Federal Employers Liability Act

The federal law on employees liability (FELA) allows railroad workers who are injured to sue their employers. Unlike workmen's compensation laws, which award payouts regardless of the cause of the accident, FELA requires plaintiffs to demonstrate that negligence on the part of the railroad caused their injuries.

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

Statute of limitations

The Federal Employers Liability Act (FELA) was passed in 1908 to create a form of compensation and protections for railroad employees. The law outlines the fundamental obligations of a railroad corporation and what kinds of negligence can lead to injury and compensation for employees. The law also sets the deadline by which injured employees may bring a lawsuit to receive compensation.

In FELA cases and not like workers' compensation claims, the injured worker must show that their employer was the one responsible in causing their injury. This is known as the causation requirement. The United States Supreme Court interpreted this to mean that the railroader’s negligence must "play any part even if it's small, in causing the harm for that is the basis for seeking damages."

It is much easier for an employee to prove negligence if they can prove their employer was negligent for not providing safety equipment and training, as well as other security measures or if the company 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 the assumption of risk and employee negligence, resulting in a more favorable legal environment for railroad workers who have been injured. This is why it is crucial to create a solid case for injury prior to making a claim. This includes speaking with witnesses, colleagues and making sure that an expert medical professional has assessed any injuries or illnesses. Also, it is important to take photographs of the area or scene while also reviewing or photographing any equipment or tools which might have caused an accident.

A FELA attorney is also essential to speak with immediately following an accident because there is a strict deadline to when a lawsuit may be filed. In FELA claims, the time limit is three years after the date that an individual should have been aware or suspected the injury or illness to be a result of work.

Failure to make a claim within a reasonable time frame can result in devastating financial and personal consequences for a railroad worker who has suffered injury. This is particularly relevant in the event of an injury that causes serious permanent impairments. It can also have a negative impact on any future plans to retrain or a job.

Work-related Diseases

occupational diseases can be found across a broad range of industries and occupations. These illnesses may be related to the nature of work or they could be caused by the combination of several factors. As a result of research in the field of medicine and epidemiology it is becoming more and more easy to prove that specific illnesses are linked to particular occupations or industries. For instance asbestos and mesothelioma are typically associated with certain occupations and industries.

FELA laws provide railroad employees the right to hold their employers accountable for any injuries or illnesses caused by their work. In a lot of ways, it is like workers compensation for railroad workers, except that it provides more benefits and requires evidence that the injury or illness resulted from a violation of a law, regulation or policy. Working with a dedicated FELA attorney can help ensure that you receive the most amount of compensation possible.

FELA offers greater protections than workers' comp however, it also has its own rules and requirements. FELA also allows for comparative negligence, meaning you may still receive compensation even if partially responsible for the accident or illness.

The FELA statute of limitations is three years in the case of on-the-job accident or death claims. For a mesothelioma or other illness claim, the clock will start at the time you received a diagnosis or on the day your symptoms became difficult to manage.

A FELA case requires extensive documentation and testimony from experts in health and safety, so it is important to be partnered with a seasoned FELA lawyer. They can help you create a strong case and collect the necessary documentation to claim the amount of compensation you deserve. They will also determine if your responsibility for the accident or exposure of toxic substances was more than 50%. This could affect the amount you receive in settlement or trial. For instance, if are found to be more than 50% responsible for an accident or injury the settlement or trial award will be reduced by the same percentage. More than 100 years of FELA litigation has pushed railroad companies to continuously adopt and implement safer working methods and equipment. Despite these advances trains, tracks, and rail yards remain among the most dangerous workplaces in the United States.

Repetitive Trauma Injury

Workplace injuries typically occur when workers perform the same physical activity repeatedly. These actions could include typing, sewing, assembly line work, playing music, driving, and many more. These repetitive actions can result in injuries that are slow to heal that the person may not realize they have been injured until it's too late to initiate legal action.

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

The Federal Employers' Liability Act (FELA, 45 U.S.C. 51) permits workers in high-risk fields, such as those who are covered by workers compensation, to sue their employer for damages not covered by workers compensation. FELA claims are different from normal workers' compensation cases and require proof of negligence on the part of the employer. Additionally the process of filing an FELA claim has strict guidelines that must be followed by lawyers who are experienced in these areas.

Almost all railroad workers who are involved in interstate commerce, which includes clerical staff, temporary employees and contractors, may be eligible to make a FELA complaint. Engineers, conductors, and brakemen are the most obvious FELA covered workers. But the law also covers office employees as well as signalmen, trainmen, and other employees and anyone else who is exposed railroad equipment or goods or services.

A FELA lawyer is recommended to be consulted as soon as possible after an injury. As soon as the railroad is informed of the injury and begins to collect statements, reenacting the event and acquiring documents and records. An lawyer who is familiar with the process will know how quickly to uncover and preserve the relevant information. This is crucial because the evidence is likely to fade over time. Early hiring of an attorney can ensure that the evidence is available to be used in trial.

Unintentional Exposure to Harmful Substances

Every business has a responsibility to ensure the safety of their employees and customers. However, certain industries and jobs pose higher dangers than others. In these industries and jobs that are high-risk, employers must adhere to stricter safety standards. This is the reason why certain states have laws that safeguard workers in their specific area, like the Federal Employers Liability Act (FELA code 45 U.S.C. 51).

For more than 100 years, FELA litigation has led to improved equipment and safer working practices in rail yards, trains and machine shops. Despite these improvements trains are still unsafe locations to work in.

Many FELA cases result from toxic exposures to substances such as asbestos silica dust, welding fumes, chemical solvents, and herbicides such as Roundup. These exposures have been associated with serious health issues like mesothelioma, lung fibrosis, and lung cancer. When a major railroad KNEW about the dangers of these exposures, but did not warn or protect its workers it is considered negligence and can lead to massive FELA damages.

Contrary to claims for workers' compensation, FELA actions are based on fault and filed in federal courts. Researchers should be aware of tort law principles and state tort laws that could apply to tort claims that are included in the FELA case.