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Federal Employers Liability Act The federal employee liability law (FELA) allows railroad workers who have been injured to sue their employers. Unlike workmen's compensation laws, which provide payouts regardless of the cause of the accident, FELA requires plaintiffs to show that negligence by the railroad caused their injuries. Families of railroad workers who died from occupational diseases or accidents on the job, including mesothelioma, can also claim FELA claims. A knowledgeable FELA attorney will have years of experience in handling these cases. Statute of Limitations The Federal Employers Liability Act (FELA) was passed in 1908 to provide a form of compensation and protections for railroad workers. The statute defines the essential obligations of a railroad company and what kinds of negligence can lead to injury and compensation for employees. The law also imposes the time frame within which an employee must file a lawsuit to recover compensation. In FELA claims, unlike workers' comp, the injured worker has to prove that his employer was the cause of his injury. This is referred to as the causation requirement. The United States Supreme Court interpreted this to mean that the railroader’s negligence has to play a part, even if it is small, in causing the harm for which is sought to be compensated.” It is much easier for an employee to prove their negligence when they can prove that their employer was negligent by not providing safety equipment, training or other protective measures, or if the company did not comply with workplace laws such as the Locomotive Inspection Act or Railroad Safety Appliance Act. The law also prohibits employers from using defenses such as assumption of risk and fellow employee negligence, resulting in an easier legal process for railroad workers injured. It is essential to prove a solid case of injury before filing a lawsuit. This involves ensuring that an expert medical professional has examined the injuries or illness and taken photographs of the scene and surrounding area, speaking with witnesses and co-workers, and inspecting and photographing equipment or tools that may have caused an accident. A FELA attorney is also essential to contact immediately following an accident because there is a specific deadline to when a lawsuit may be filed. In FELA claims the time limit is three years from the date that a person should have known or suspected the injury or illness to be related to work. Failure to submit a lawsuit within a reasonable amount of time could have devastating financial and personal implications for railroad workers who have been injured. This is particularly true when an injury causes permanent disability. It could also adversely impact any future plans for retraining or a new career. Occupational Diseases Many different sectors and jobs are prone to cause occupational diseases. These ailments could be caused by the nature of your work or by a combination of both. In the wake of studies in epidemiology and medical research it is becoming easier to establish that certain illnesses are associated with specific occupations or industries. Asbestos and mesothelioma, for instance, are typically associated with specific professions and industries. FELA laws allow railroad workers to claim their employers' responsibility for any injuries or illnesses caused by the nature of their job. It is similar to workers' compensation, however it offers more benefits and requires evidence that the injury, illness or violation of law or regulation resulted in it. A dedicated FELA lawyer can assist you to obtain the maximum amount of amount of compensation. FELA offers greater protections than workers' comp however it has its own rules and requirements. FELA also allows for the concept of comparative negligence. This means that you can still receive some compensation even if you are partially to blame for your accident or illness. The FELA statute is three years in the case of on-the-job accidents or deaths. For a mesothelioma or other illness claim, the clock begins either on the day that you were diagnosed or the day your symptoms became difficult to manage. It is important to partner with an FELA lawyer who is experienced in FELA cases. A FELA claim requires extensive documentation as well as testimony from experts in health and safety. They can help you build a strong case and gather the necessary documentation to get the compensation you're entitled to. They will also determine if your negligence in the accident or exposure of toxic substances was more than 50 percent. This could affect the amount you receive in settlement or award at trial. For example, if you are found to be more than 50 percent responsible for an injury or incident 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 use safer working methods and equipment. Despite these advancements trains, tracks and rail yards remain among the most dangerous workplaces in the United States. Repetitive Trauma Injuries Workers are frequently injured working when they perform the same physical actions repeatedly. These actions can include sewing, typing, assembly line work, playing music, driving, and many more. These repetitive actions can result in injuries that are so slow to develop that the worker may not even realize that they have suffered an injury until it is too late to pursue legal action. Many people think of workplace accidents as one-off events, such as getting injured in a slip-and-fall or becoming sick due to exposure to a harmful chemical. However thousands of tiny repetitive movements can result in significant injuries and disability over time. These types of injuries are referred to as cumulative trauma injuries, or repetitive stress injuries, and 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 sectors, such as those who are covered by workers compensation, to sue their employer for damages that are not covered by workers' compensation. FELA cases differ from regular workers' compensation claims and require evidence specific to an employer's negligence. FELA claims must be filed in accordance with strict guidelines by experienced attorneys. Nearly any worker working for a railroad that is involved in interstate commerce could be qualified to make a FELA claim, which includes workers in the clerical field and temporary employees as well as contractors. 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 as well as any person who is exposed railroad equipment goods, services, or equipment. A FELA lawyer should be consulted as soon as possible following an injury. The railroad begins gathering statements, reenacting the incident and collecting documents and records as soon as it learns about the accident and an attorney adept at these tactics will know how to quickly find and save relevant information. This is particularly important because the evidence tends to fade over time. Employing fela law firm before the deadline ensures that the evidence will be available at the time of trial. Unintentional exposure to harmful substances All businesses have a responsibility to protect their employees and customers. Certain jobs and industries are more risky than others. In these high-risk jobs and industries employers are required to follow even more strict safety guidelines. This is the reason why certain states have laws specifically designed to 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 safer equipment and better work procedures in trains, rail yards, and machine shops. Despite these improvements, railroads are still hazardous places to work in. Many FELA cases are the result of toxic exposures like asbestos, diesel fumes, and silica dust. Other substances that are toxic include herbicides and chemical solvents like Roundup. These exposures are linked to serious diseases like mesothelioma, lung cancer, and pulmonary lung fibrosis. When a major railroad KNEW about the dangers of these exposures, but did not warn or protect its workers, this is negligence and can lead to substantial FELA damages. Contrary to claims for workers' compensation, FELA actions are based on fault and filed in federal courts. Researchers should be aware of the common law tort rules as well as state tort laws that could apply to any additional tort claims that are part of a FELA action.