members In certain cases this may include the spouse and children of the deceased worker If you have been injured while working as railroad workers it is recommended that you consult an attorney who is knowledgeable about FELA as soon as possible The FELA allows you to file a lawsuit for up to three years after the date of your injury However it is essential to consult with an attorney to begin gathering evidence early This is because the railroad starts to gather statements documents records and witnesses when it receives notice of your injury It is a liabilitybased law After more than a halfcentury of trying to prove they were more than industrial wage earners in 1908 railroad workers finally gained recognition with the passage of Federal Employers Liability Act The law exempts railroad workers from state workers compensation and is intended to provide financial security for injured workers fela lawyers to workers compensation statutes which provide for compensation regardless of fault FELA is a liabilitybased law which requires evidence that the railroad was negligent in creating an injury It also eliminates the principle that allowed workers to claim that they were liable for the risks that came with their job To qualify for FELA benefits a worker must meet the following requirements Provide a safe and secure working environment This may involve training workers or examining their workplace to find potential hazards and unsafe conditions Employers should also maintain their facilities and make sure that equipment is operating properly If a workplace accident results in death the surviving spouse and children are compensated If the accident wasnt the result of negligence then the jury will determine the amount of damages at the conclusion of an investigation