Federal Employers Liability Act FELA Railroads are a high-risk industry that can result in serious injuries These injuries can vary from train accidents to asbestos-related illnesses like mesothelioma If you have been injured at work, you should consult a Tennessee FELA lawyer FELA is a law that allows workers who have been injured by their employer to sue them for negligence In contrast to the state's laws on worker's compensation, FELA claims require proof of employer fault FELA is a federal law FELA allows railroad employees to claim compensation for injuries they sustain during their work This law allows injured railroad workers to bring lawsuits against their employers for injuries that result from the company's negligence Workers who are injured can seek compensation for future and past medical expenses, as in addition to pain and suffering and lost wages These cases are similar to those that are filed in state courts based on workers compensation laws, but have additional requirements These cases also require specific rules and procedures, which require the attention of an attorney with expertise in FELA litigation Anyone who works for a railway is generally covered by law This includes anyone who has an ongoing job in interstate commerce, like train engineers and conductors brakemen, switchmen signalmen, engineers, and machinists However, the law also covers other employees that aren't typically considered to be involved in interstate commerce, such as office workers and contractors In order to be eligible to file a FELA claim, a worker must demonstrate that their injury or illness was caused by the employer's negligence Be aware that the law doesn't necessarily imply that a railroad was negligent in all situations It must be established that the employer has violated their obligation of care towards the employee in any way, for example, by not providing adequate safety training or equipment or permitting a hazardous work environment The law was first enacted in the year 1908 It is based on tort principles that are common It is a federal law but it has influenced the state tort laws In addition to FELA states, many states have their own workers' compensation laws that cover those working in high-risk industries and jobs FELA claims can be filed by railroad employees who are injured on the job, regardless of the place where the accident took place Families of railroad workers who have died may also file claims for wrongful deaths It is a strict liability law The Federal Employers' Liability Act FELA is a strict liability law that allows railroad workers to bring claims against their employers for injuries caused through their negligence The FELA compensates injured workers and their families This is in addition to the benefits provided by state workers' comp laws To be eligible for FELA benefits, a worker has to prove that their injury was caused by railroad negligence or an inability to provide safe conditions for work The FELA allows workers to sue to recover damages that are not covered by workers' compensation like pain and suffering If, however, an employee is guilty of contributory negligence the jury will reduce the amount they award by an amount which is proportional to their fault This is referred to as assumption of risk It is a tort law The Federal Employers' Liability Act FELA is which is a tort law, permits railroad workers who have been injured to sue for damages against their employers It is a specialized field of law that has its own rules and procedures An attorney who is familiar with FELA suits is needed to help you Unlike workers' comp laws that compensate regardless of fault, FELA requires proof that the negligence of the employer caused the accident or death In 1908, Congress passed the FELA to address the risk of injuries from work for railroad workers Workers compensation laws were already in force in some states, but they excluded employees who worked for interstate commerce The FELA addressed this exclusion by liberalizing the state law regarding tort liability and allowing injured railroad workers to sue their employers for additional damages not available through workers compensation Under FELA, a worker may claim compensation from his or employer if he/ she is injured or killed as a result of the carrier's negligence This includes negligence caused by an inability to ensure safe working conditions for employees, such as defective equipment or tracks This includes failing to properly supervise and train workers Also, it is a violation of safety standards as set forth by the Occupational Safety amp; Health Administration, or other laws such as Locomotive Inspection Act or Railroad Safety Appliance Act The FELA also provides for the recovery of medical expenses and other compensation This is in addition to the normal workers compensation The FELA allows for compensation to be paid to the family members of a deceased worker In some cases this could include the spouse and children of the deceased employee If you are a railroad worker who has suffered an injury at work, you should consult an attorney with experience in FELA immediately Although the FELA provides up to 3 years from the date of your injury to bring a lawsuit, it is crucial to find an attorney who is able to begin gathering evidence as early as possible The railroad will begin to collect statements and documents, records, and witnesses as soon it is informed of your injury It is a law based on liability After more than a century of arguing that they were more than mere industrial wage earners, railroad workers finally received recognition in 1908 through the passage of the Federal Employers' Liability Act FELA The law excludes railroad workers from state workers compensation and is designed to provide financial security for injured workers In contrast to the statutes for workers' compensation that provide compensation regardless of fault, FELA is a liability-based law that requires proof that railroad negligence was responsible for creating injuries In addition, it eliminates the concept of assumption of risk, which previously allowed employees to claim that they assumed the risks associated with their work In order to qualify to be eligible for FELA benefits the worker must satisfy the following requirements in providing a safe working environment https//vimeocom/708070727 could include training employees or examining the workplace for unsafe conditions and potential hazards Employers are also required to maintain equipment and ensure that it is in good working order In the event of a workplace accident that results in death, spouses who survived and children will receive compensation If the accident was not caused by negligence A jury will determine the amount of damages to be awarded at the conclusion of the trial