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Federal Employers Liability Act

The federal employees liability act (FELA) allows injured railroad employees to sue their employers. Unlike workmen's compensation laws, which award payouts regardless the fault of the railroad, FELA requires plaintiffs to show that negligence by the railroad caused their injuries.

Families of railroad workers who suffered fatal occupational illnesses or accidents on the job, such as mesothelioma can also claim FELA claims. A knowledgeable FELA attorney will have extensive experience handling these cases.

Statute of Limitations

In 1908, the Federal Employers Liability (FELA) Act was created to provide compensation and protection for railroad employees. The law defines the essential obligations and responsibilities for a railroad and outlines what negligence can cause injuries and damage to employees. The law also sets a time limit within which an employee must bring a lawsuit in order to claim compensation.

In FELA cases, unlike workers' compensation claims the injured worker must prove that their employer was at fault in the occurrence of their injury. This is called the causation requirement. The United States Supreme Court interpreted this to mean that the railroader’s negligence must "play any part even if small, in causing the damage for which damages are sought."

If an employee can prove that their employer was negligent in providing the proper safety equipment, training, or other protective measures, or if they breached workplace laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act, it will be easier to build an argument of negligence.

The law also blocks employers from relying on defenses such as the assumption of risk and employee negligence, resulting in a more favorable legal framework for railroad workers injured. It is important to prove a solid case of injury prior to making a claim. This involves interviewing witnesses, coworkers, and ensuring that an expert medical professional has examined any injuries or illnesses. Also, it is important to take photos of the area or scene as well as taking photos and inspecting or photographing any equipment or tool that might have caused an accident.

Another reason why it is essential to consult an experienced FELA attorney right away following an injury is the fact that there is a strict time limit within which a lawsuit must be filed. In FELA cases, this is three years from the date when an individual knew or should have known that their injury or illness was caused by work.

Failure to make a claim within a reasonable amount of time can result in devastating financial and personal consequences for a railroad worker who has suffered injury. This is especially true if an injury results in permanent disability. It could also adversely impact any future plans to retrain or a new career.

Occupational Diseases

Many different sectors and jobs are prone to cause occupational illnesses. These diseases may be caused by the nature of your work or a combination. Research in epidemiology and medical research have made it easier to establish the link between specific illnesses and certain industries or occupations. For instance asbestos and mesothelioma have been typically associated with certain jobs and industries.

FELA laws provide railroad employees the right to hold their employers responsible for any injuries or illnesses caused by their work. It is similar to workers' compensation, but it offers more benefits and requires proof that the injury or illness or a violation of a law, regulation, or policy was the cause. Partnering with a dedicated FELA attorney can help ensure that you receive the maximum amount of compensation possible.

FELA provides more protections than workers' comp however, it also has its own rules and regulations. FELA allows for comparative fault, meaning that you are still entitled to compensation even in the event that you're partly responsible for the accident or illness.

The FELA statute of limitations is three years in the event of on-the-job accidents or deaths. For mesothelioma as well as other diseases, the clock begins either the day you received your diagnosis or the day your symptoms became incapacitating.

It is important to partner with a FELA lawyer who is experienced in FELA cases. A FELA claim requires extensive documentation and testimony from experts in the field of health and safety. They can assist you in building a strong case and gather the necessary documents to receive the compensation you are entitled to. They can also assist you to determine whether you were more or less than 50 percent responsible for the accident or exposure to toxic substances. This can impact your settlement or trial award. If you are found to be more than 50% responsible for an incident or injury the amount of your settlement or award may be reduced in proportion. More than a century of FELA litigation has forced railroad companies to continuously adopt and deploy safer equipment and working practices. Despite these improvements, trains, tracks and rail yards are among the most dangerous workplaces in the United States.

Repetitive Trauma Injuries

Workplace injuries are often caused by workers perform the same physical activity repeatedly. These actions can include sewing, typing, assembly line work, playing music, driving and much more. These repetitive actions can result in injuries that are so slow to heal that the person may not even realize that they have suffered an injury until it is too late to initiate legal action.

Although many people think of workplace injuries as just one event, such as being injured in a slip and fall or getting sick from exposure to toxic chemicals, the truth is that thousands of repetitive movements over time can cause significant injury and disability. These types of injuries are known as cumulative trauma, or repetitive stress injuries. They can be just as debilitating as a sudden, traumatic injury.

The Federal Employers' Liability Act (FELA 45 U.S.C. 51) allows workers who work in high-risk sectors, such as those covered by workers' compensation and can sue their employers for damages not covered by workers' compensation. FELA cases differ from traditional workers' compensation claims and require evidence specific to the negligence of the employer. Moreover the process of filing an FELA claim is governed by strict guidelines that must be followed by attorneys experienced in these cases.

Nearly any worker working for a railroad that is involved in interstate commerce could be qualified to submit an fela attorneys claim, including temporary and clerical employees as well as contractors. Those who are automatically covered by FELA include conductors, engineers, brakemen and machinists, but the law also covers trainmen, office workers signalmen, trainmen and everyone else who is exposed to railroad equipment products or services.

Get in touch with a FELA lawyer as soon as you can after an accident. The railroad begins gathering statements, reenacting the incident and collecting documents and records once it has learned about the incident, and an attorney adept at these tactics will be able to swiftly uncover and preserve relevant information. This is particularly important because the evidence is likely to fade over time. Hiring an attorney early also ensures that the evidence will be accessible when it is needed for trial.

Unintentional exposure to harmful substances

Every business has a responsibility to protect their employees and customers. Certain industries and occupations are more dangerous than others. In these high-risk industries and jobs employers must adhere to even more stringent safety standards. Some states have laws to protect workers in their particular field, such as the Federal Employers Liability Act, code 45 U.S.C. 51).

For more than a century, FELA litigation has led to safer equipment and better work procedures in trains, rail yards, and machine shops. Despite these advancements trains are still unsafe places to work.

Many FELA cases are the result of toxic exposures such as asbestos, diesel fumes and silica dust. Other harmful substances include chemical solvents and herbicides like Roundup. These exposures have been associated with serious health issues such as mesothelioma, pulmonary fibrosis and lung cancer. When major railroads KNEW of the dangers associated with these exposures, yet did not warn or protect their employees, this could be considered negligence and lead to substantial FELA damage.

Unlike workers' comp claims, FELA actions are based on fault and filed in federal courts. Researchers should be familiarized with tort law principles and state tort laws that may apply to tort claims added to a FELA case.