Federal Employers Liability Act
The federal employees liability law (FELA) allows railroad workers who have been injured to sue their employers. Unlike workmen's compensation laws, which award payouts regardless the cause of the accident, FELA requires plaintiffs to prove that the railroad's negligence caused their injuries.
Families of railroad workers who have passed away from 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 adopted to provide protection and compensation for railroad employees. The law defines the essential duties and responsibilities of a railroad and outlines what negligence can cause injuries and
AccidentInjuryLawyers damage to employees. The law also sets a time limit within which an employee has to make a claim for compensation.
In FELA claims in contrast to workers' compensation, the injured worker has to prove that the employer was responsible for causing his injury. This is called the causation requirement. The United States Supreme Court interpreted this to mean that the railroader’s negligence should play a role even if it's minor, in causing the injury which damages are sought."
It is easier for an employee to prove their guilt if they can show their employer was negligent for not providing safety equipment and training, as well as other security measures or if the business has violated workplace regulations such as the Locomotive Inspection Act or Railroad Safety Appliance Act.
The law also prohibits employers from using defenses such as assumption of risk or fellow employees' negligence, which results in an easier legal process for railroad workers injured. This is why it is crucial to create a solid case for injury prior to filing a lawsuit. This includes the assurance that medical professionals have reviewed the injury or illness and taken photographs of the incident and the surrounding area, speaking with witnesses and coworkers, as well as inspecting and photographing equipment or tools that could have been the cause of an accident.
A FELA attorney is also necessary to contact immediately following an accident since there is a time limit within which a lawsuit can be filed. In FELA claims the deadline is three years after the date that the person should have realized or knew their injury or illness could be a result of work.
Failure to submit a lawsuit within a reasonable timeframe can have devastating financial and personal consequences for railroad workers who have suffered injury. This is especially true if an injury causes permanent disability. It could also have a negative effect on any future retraining or career plans.
Occupational Diseases
Occupational diseases can occur in a variety of industries and occupations. These diseases may be caused by the nature of your job or by a combination of both. Research in epidemiology and medical research have helped to establish the connection between certain diseases and certain professions or industries. For instance, asbestos and mesothelioma are frequently associated with specific jobs and industries.
FELA laws allow railroad workers to make their employers accountable for injuries and illnesses that occur due to the nature of their work. It is similar to workers' compensation, however it has more benefits and requires proof that the injury, illness or violation of law, regulation, or policy caused it. A committed FELA lawyer can assist you to obtain the maximum amount of compensation.
While FELA provides more protections than workers' compensation but it also has unique rules and requirements. FELA allows for comparative fault, which means you are still entitled to compensation even when you're partially responsible for your accident or illness.
The FELA statute of limitations is three years for work-related injury or death claims. For mesothelioma or another illness claim, the clock begins either on the day that you received a diagnosis or on the day when your symptoms began to be incapacitating.
A FELA case requires an extensive amount of documentation and testimony from health and safety experts, so it is important to partner with an experienced FELA lawyer. They can assist you with gathering the right documentation and build a strong case for the compensation you deserve. They can also help you determine if you were more than 50 percent at fault for the accident or exposure to toxic materials. This could impact the amount you receive in settlement or trial. If you are found to be more than 50% responsible for an incident or injury, your settlement or award will be reduced in proportion. In the last century, FELA litigation has compelled railroad companies to adopt safer work procedures and equipment. Despite these improvements, trains, tracks, and rail yards remain one of the most dangerous places to work in the United States.
Repetitive Trauma Injury
Workplace injuries are often caused by workers repeatedly perform the same physical activity repeatedly. This could include typing, sewing, assembly line work, playing music, driving and more. These repetitive actions can result in injuries that are slow to heal that the person might not be aware that they have suffered an injury until it is too late to initiate legal action.
Many people think of workplace injuries as a single event that could result in injury by a slip and fall or becoming sick due to harmful chemicals, the truth is that thousands of small repetitive movements over time could result in significant injuries and disabilities. These injuries are also known as repetitive stress injuries or cumulative trauma injuries. They can be as debilitating and painful as a sudden injury.
The Federal Employers' Liability Act, 45 U.S.C. 51) allows workers who work in high-risk fields, such as those who are covered by workers' compensation and can sue their employers for damages that are not covered by workers compensation. FELA cases differ from regular workers' compensation claims and require evidence specific to an employer's negligence. Furthermore the process of filing a FELA claim has 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 is eligible to make an FELA claim, which includes temporary and clerical employees as also contractors. Engineers, conductors, and brakemen are the obvious FELA covered workers. But, the law also covers office staff as well as signalmen, trainmen, and other employees and anyone else who is exposed to railroad equipment goods, services, or equipment.
A FELA lawyer should be consulted as soon as possible after an injury. The railroad starts collecting statements, reenacting the incident, and acquiring documents and records as soon as it learns about the injury and an attorney who is experienced with these techniques will be able to swiftly discover and preserve relevant information. This is especially important since the evidence tends to fade with time. Early hiring of an attorney will ensure that the evidence is ready for trial.
Unintentional exposure to harmful substances
Every business is responsible for the safety of their employees and customers. Certain industries and occupations are more risky than others. In these high-risk jobs and industries employers are held to even more strict safety guidelines. This is the reason why certain states have laws that safeguard workers in their specific field, such as the Federal Employers Liability Act (FELA Code 45 U.S.C. 51).