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Federal Employers Liability Act (FELA)Railroads are a highly-risk industry that can cause serious injuries. These injuries can range from train accidents to asbestos-related illnesses like mesothelioma. If you've suffered injuries while working and you're not sure what to do, seek legal assistance from an Tennessee FELA attorney.FELA is a law that permits employees who have suffered injuries from their employer to sue them for negligence. Unlike state worker's compensation laws, FELA claims require proof of fault on the part of the employer.FELA is a federal lawFELA allows railroad workers to seek compensation for injuries suffered while working. This law permits injured railroad workers to file lawsuits against their employers for injuries that result due to the negligence of the company. Injured workers can receive damages for their future medical expenses, 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. They also have unique rules and procedures that require the attention of a lawyer who is familiar with FELA litigation.Generally, anyone who works for a railroad is covered by the law. This includes anyone who has a regular work assignment in interstate commerce, like conductors and train engineers brakemen, switchmen engineer trainees, signalmen and machinists. However, the law also applies to other employees that aren't normally thought of as being involved in interstate commerce, like contractors and office workers.To be eligible to file a FELA claim, the employee must demonstrate that their illness or injury was caused by their employer's negligence. Be aware that the law doesn't necessarily imply that a railroad was negligent in all instances. It must be proven that the employer breached his duty of care to the employee, for example, by failing to provide safety equipment or proper training, or by allowing a dangerous working environment.The law was first enacted in 1908. It is based on tort principles that are common. Although it is a federal statute it has had an impact on the development of state tort laws. Many states also have their own workers' compensation laws that cover workers in high risk industries and jobs. FELA claims can be filed by railroad employees who have been injured at work, regardless of where the accident occurred. Families of deceased railroad workers can also pursue claims for wrongful deaths.It is a strict liability lawThe Federal Employers' Liability Act is a strict liability law that allows railroad workers to sue their employers for injuries they caused due to their negligence. The FELA provides compensation to injured workers and their families. This is in addition to the benefits provided by the workers law on compensation. To be eligible for FELA workers must prove that the injury was the result of railroad's negligence or its failure to provide safe working conditions. The FELA allows employees to sue in order to recover damages not covered by workers' compensation for example, pain and suffering. If an employee is found to be guilty of contributing negligence, then the jury will reduce the amount awarded by a proportional amount. This is referred to as assumption of risk.It is a tort lawThe Federal Employers Liability Act (FELA), a tort law, allows railroad workers who have been injured to pursue damages against their employers. This is a distinct area of law with unique rules and procedures that require the expertise of an attorney experienced in FELA cases. Unlike fela settlements which offer the right to compensation regardless of fault on the part of an employer, FELA is a fault-based law that requires proof that an employer's negligence was the direct cause of the death or injury.In 1908, Congress passed the FELA to address the high danger of accidents at work for railroad workers. Workers' compensation laws were already in force in a few states, however they didn't cover workers who worked for interstate commerce. The FELA addressed the exclusion of employees who are engaged in interstate commerce by allowing more flexibility to the state tort liability laws and permitting injured railroad workers to sue their employer for additional damages not accessible through workers' compensation.Under FELA the worker can seek compensation from his or her employer if he or suffers injury or death due to the carrier's negligence. This includes negligence caused by the failure to provide safe working conditions for employees or equipment, such as unsafe equipment or tracks. It also includes failure to train workers properly and supervise them adequately. It also involves a violation of safety standards established by the Occupational Safety and Health Administration or laws such as the Locomotive Inspection Act and Railroad Safety Appliance Act.The FELA also provides reimbursement for medical expenses as well as other compensation. This is in addition to regular workers' compensation. In the case of a worker's death the FELA will pay of compensation to the worker's family members. In certain circumstances this could include the spouse and children of the deceased worker.If you are a railroad worker who was injured at work, you should consult an attorney with experience in FELA immediately. While the FELA provides up to 3 years from the date of your injury to bring a lawsuit, it is essential to choose an attorney who can start collecting evidence as soon as possible. The railroad will begin to collect statements and records, documents and witnesses as soon as it is notified of your injury.It is a law that is based on the liabilityAfter a half-century of arguing that they were more than mere industrial wage earners, railroad workers finally won recognition in 1908 through the passage of the Federal Employers' Liability Act (FELA). The law excludes railroad workers from state workers' compensation and is intended to provide financial security for injured workers. In contrast to the statutes for workers' compensation that provide the same amount of compensation regardless of fault in an accident, FELA is a law built on the concept of liability and requires proof of negligence by railroad. Additionally, it eliminates the doctrine of assumption of risk, which previously allowed employees to claim that they assumed the risks of their jobs.To be eligible to receive FELA benefits, a worker must meet the following conditions: Provide a safe and secure working environment. This could involve training workers or checking the workplace for dangers and unsafe conditions. Employers also need to maintain their facilities and ensure that equipment is working correctly. If an accident at work causes death, the spouse and children will be paid compensation. If the accident was not the result of negligence then the jury will determine the amount of damages at the end of a trial.