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Federal Employers Liability Act FELA Railroads are an industry with a high risk that can result in serious injuries These injuries can be caused by train accidents or asbestosrelated illnesses like mesothelioma If youve been injured while working it is recommended that you seek legal assistance from an Tennessee FELA attorney FELA is a crucial law that permits employees to sue their employers for negligence Unlike state workers compensation laws FELA claims require proof of fault on the part of the employer FELA is a federal law FELA allows railroad workers to claim compensation for injuries they suffer during their work This law permits railroad employees who are injured to claim compensation from their employers for injuries that result from the negligence of the company Workers injured in accidents can recover damages for their future medical expenses pain and suffering and lost wages These cases are similar to those that are filed under the state laws governing workers compensation but with additional requirements They also involve unique rules and procedures that require the attention of a lawyer familiar with FELA litigation In general anyone working for railways is covered by the law This includes those who hold an ongoing job in interstate commerce such as engineers and conductors of trains brakemen signalmen and signalmen trainees fela lawyers covers employees who arent normally considered to be involved in interstate commerce This includes contractors and office workers To be eligible for a FELA claim the worker must demonstrate that their injury or illness was caused by the employers negligence Remember that the law doesnt necessarily imply that a railroad was negligent in all instances It must be proved that the employer violated their duty of care to the employee in a way such as by failing to provide adequate safety training or equipment or by allowing an unsafe work environment The law was enacted in the year 1908 It is based on tort principles that are widely used Although it is a federal law it has influenced the development of state tort law In addition to FELA states many states have their own workers compensation laws that cover those working in highrisk industries and jobs FELA claims can be filed by railroad employees who have been injured on the job irrespective of the place where the accident took place Families of railroad workers who have died may also file claims for wrongful deaths It is a strictliability law The Federal Employers Liability Act FELA is a strict liability law that allows railroad workers to bring claims against their employers for injuries caused by their negligence The FELA compensates injured workers and their families In addition it provides 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 its failure to provide safe working conditions The FELA also allows employees to sue for damages not covered by workers comp including suffering and pain If an employee is found to be guilty of contributing to the negligence the jury will reduce the award by an amount proportional to This is called assumption of risk It is a tort law The Federal Employers Liability Act FELA is a tort law that permits injured railroad workers to sue their employers for damages It is a specialization area of law that has its own rules and procedures A lawyer who is knowledgeable about FELA suits is required to assist you Unlike workers compensation laws which offer an amount of compensation regardless of fault by an employer FELA is a faultbased statute that requires proof that an employers negligence was the primary cause of the injury or death In 1908 Congress passed FELA in response to the high chance of railroad workers being injured while at work Workers compensation laws were already in force in a few states however they excluded employees who worked for interstate commerce The FELA addressed the exclusion of employees who are engaged in interstate commerce by allowing more flexibility to state tort liability laws and permitting injured railroaders to sue their employers for additional damages that arent covered by workers compensation Under FELA it is possible for a worker to seek compensation from hisher her employer if he or suffers injury or death as a result of the carriers negligence This includes negligence resulting from inability to maintain safe working conditions like defective equipment or tracks This includes failure to properly supervise and train workers It also includes violations of safety standards established by the Occupational Safety Health Administration or laws like the Locomotive Inspection Act or Railroad Safety Appliance Act The FELA also allows the possibility of recovering medical expenses and other compensation This is in addition to normal benefits of workers compensation The FELA allows compensation to be paid out to family members of a deceased worker In certain circumstances this could include the spouse and children of the deceased employee If you are a railroad employee who has been injured at work you must seek out an attorney who is familiar with FELA immediately Although the FELA provides up to 3 years from the date of your injury to file an action it is important to hire an attorney who can start gathering evidence as soon as possible This is because railroads begin collecting documents statements and witnesses as soon as it receives notification of your injury It is a law that is based on the concept of liability After half a century of insisting that they were more than mere industrial wage earners railroad workers finally gained recognition in 1908 through the passage of the Federal Employers Liability Act FELA The law which exempts railroad employees from the states workers compensation programs is designed to ensure financial security for injured workers Contrary to workers compensation statutes that provide compensation regardless of fault FELA is a liabilitybased law that requires evidence that railroad negligence was responsible for causing injuries Additionally it eliminates the doctrine of assumption of risk which had previously allowed workers to claim that they took on the risks of their job To qualify to receive FELA benefits a worker must meet the following conditions to provide a safe work environment This could mean training workers or examining their workplaces to look for dangers and unsafe conditions Employers are also required to maintain equipment and ensure it is in good condition If a workplace accident results in death the spouse and children will be paid compensation If the accident was not due to negligence a jury will decide the amount of damages at the end of an investigation