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Federal Employers Liability Act (FELA) Railroads are a high-risk industry that can result in serious injuries. These injuries can vary from train accidents to asbestos-related illnesses like mesothelioma. If you've suffered injuries while working it is recommended that you seek legal help from an Tennessee FELA attorney. FELA is a law that allows employees who have been injured by their employer to sue for negligence. In contrast to the state's laws on worker's compensation, FELA claims require proof of employer fault. FELA is a federal law FELA allows railroad employees to seek compensation for injuries they suffer on the job. This law permits injured railroad workers to file lawsuits against their employers for injuries resulting due to the negligence of the company. Injured workers can claim compensation for past and future medical expenses as also pain and suffering and lost wages. These cases are similar in nature to those filed under the laws of state workers' compensation but with additional requirements. These cases also involve specific rules and procedures which require the attention of a lawyer who has experience in FELA litigation. Generally speaking, anyone who works for railways is covered by the law. This includes people who have an ongoing job in interstate commerce, such as engineers and conductors of trains brakemen, signalmen, and signalmen trainees. However, the law also applies to other employees that aren't typically considered to be involved in interstate commerce, like office workers and contractors. In order to be eligible to file a FELA claim, a worker must prove that their injury or illness was the result of their employer's negligence. It is important to note that the law doesn't necessarily imply that the railroad was infallible in all instances. It must be proved that the employer breached his duty of care to the employee, for example in failing to provide adequate safety equipment or training, or by allowing a dangerous working environment. The law was first passed in 1908. It is based on tort laws that are common. Although it is a federal law it has had an impact on the development of state tort laws. In addition to FELA, many states have their own worker insurance laws that cover workers in high-risk sectors and jobs. No matter the state in which an accident occurred and a FELA claim can be filed by any current or retired railroad worker who has suffered an injury while working. The families of railroad workers who have died are eligible to pursue a wrongful death claim as well. It is a strict liability law The Federal Employers' Liability Act is a strict liability law which allows railroad employees to sue their employers for injuries they caused through their negligence. The FELA provides compensation for injured workers and their family members. In addition, it provides benefits offered by workers law on compensation. To be eligible for FELA benefits the worker must prove that their injury was caused by negligence on the part of railroads or a failure to provide safe conditions for work. The FELA also allows employees to sue for damages not covered by workers' compensation such as pain and suffering. If an employee is guilty of contributing to the negligence the jury will reduce the amount they award by an amount proportional to their fault. This is known as assumption of risk. It is a tort law The Federal Employers Liability Act (FELA) is a tort law that allows injured railroad workers to sue their employers for damages. This is a specialized area of law that has unique rules and procedures that require the expertise of an attorney experienced in FELA cases. Unlike workers' comp laws which provide compensation regardless of the fault of the employer, FELA requires proof that the negligence of the employer caused the accident or death. In 1908, Congress passed FELA in response to the risk of railroad workers being injured at work. While fela lawsuits had already established workers compensation laws, these laws excluded workers involved in interstate commerce. The FELA addressed the exclusion of employees engaged in interstate commerce by liberalizing state tort liability laws, and permitting injured railroaders to sue their employer for additional damages that aren't available through workers compensation. Under FELA the worker can seek compensation from his/her her employer if he or suffers injury or death due to the carrier's negligence. This includes negligence due to failure to maintain safe working conditions, such as defective tracks or equipment. It also includes the failure to properly train workers and properly supervise them. Also, it is a violation of safety standards as set forth by the Occupational Safety & Health Administration, or other laws like the Locomotive Inspection Act or Railroad Safety Appliance Act. The FELA also provides for the reimbursement of medical expenses and other compensation. This is in addition to regular benefits for workers' compensation. The FELA allows for compensation to be paid to family members of the deceased worker. In certain circumstances this could include the spouse and children of the deceased employee. If you are a railroad worker who has suffered an injury at work, you should seek out an attorney who is familiar with FELA immediately. While FELA gives you up to three years from the date of your injury to file an action, it's important to hire an attorney who can begin collecting evidence as soon as possible. The railroad will begin to collect statements and documents, records, and witnesses as soon it receives notification of your injury. It is a law that is based on liability After a half-century of argument that they were more than mere industrial wage earners, railroad workers finally received recognition in 1908 through the passage of the Federal Employers' Liability Act (FELA). The law exempts railroad workers from state workers' compensation and is intended to provide financial protection to injured workers. Contrary to workers' compensation laws that provide an amount of compensation regardless of the cause of an accident, FELA is a law founded on liability, which requires proof of negligence by railroad. It also eliminates the principle that allowed employees to claim they were responsible for the risks associated in their job. In order to qualify for FELA benefits the worker must satisfy the following requirements in providing a safe working environment. This could mean training workers, or inspecting the workplace for dangers and unsafe conditions. Employers are also required to maintain equipment and ensure it is in good operating condition. In the event of an workplace accident that results in death, spouses who survived and children will be compensated. If the accident was not caused by negligence the jury will decide the amount of damages to be awarded at the conclusion of the trial.