Federal Employers Liability Act
The federal law on employees liability (FELA) allows railroad workers who have been injured to sue their employers. Unlike workmen's compensation laws, which provide payouts regardless of fault, FELA requires plaintiffs to demonstrate that negligence on the part of the railroad caused their injuries.
Former and current railroad employees can claim FELA claims, as well as family members of deceased railroad workers who suffer an accident on the job or occupational disease such as mesothelioma. fela claims railroad employees will have years of experience handling these cases.
Statute of Limitations
The Federal Employers Liability Act (FELA) was enacted in 1908 to provide a type of compensation and protections for railroad employees. The statute defines the basic duties and responsibilities of railroads and outlines how negligence can lead to injury and damages to employees. The law also sets an time limit within which an employee must file a lawsuit to recover compensation.
In FELA cases in contrast to workers' compensation claims, the injured party must prove that their employer was at fault in the occurrence of their injury. This is known as the causation requirement. The United States Supreme Court has interpreted this as meaning that the railroader's negligence has to "play any role even the smallest, in producing the injury for which damages are sought."
It is much easier for an employee to prove negligence when they can prove that their employer was negligent for not providing safety equipment or training, or other safety measures or if the company violated workplace laws like the Locomotive Inspection Act or Railroad Safety Appliance Act.
In addition, the law prevents employers from relying on defenses such as assumption of risk or negligence by their employees. This creates a more favorable working environment for injured railroad workers. This is why it is important to build a strong case for injury before filing a lawsuit. This involves the assurance that an expert medical professional has examined the injuries or illness and taken photographs of the incident and the surrounding area, speaking with witnesses and co-workers, and taking photographs of equipment or tools that could be the cause of an accident.
Another reason why it is important to seek a qualified FELA attorney as soon as you have suffered an injury is the fact that there is a time frame within which a lawsuit must be filed. In FELA cases the time frame is three years from the time an individual knew or ought to have known that their injury or illness was work-related.
Failure to make a claim within a reasonable amount of time can result in devastating financial and personal implications for a railroad worker who has been injured. This is especially true if an injury causes permanent disability. It can also negatively impact any future plans for retraining or a career.
Occupational Diseases
A variety of industries and jobs have the potential to cause occupational illnesses. These ailments may be linked to the nature of work, or they could be caused by the combination of several factors. Due to research in the field of medicine and epidemiology, it is becoming easier to prove that specific illnesses are linked to particular occupations or industries. For example asbestos and mesothelioma have been often associated with certain jobs and industries.
FELA laws give railroad employees the right to hold their employers responsible for any injuries or illnesses caused by their work. In a lot of ways, it's similar to workers' compensation for railroaders, except that it provides greater benefits and requires proof that the illness or injury resulted from a breach of a law, regulation or policy. A partnership with a professional FELA attorney can help ensure that you receive the maximum amount of compensation possible.
FELA offers more protections than workers' compensation however, it also has its own rules and regulations. FELA allows for comparative fault, which means you are still entitled to compensation even when you're partially responsible for the injury or accident.
The FELA statute is three years in the event of on-the-job accidents or deaths. For mesothelioma and other illnesses, the clock begins either the day you were diagnosed or the day that your symptoms became incapacitating.
A FELA case requires extensive documentation and testimony from experts in health and safety and health and safety experts, which is why it is crucial to partner with a seasoned FELA lawyer. They can assist you with gathering the right documentation and build an argument that is strong to receive the compensation you are due. They will also determine if your responsibility for the accident or exposure of toxic materials was greater than 50 percent. This can affect your settlement or award at trial. For instance, if you are found to be more than 50 percent responsible for an injury or incident and your settlement or trial award could be reduced by that percentage. Over the past century, FELA litigation has compelled railroad companies to adopt safer work procedures and equipment. Despite these advances trains, tracks and rail yards remain among the most hazardous workplaces in the United States.
Repetitive Trauma Injury
Workers are frequently injured working when they perform the same physical tasks repeatedly. These actions include sewing, typing and assembly line work. They can also include playing music, driving or driving on motorways. The resulting injuries from these repeated actions usually occur so slowly that the person who is injured may not realize they are injured until it is late to take legal action.
While many people think of workplace injuries as a single event that could result in injury in a fall or slip or being sick due to exposure to toxic chemicals, the truth is that thousands of repetitive movements over time could cause significant injury and disability. These kinds of injuries are referred to as cumulative trauma, or repetitive stress injuries. They can be as debilitating as a sudden, severe injury.
The Federal Employers' Liability Act (FELA, 45 U.S.C. 51) allows workers who work in high-risk industries, like those covered by workers' compensation and can sue their employers for damages not covered by workers' compensation. FELA claims differ from normal workers' compensation cases. They require specific proof of negligence on the part of the employer. FELA claims must be filed according to strict guidelines set by experienced lawyers.
Almost all railroad workers who are involved in interstate commerce, such as the clerical staff, temporary workers and contractors, are qualified to file an FELA complaint. Engineers, conductors, and brakemen are among the most obvious FELA covered workers. But, the law also covers office employees signalmen, trainmen and other staff members as well as anyone who is exposed railroad equipment, goods, or services.
Get in touch with a FELA lawyer immediately after an accident. As soon as the railroad becomes aware of the accident, it begins collecting statements, reenacting the incident and acquiring documents and documents. An lawyer who is familiar with the process will know how quickly to uncover and preserve the relevant information. This is particularly important since evidence fades as time passes. Early hiring of an attorney will also ensure that the evidence is ready to be used in trial.
Unintentional exposure to harmful substances
Every business has a responsibility to ensure the safety of employees and customers. Certain jobs and industries are more hazardous than others. In these high-risk industries and jobs employers are held to even stricter safety guidelines. Some states have laws that protect workers in their specific area, such as the Federal Employers Liability Act, code 45 U.S.C. 51).
For more than 100 years, FELA litigation has led to better equipment and safer working practices in trains, rail yards, and machine shops. Despite these advances, railroads remain hazardous places to work.
Many FELA cases result from toxic exposures such as asbestos, diesel fumes and silica dust. Other harmful substances include herbicides and chemical solvents such as Roundup. These exposures can cause serious diseases like mesothelioma, lung cancer and pulmonary fibrisis. If a major railroad KNEW of the dangers that come with these exposures but did not take the necessary precautions to protect their employees, this could be considered negligent and result in significant FELA damage.
Contrary to claims for workers' compensation, FELA actions are based on fault and filed in federal courts. Researchers should be familiarized with tort law principles and state tort laws that may apply to tort claims added to the FELA case.