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Federal Employers Liability Act In 1908 Congress passed the Federal Employers Liability Act FELA which was a law that aimed to protect railroad workers from harm and death FELA changed the law of common law by permitting injured workers to claim damages even when their employer was not negligent It also permits the claimant to file a claim without the fear of losing their job or employer retaliation Compensations under FELA can cover a wide range of things such as past and future medical expenses loss of wages and pain and suffering and emotional anxiety Employers are accountable for providing a safe and secure working environment An employer is required to provide a safe working environment If they fail in this obligation they could be held accountable for any losses or injuries that may occur They are also required to ensure that their employees are properly trained and to inspect their workplace for any dangers or unsafe conditions They also have a duty to provide their employees with appropriate safety equipment and tools If a railroad worker is injured they can file a claim for compensation against the employer under the Federal Employers Liability Act Congress approved FELA in 1908 to address high accident rates in the rail industry and promote uniform rules for railroad equipment and practices It is the only recourse that is available for the majority of claims filed against a railroad company and can be brought in a federal or state court It covers any injury or loss that results from working for a railroad and includes both traumatic injuries as well as toxic exposures fela claims railroad employees reasonably secure is defined as a condition that is unlikely to cause serious harm to the worker What is considered to be a reasonable safety is contingent on the specific circumstances of the case To be held responsible an employer must have known or should have realized that the work environment was unsafe and failed to rectify the situation Rail employees who are injured may be awarded a variety of damages that include medical expenses and lost wages The law also allows punitive damages for the companys negligence The law applies to all railroad employers who engage in interstate commerce and their employees This includes conductors engineers brakemen and firemen yardmasters machinists bridge and building workers sheet metal workers and pipefitters The law allows compensation for not just traumatic injuries but also for occupationalrelated diseases such as mesothelioma and lung cancer It also covers preexisting ailments that are aggravated such as hearing loss and asthma To be eligible for a FELA lawsuit the plaintiff must show that their loss or injury is due to an employers action and that they are not the sole cause of the harm Additionally the employee must prove that the injury occurred in the course of work and that they were not an independent contractor Employers are required to train employees FELA also known as the Federal Employers Liability Act was passed in 1908 It allowed railroad workers injured on the job to sue their employers Unlike state workers compensation laws FELA allows for monetary damages to be awarded for pain and suffering FELA claims also allow for damages that are much higher than those imposed by state workers compensation laws The law also requires railroads to provide their employees with safe working conditions and appropriate training The law also requires that the workplace be inspected for potential safety hazards It is essential to be aware of this obligation Failure to comply may result in penalties The law also imposes a specific duty to train new employees and ensure that all employees have adequate knowledge of the safety procedures for the company The FELA was passed to compensate injured railroad workers and their families It also serves as a basis for lawsuits brought against railroad companies their servants agents and employees Furthermore FELA exempts railroad workers from state workers compensation laws which normally prohibit injured railroad employees from suing their employer In order to be successful in a FELA claim the plaintiff must demonstrate common law negligence or that the railroad acted in an utterly negligent way In addition to the previously mentioned duties FELA requires railroads to establish a safety program that follows rules and standards This includes the establishment of a mandatory safety board which must be constituted by the railway carrier a comprehensive employee training program and regular safety inspections of equipment The FELA also prohibits certain defenses including the assumption of risk or contributory negligence Despite these obligations the vast majority railroad accidents are caused because of worker error Additionally a lot of the injuries sustained by railroad workers are preventable Therefore it is critical to seek advice from an experienced attorney if youve been injured while working for a railroad This LibGuide is designed to serve as a study supplement for Villanova Law School students and does not constitute legal advice Employers are required by law to inspect the workplace Railroad employers in Virginia as well as across the nation are also subject to additional obligations under the Federal Employers Liability Act They must inspect their work areas for hazardous conditions and then repair them or warn workers about them They are also required to provide workers with the tools and equipment needed to do their job safely FELA is a law that compensates railroad workers who suffer injuries while on the job It was passed in 1908 and it allows injured workers to sue their employer for damages such as medical bills lost wages and pain and suffering Contrary to the laws governing workers compensation however the FELA requires injured railers to prove that their injury was caused by the negligence of their employer Railroad workers are exposed to dangerous substances like silica dust and welding fumes These chemicals have been linked to a variety of serious health problems including mesothelioma and lung cancer Railroad companies KNEW the dangers of these substances and could lead to health problems However they did not safeguard their employees If youve been injured by a railroad worker its crucial to consult an attorney with experience in handling FELA cases In addition to the specific requirements of FELA there are also specific rules and procedures to be followed to get the most money for your injuries Contact a FELA attorney as soon as you can to safeguard your rights Employers have a duty to provide medical treatment A workers injury at work can be devastating both emotionally and physically In some cases injuries may be lifethreatening or fatal In these instances workers can sue their employers for costs for medical treatment and lost wages However there are some exceptions to this rule Employers in highrisk sectors such as railroads are subject to stricter safety regulations These employees are also covered by the Federal Employers Liability Act or FELA Unlike workers compensation FELA claims are faultbased FELA is a law that was passed by Congress in 1908 It deals with the liability that rail carriers have towards their employees in the event of industrial accidents The law eliminated a number of defenses that are available to a common law employer such as the assumption of risk by employees or contributory negligence The law also allows juries to decide monetary awards based on comparative fault which is different from the benefit schedule that is predetermined in workers compensation It is applicable to anyone who is employed by a railroad company that operates trains or handles freight in interstate commerce This includes temporary workers contractors and office workers FELA protects spouses of workers who are killed on the job It also covers anyone who suffers an injury at work This includes injuries that are traumatic like broken bones pulled muscles joints joint sprains and abrasions The injuries caused by repetitive motions and occupational illnesses such as asbestosis are also covered An experienced FELA lawyer can assist you in filing a claim for damages They can help you collect the evidence needed to support your claim including extensive medical records They can also assist you in negotiations with the insurance company to negotiate an acceptable settlement FELA claims resulting from death or injury due to an accident are subject to an expiration date of three years This clock starts on the date of the accident or date of the discovery of the disease For occupational diseases such mesothelioma or cancer the statute can start at the date of diagnosis It is crucial that injured railroad workers submit a written report of the incident or accident even though FELA doesnt require it This will help them get the best medical care possible and will give them a better picture of their injury It is crucial to take photographs of any visible injuries before they heal Taking these precautions will make it easier to prove the case for an FELA claim