Federal Employers Liability Act
The federal employees liability act (FELA) allows railroad employees to sue their employers. In contrast to workmen's compensation laws, which award payouts without regard to fault, FELA demands that plaintiffs demonstrate that the railroad's negligence was responsible for their injuries.
Former and current railroad workers are able to file FELA claims, as well as relatives of railroad workers who suffer an on-the-job accident or occupational disease such as mesothelioma. A experienced FELA attorney will have years of experience in handling these cases.
Statute of limitations
In 1908, the Federal Employers Liability (FELA) Act was adopted to provide protection and compensation for railroad workers. The statute outlines the basic obligations of a railroad corporation and what kinds of negligence can cause injury and damages for employees. The law also sets the deadline by which injured employees may bring a lawsuit to be compensated.
In FELA claims and not like workers' compensation, the injured worker has to establish that his employer was responsible for causing the injury. This is known as the causation requirement. The United States Supreme Court has interpreted this as meaning that the railroader's negligence must "play any part, even the slightest, in causing the injury for which damages are sought."
It is easier for an employee to prove their guilt when they can prove that their employer was negligent by 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 such as assumption of risk or fellow employees' negligence, which results in a more favorable legal environment for injured railroad workers. This is why it is important to construct a strong case for injury prior to making a claim. This involves making sure that medical professionals have reviewed the injuries or illness and taken photographs of the scene and its surrounding area, speaking with witnesses and co-workers, and inspecting and photographing equipment or tools that may be the cause of an accident.
Another reason it is essential to consult a qualified FELA attorney right away following an injury is the fact that there is a strict time limit within which the lawsuit must be filed. In FELA cases it is three years from the time the person was aware or ought to have realized that their injury or illness was work-related.
Failure to submit a lawsuit within a reasonable amount of time can have devastating financial and personal implications for a railroad worker who has suffered injury. This is especially the case when an injury causes serious permanent impairments. It can also have a negative impact on any future plans to retrain or a job.
Occupational Diseases
occupational diseases can be found in a wide range of occupations and industries. These ailments can be caused by the nature of work or a combination. Due to studies in epidemiology and medical research it is becoming easier to prove that certain diseases are related to specific jobs or industries. For instance asbestos and mesothelioma are typically associated with certain jobs and industries.
fela settlements provide railroad employees the right to hold their employers accountable for injuries and illnesses caused by their work. In a lot of ways, it's like workers compensation for railroaders, except that it provides more benefits and requires more evidence that the injury or illness resulted from a violation of a regulation, law or policy. A committed FELA lawyer can help you get the maximum amount of compensation.
While FELA does provide more protections than workers' compensation, it does have unique rules and requirements. FELA allows for comparative fault, which means you are still entitled to compensation even if you're partially at fault for the accident or illness.
The FELA statute of limitations is three years in the case of workplace accidents or deaths. For mesothelioma as well as other diseases the clock starts either the day you received your diagnosis or the day that your symptoms became incapacitating.
A FELA case requires an extensive amount of documentation and testimony from health and safety experts, so it is important to be partnered with a seasoned FELA lawyer. They can assist you in gathering the proper documentation and help you build a strong case to get the compensation you deserve. They can also determine if the negligence in the accident or exposure to toxic materials was greater than 50 percent. This could impact your settlement or trial award. If you are found more than 50% responsible for an incident or injury and/or incident, your settlement or award will be reduced in proportion. In the last century, FELA litigation has compelled railroad companies to adopt safer equipment and work practices. 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 actions repeatedly. These actions could include sewing, typing, assembly line work, playing music, driving, and many more. Injuries that result from these repeated actions usually develop so slowly that the person who is injured may not even realize they're hurt until it is too late to take legal action.
Many people think of workplace injuries as a single incident that could result in injury by a slip and fall or getting sick from exposure to harmful chemicals, the truth is that thousands of repetitive movements over the course of time can cause significant injury and disability. These kinds of injuries are referred to as cumulative trauma, or repetitive stress injuries and can be just as debilitating as a sudden, violent injury.
The Federal Employers' Liability Act (FELA 45 U.S.C. 51) permits employees in high-risk industries to sue their employers for damages that are not covered by traditional workplace compensation, like workers compensation. FELA claims differ from traditional workers' compensation claims and require specific proof of negligence on the part of the employer. FELA claims must be filed in accordance with strict guidelines and handled by experienced attorneys.
Most railroad workers who are involved in interstate commerce, which includes the clerical staff, temporary workers and contractors, could be qualified to submit a FELA complaint. The workers who are covered by FELA are conductors, engineers brakemen, machinists and brakemen, however, the law also covers office workers, trainmen, signalmen and anyone else who is exposed to railroad equipment, goods or services.
A FELA lawyer should be consulted as quickly as possible following an injury. The railroad starts collecting statements, performing reenactments of the incident and collecting documents and records once it has learned about the injury and an attorney who is familiar with these tactics will know how to quickly find and save relevant information. This is particularly important because the evidence is likely to fade over time. Employing an attorney before the deadline ensures that evidence will be readily available in time for trial.
Unintentional exposure to harmful substances
All businesses are responsible for ensuring the safety of their employees and customers. However, certain sectors and jobs are more at risk dangers than others. In these high-risk occupations and industries employers are held to even stricter safety guidelines. This is the reason why certain states have laws specifically designed to protect workers in their specific field, such as the Federal Employers Liability Act (FELA Code 45 U.S.C. 51).
For more than a hundred years, FELA litigation led to improvements in equipment as well as safer working practices on trains, rail yards, and machine shops. Despite these advancements trains are still hazardous places to work.
Many FELA cases result from toxic exposures to substances such as asbestos, diesel exhaust, silica dust, welding fumes herbicides and chemical solvents such as Roundup. These exposures are associated with serious diseases like mesothelioma, lung cancer, and pulmonary fibrisis. If a major railroad KNEW about the dangers of these exposures but failed to warn or protect its workers, this is negligence and could lead to substantial FELA damages.
Unlike workers' compensation claims, FELA cases are fault-based and filed in federal court. Researchers should be familiar with the common law tort rules as well as state tort laws that might apply to additional tort claims joined in the FELA action.