Federal Employers Liability Act

The federal employees liability act (FELA) allows injured railroad workers to file lawsuits against their employers. Contrary to the workmen's compensation laws which pay out a lump sum regardless of the fault of the railroad, FELA demands that plaintiffs prove the railroad’s negligence caused their injuries.

Families of railroad workers who have passed away from occupational illnesses or accidents on the job, like mesothelioma can also file FELA claims. A skilled FELA attorney will have years of experience in handling these cases.

Statute of Limitations

The Federal Employers Liability Act (FELA) was enacted in 1908 to create a form of compensation and security for railroad employees. The statute defines the essential duties of a railroad company and the types of negligence that can lead to injury and damages for employees. The law also establishes a deadline within which injured employees may file a lawsuit in order to be compensated.

In FELA claims in contrast to workers' compensation the injured worker must to prove that his employer was responsible for causing his injury. This is called the causation requirement. The United States Supreme Court has taken this to mean that the railroader's negligence has to "play any part even the smallest, in causing the injury for which damages are sought."

It is easier for an employee to prove their negligence if they can prove their employer was negligent for not providing safety equipment, training or other protective measures or if the company did not comply with workplace laws such as the Locomotive Inspection Act or Railroad Safety Appliance Act.

Additionally, the law prevents employers from using defenses such as negligence or assumption of risk by fellow employees. This creates a safer environment for railroad workers injured. This is why it is so crucial to create a solid case for injury prior to filing a lawsuit. This includes interviewing witnesses, co-workers and ensuring the medical professional has assessed any injuries or illnesses. It also involves taking photographs of the area or scene while also inspecting or photographing any equipment or tools that could have caused an accident.

A FELA attorney is also important to consult immediately after an accident because there is a strict deadline to when a lawsuit may be filed. In FELA claims, the time limit is three years from the date on which an individual should have been aware or realized that their injury or illness to be related to work.

Failure to file a lawsuit within a reasonable time frame could have devastating financial and personal consequences for a railroad worker who has suffered injury. This is particularly the case when an injury causes serious permanent impairments. It could also have a negative effect on any future retraining and career plans.

Occupational Diseases

A variety of industries and jobs are susceptible to cause occupational diseases. These ailments could be due to the nature of work, or they could be caused by an array of factors. Research in epidemiology and medical research have made it easier to establish the link between specific illnesses and certain occupations or industries. For example asbestos and mesothelioma are typically associated with certain jobs and industries.

FELA laws permit railroad workers to claim their employers' responsibility for illnesses and injuries that occur due to the nature of their work. It is similar to workers' compensation, however it has more benefits and requires evidence that the injury, illness or a violation of law, regulation, or policy caused it. A committed FELA lawyer can assist you to get the maximum compensation.

FELA offers greater protections than workers’ comp however, it also has its own rules and requirements. FELA allows for comparative fault, which means that you may still be eligible for compensation even in the event that you're partly responsible for your accident or illness.

The FELA statute is three years in the case of workplace injuries or deaths. For mesothelioma or another illness claim, the clock starts from the day you received a diagnosis or the day your symptoms became incapacitating.

A FELA case requires extensive documentation and testimony from health and safety experts, so it is important to partner with a seasoned FELA lawyer. They can help you create a strong case and gather the necessary documents to receive the justice you deserve. They can also help you determine whether you were more than 50% at fault for the accident or exposure to toxic materials. This could affect the amount you receive in settlement or trial. For instance, if are found to be more than 50 percent at fault for an incident or injury, then your settlement or trial award may be reduced by the same percentage. More than 100 years of FELA litigation has pushed railroad companies to continuously adopt and use safer working methods and equipment. Despite these improvements trains, tracks and rail yards remain among the most hazardous workplaces in the United States.

Repetitive Trauma Injury

Workplace injuries typically occur when workers repeatedly perform the same physical action repeatedly. This could include sewing, typing assembly line work, listening to music, driving and much more. These repetitive activities can lead to injuries that are so slow to develop that the worker may not realize they have been injured until it's too far gone to take legal action.

Many people think of workplace accidents as one-off events, such as getting injured in a slip-and-fall or becoming sick due to exposure to a harmful chemicals. However thousands of tiny repetitive movements can cause significant injuries and disability over time. These injuries are also referred to as repetitive stress injuries or cumulative trauma. They can be as debilitating and painful as a sudden traumatic injury.

The Federal Employers' Liability Act (FELA 45 U.S.C. 51) permits workers in high-risk industries to sue their employers for damages that aren't covered by traditional workplace compensation such as workers compensation. FELA claims differ from normal workers' compensation cases and require specific proof of negligence on the part of the employer. Additionally, the procedure for filing an FELA claim is governed by strict guidelines to be followed by experienced lawyers in these cases.

Nearly any worker working for a railroad involved in interstate commerce is eligible to file a FELA claim, including clerical workers and temporary employees as well as contractors. Those who are automatically covered by FELA are conductors, engineers brakemen, machinists, and brakemen however, the law also covers trainmen, office workers, signalmen and anyone else who is exposed to railroad equipment, goods or services.

A FELA lawyer is recommended to be consulted as soon as is possible following an accident. As soon as the railroad learns of the accident, it begins collecting statements, reenacting the event as well as preserving documents and records. An lawyer who is familiar with the process is able to quickly discover and preserve relevant information. This is particularly important since evidence tends fade as time passes. Employing an attorney before the deadline ensures that evidence will be readily available when it is needed for trial.

Unintentional exposure to harmful substances

All businesses are responsible for the security of their employees as well as customers. However, some industries and jobs pose higher dangers than others. In these high-risk jobs and industries, employers must follow even more stringent safety standards. This is the reason why certain states have specific laws that protect workers in their specific field, such as the Federal Employers Liability Act (FELA code 45 U.S.C. 51).

For more than a hundred years, fela claims railroad employees litigation led to improvements in the equipment and safer working practices for trains, rail yards, and machine shops. Despite these advancements however, railroads remain dangerous places to be.

Many FELA cases are the result of toxic exposures like asbestos, diesel fumes and silica dust. Other toxic substances include herbicides and chemical solvents like Roundup. These exposures are linked to serious illnesses like mesothelioma, lung cancer and pulmonary fibrosis. If major railroads KNEW of the dangers associated with these exposures, but failed to warn or protect their employees, this could be considered negligent and could result in substantial FELA damage.

Contrary to claims for workers' compensation, FELA actions are based on fault and filed in federal courts. Researchers should be aware of common law tort principles as well as state tort laws that could be applicable to other tort claims joined in a FELA action.