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Federal Employers Liability Act FELA Railroad workers face many dangers working in the field This is among the reasons Congress approved the Federal Employers Liability Act FELA The law shields employers from the states workers compensation laws It also allows monetary payouts that are determined by juries based on the comparative negligence In contrast to workers compensation laws FELA is a law based on fault In order to be awarded damages plaintiffs must prove that their employers negligence caused the injury It is a federal statute The Federal Employers Liability Act FELA passed in 1908 was a result of the numerous railroad accidents that occurred in the late 1800s to early 1900s The law allows railroad workers who are injured to sue for compensation The law also exempts railroad employees from state laws regarding workers compensation that would normally prevent them from suing employers FELA also allows for greater damages than those provided by the laws governing workers compensation railroad injury fela lawyer that conduct interstate commerce are subject to the law This includes major Class I Class II and Class III railroads as in smaller short line railroads that connect to these major railways Contrary to other tort laws FELA requires an employee to prove that his or her injury was the result of the negligence of his employer not that it was the sole cause Additionally FELA eliminates contributory negligence and assumption of risk as defenses to the claim Despite the fact that the railroad industry is wellknown for its inherent dangers there are still numerous injuries and even deaths that happen These accidents can be caused by many reasons such as equipment failures negligence and inadequate safety standards It is important to hire an skilled FELA lawyer who will ensure you get the most of benefits FELA can cover traumatic injuries that result from traumatic injuries like lacerations lacerations and joint sprains and smashed bones It also covers occupational illnesses such as lung cancer hearing loss and asbestosis It also covers the aggravation of preexisting conditions such as carpal tunnel syndrome chronic obstructive lung disease and hearing loss The FELA is an important piece of legislation designed to protect railroad workers in the event of being injured while on the job However this does not mean that it is an alternative to workers compensation laws To be successful in a claim the employee has to prove that the employer was negligent or reckless This carelessness or negligence must have led to the injury or death It can be difficult to prove negligence however an attorney can assist It is a faultbased law The Federal Employers Liability Act FELA allows injured railroad workers to claim their employers liability if they suffer injuries on the job FELA differs from workers compensation laws in that it requires employees to prove their employer was negligent and that negligence caused the injury It is difficult to obtain FELA benefits without a seasoned FELA attorney FELA was passed in 1908 to provide compensation to railroad workers who had been injured in the course of work It also requires employers to comply with safety regulations The law is applicable to railway companies that are involved in interstate or international commerce FELA cases can be filed in state courts by injured workers however they are usually filed in federal courts In a FELA lawsuit an employee is entitled to damages for pain and suffering as well as lost wages medical expenses and permanent impairment The amount of the award is determined by a factfinder which is typically a jury The jury will also take into consideration theories of comparative fault and assumption of risk Under FELA the employee is not required to show that the railroads negligence was the sole reason for their injury Another crucial aspect of FELA is that it covers any injury that occurs in the course of work This includes injuries sustained on the job as well exposure to toxic substances or other workplacerelated risks This is a significant distinction from workers compensation which will pay for injuries that are directly linked to an employer There are other laws that impact railroad workers They include the Locomotive Inspection Act and the Safety Appliance Act as along with rules for work schedules train equipment tracks and rail yards A FELA lawyer can assist injured workers determine whether their injuries resulted from a breach of a regulation or law If a worker is partly accountable for an injury or illness the amount they receive will be reduced This is why its so important for injured workers to seek the counsel of a seasoned FELA attorney It is a preemption law Employers are all accountable for the safety of their employees Certain occupations and industries could present greater risk to workers than others Those in highrisk fields are expected to adhere to higher standards of behavior In fact some jobs are so dangerous that they require special training and strict safety guidelines The Federal Employers Liability Act 45 USC 51 was passed in 1908 In order to file a claim a injured railroad worker must demonstrate that their employer did not fulfill their duty to provide a safe workplace and the injury was caused by this failure This is different from the state laws on workers compensation that allow injured workers to seek compensation for injuries without having to prove negligence In contrast to workers compensation FELA requires that the plaintiff prove that railroad negligence was a direct reason for their injury A jury can also make a decision that is higher than the state workers compensation laws If an injured workers claim is covered under FELA is not always clear since this is a decision made by an arbitrator at the beginning of the case However FELA does allow injured employees to sue their employers for negligence even if the employer is not accountable for the injuries It also exempts railroad employees from state workers compensation laws that would otherwise prohibit the possibility of suing their employers A lawsuit filed under FELA can be filed either in federal or local court However most FELA cases are filed in federal courts No matter where the lawsuit is filed railroad workers who have been injured must be represented in court by a seasoned lawyer The Lanier Law Firm is a firm that has been fighting for injured railroad workers rights for many years This is why we have a vast experience dealing with FELA claims The FELA is a faultbased law so it is important that railroad workers who have been injured to have an experienced lawyer by their side It will ensure they receive the compensation that they are entitled to Furthermore a knowledgeable lawyer will know the best strategies to employ in these types of cases It is a statute The Federal Employers Liability Act provides railroad workers with a legal basis for filing lawsuits against their employers The law also exempts railroad employees from state laws on workers compensation which would otherwise prohibit them from filing suit Injured railroad workers should be aware of the statute of limitations on FELA claims to avoid missing the deadline The FELA statute of limitations is three years from the time the cause of action arose This deadline is crucial since if your lawsuit isnt filed within three years you forfeit the right to compensation This time limit applies to deaths and injuries that result from railroad work Certain circumstances could make the statute of limitations more complex Certain illnesses may take a long time to develop If youre exposed to hazardous substances such as creosote or asbestos that slowly poison your body over time you might not get sick until years later In this instance the statute of limitations starts when you begin to experience symptoms and you know or know that your job as a railroad worker is to be blamed for your illness It is a good idea to get an experienced lawyer as soon as you can if youre involved in an accident involving FELA A lawyer can help determine who is at fault and what evidence you will require to prove your claim He can also begin examining the scene by taking photos talking to witnesses and checking equipment or tools for potential hazards which may have contributed to your injuries You can avoid missing the FELA deadline by retaining a lawyer as soon as you can He will collect all the evidence you need to prove your claim and ensure that your injuries are compensated In addition he can assist you with completing the complicated forms required to file a FELA lawsuit It is risky and stressful to to tackle your claim on your own especially if the injury or loss is still fresh in your mind