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Federal Employers Liability Act FELA Railroads are an industry with a high risk that can cause serious injuries These injuries can be caused by train accidents or asbestosrelated diseases like mesothelioma If you have been injured at work it is recommended to consult a Tennessee FELA lawyer FELA is an act that permits those who have suffered injuries from their employer to sue for negligence In contrast to state workers compensation laws FELA requires proof of employer negligence FELA is a federal law When a railway worker suffers an injury on the job and is injured they may be able to seek compensation under FELA This law permits railroad workers who are injured to sue their employers for injuries resulting from the negligence of the company Injured workers can receive compensation for past and future medical expenses pain and suffering and lost wages These cases are similar to those filed under the state laws governing workers compensation but with additional requirements These cases also have special rules and procedures which require the attention of an attorney with experience in FELA litigation Anyone who works for a railroad is generally covered by law This includes those who have an ongoing job in interstate commerce for example conductors and train engineers brakemen switchmen signalmen engineers and machinists The law also covers employees who arent usually thought of as being involved in interstate commerce This includes office workers and contractors To be eligible for a FELA lawsuit the worker must prove that their negligence of their employer caused their injury or illness Remember that the law doesnt necessarily imply that railroads are negligent in all instances It must be proved that the employer breached their duty of care to the employee in a way such as by not providing adequate training or safety equipment or creating a dangerous working environment The law was first passed in 1908 It is based on tort laws which are common Although it is a federal law it has influenced the development of state tort laws In addition to FELA and other states a lot of states have their own worker compensation laws that protect those working in highrisk industries and jobs No matter the state where an accident took place and a 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 may also file claims for wrongful deaths It is a strict liability law The Federal Employers Liability Act is a strict liability law which allows railroad employees to sue their employers for injuries caused by their negligence The FELA offers compensation to injured workers and their families This is in addition to the benefits offered by workers law on compensation In order to be eligible for FELA a worker must prove that the injury was the result of railroads negligence or inability to provide safe working conditions The FELA allows employees to sue to recover damages that are not covered by workers compensation such as pain and suffering If an employee is found guilty of contributing negligence the jury will reduce the award by an amount proportional to the amount This is referred to as assumption of risk It is a tort law The Federal Employers Liability Act FELA which is a tort law permits railroad workers who have been injured to sue for damages against their employers fela law firm is a specialization area of law that has unique rules and procedures An attorney who is familiar with FELA suits is needed to assist you In contrast to workers compensation laws which offer compensation regardless of fault by employers FELA is a faultbased law that requires evidence that the negligence of an employer was a direct cause of the injury or death In 1908 Congress passed the FELA to address the danger of accidents at work for railroad workers While states had already started establishing workers compensation laws these laws did not cover employees engaged in interstate commerce The FELA addressed this issue by liberalizing the state law of tort liability and allowing injured railroad workers to pursue their employers for additional damages not available through workers compensation A worker may seek compensation under FELA if he is injured or killed due to the negligence of a driver This includes negligence resulting from inability to maintain safe working conditions for example inadequate tracks or equipment It also includes the failure to train workers properly and supervise them properly Also it is a violation of safety standards established by the Occupational Safety and Health Administration or other laws such as Locomotive Inspection Act or Railroad Safety Appliance Act The FELA also allows the reimbursement of medical expenses and other compensation This is in addition to normal workers compensation The FELA allows for compensation to be paid out to family members of the deceased worker In certain situations the FELA could protect the spouse and children If youve been injured while working as railway workers and you are injured you should speak with an attorney who is familiar with FELA immediately While FELA gives you up to three years from the date of your injury to pursue an action it is crucial to find an attorney who is able to begin collecting evidence as soon as possible The railroad will begin to collect statements and records documents and witnesses as soon it is notified of your injury It is a liabilitybased law After a halfcentury of arguing that they were more than mere industrial wage earners railroad employees finally gained recognition in 1908 through the passing of the Federal Employers Liability Act FELA The law which excludes railroad employees from the states workers compensation programs was crafted to ensure financial security for injured workers In contrast to the statutes for workers compensation that provide compensation regardless of fault FELA is a liabilitybased law that requires proof that railroad negligence was responsible for the causing of injuries In addition it eliminates the doctrine of assumption of risk which previously allowed employees to claim that they took on the risks of their job In order to qualify to receive FELA benefits the worker must satisfy the following requirements providing a safe work environment This may involve training workers or examining their workplace to identify dangers and unsafe conditions Employers are also required to maintain equipment and ensure it is in good condition In the event of an workplace accident that leads to death surviving spouses and children will be awarded compensation If the accident was not due to negligence a jury will determine the amount of damages awarded at the end of the trial