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 that pay out a lump sum regardless of fault, FELA demands that plaintiffs prove the railroad’s negligence was the cause of 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 FELA lawyer with a lot of experience in handling these cases will be knowledgeable.
Statute of Limitations
The Federal Employers Liability Act (FELA) was enacted in 1908 to provide a form of compensation and protections for railroad workers. The statute defines the basic obligations and responsibilities of a railroad and outlines what negligence can cause injury and damage to employees. The law also imposes the deadline by which injured employees may make a claim to claim compensation.
In FELA claims, unlike workers' comp the injured person has to prove that the employer was responsible for causing the 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 minor, in causing the harm for which is sought to be compensated."
It is much easier for an employee to prove their guilt 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 like assumption of risk or fellow employee negligence, resulting in an easier legal process for injured railroad workers. This is why it is important to build a strong case for injury prior to filing a lawsuit. This includes making sure that medical professionals have reviewed the injury or illness, taking photographs of the scene and its surrounding area, interviewing witnesses and coworkers, and reviewing and taking photos of equipment or tools that could have caused an accident.
Another reason why it is crucial to find an experienced FELA attorney right away following an injury is that there is a time limit within which a lawsuit must be filed. In FELA cases it is three years from the date that an individual knew or should have known that their injury or illness was related to work.
Failure to make a claim promptly could result in devastating personal and financial consequences for railroad workers injured. This is especially true for an injury that causes serious permanent impairments. It could also have a negative effect on future retraining or career plans.
Work-related Diseases
The occupational disease can manifest in a variety of occupations and industries. These illnesses could be caused by the nature of work or by a combination of both. As fela law firm of medical research and epidemiological studies it is becoming more and more easy to prove that certain diseases are associated with specific occupations or industries. For example asbestos and mesothelioma have been frequently associated with specific occupations and industries.
FELA laws grant railroad workers the right to hold their employers responsible for any injuries or illnesses caused by their work. In many ways, it's like workers compensation for railroad workers but it provides greater benefits and requires proof that the injury or illness resulted from a violation of a regulation, law or policy. Working with a dedicated FELA attorney can help ensure that you receive the highest amount of compensation that is possible.
FELA offers greater protections than workers’ comp however it has its own rules and requirements. FELA also allows for comparative negligence, which means you could still be eligible for compensation even if you are partially to blame for the injury or accident.
The FELA statute is three years in the event of workplace injuries or deaths. If you have a mesothelioma, or any other illness claim, the clock begins from the day you received a diagnosis or on the day your symptoms became difficult to manage.
A FELA case requires an extensive amount of documentation and testimony from health and safety experts It is therefore essential to work with an experienced FELA lawyer. They can assist you in gathering the proper documentation and help you build a convincing case to receive the compensation you are due. They can also assist you to determine if you were more than 50% at fault for the accident or exposure to toxic materials. This can impact the settlement or trial award. For instance, if are found to be more than 50% at fault for an injury or incident and your settlement or trial award will be reduced by the same percentage. In the last century, FELA litigation has compelled railroad companies to adopt and use safer work procedures and equipment. Despite these advancements trains, tracks and rail yards remain one of the most dangerous places to work in the United States.
Repetitive Trauma Injury
Workplace injuries often occur when workers repeatedly perform the same physical activity repeatedly. These actions could include sewing, typing assembly line work, playing music, driving and more. These repetitive actions can result in injuries that take so long to develop that the worker may not even realize that they've suffered an injury until it is too far gone to take legal action.
Many people think of workplace injuries as a single incident, such as being injured by a slip and fall or getting sick from exposure to harmful chemicals, the truth is that thousands of small repetitive movements over time can result in significant injuries and disabilities. These kinds 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, 45 U.S.C. 51) allows 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 are different from traditional workers' compensation cases. They require specific proof of negligence on the part of the employer. FELA claims are filed in accordance with strict guidelines by experienced attorneys.
Most railroad workers who are involved in interstate commerce, including clerical staff, temporary employees and contractors, could be eligible to submit a FELA complaint. Engineers, conductors and brakemen are among the most obvious FELA covered workers. But, the law also covers office workers as well as signalmen, trainmen, and other employees and anyone else who is exposed to railroad equipment, goods, or services.
A FELA lawyer should be consulted as quickly as is possible following an accident. When the railroad becomes aware of the injury and begins to collect statements, reenacting events as well as preserving documents and documents. An attorney who is experienced will know how quickly to find and preserve the relevant information. This is particularly important since evidence fades with time. The early hiring of an attorney will also ensure that the evidence is available for trial.
Accidental exposure to harmful substances
Every business is responsible to ensure the safety of their employees and customers. However, some sectors and jobs are more at risk dangers than others. In these high-risk jobs and industries employers must follow even stricter safety standards. Certain states have laws that protect workers in their specific field, like the Federal Employers Liability Act, code 45 U.S.C. 51).
Since more than a hundred years, FELA litigation led to improvements in equipment and safer working procedures on trains as well as rail yards and machine shops. Despite these improvements however, railroads remain dangerous places to be.
Many FELA cases are caused by toxic exposure to chemicals like asbestos, diesel exhaust, silica dust, welding fumes, herbicides and chemical solvents including Roundup. These exposures can cause serious illnesses such as lung cancer, mesothelioma and pulmonary fibrosis. If a major railroad KNEW about the dangers posed by these exposures and failed to warn or protect its workers it is considered negligence and could lead to substantial FELA damages.
Contrary to claims for workers' compensation, FELA cases are fault-based and filed in federal court. Researchers should be familiar with common law tort principles and state tort laws that may apply to any additional tort claims brought in a FELA action.