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Federal Employers Liability Act The federal employees liability act (FELA) allows railroad workers to sue their employers. In contrast to workmen's compensation laws which award payouts regardless of the fault of the railroad, FELA requires plaintiffs to show that negligence by the railroad caused their injuries. Current and former railroad workers are able to claim FELA claims and relatives of deceased railroad workers who suffer an on-the-job accident or occupational illness such as mesothelioma. A skilled FELA attorney will have years of experience in handling these cases. Statute of limitations The Federal Employers Liability Act (FELA) was enacted in 1908 to provide a form of compensation and protections to railroad workers. The statute defines the essential duties of a railroad company and what kinds of negligence can cause injury and compensation for employees. The law also establishes an time limit within which an employee must file a lawsuit to recover compensation. In FELA cases and not like workers' compensation claims the injured worker must show that their employer was the one responsible in causing their 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 smallest, in causing the harm for which damages are sought.” It is easier for an employee to prove their negligence if they can prove their employer was negligent for not providing safety equipment and training, as well as other security measures or if the business violated workplace laws like the Locomotive Inspection Act or Railroad Safety Appliance Act. Additionally, fela claims railroad employees prevents employers from using defenses such as negligence or assumption of risk by fellow employees. This creates a more favorable working environment for railroad workers who are injured. It is crucial to establish a strong case of injury before making a claim. This includes the assurance that medical professionals have reviewed the injuries or illness and taken photographs of the incident and the surrounding area, speaking with witnesses and coworkers, as well as reviewing and taking photos of equipment or tools that may have caused an accident. Another reason that it is essential to consult an experienced FELA attorney immediately after an injury is the fact that there is a strict time frame within which a lawsuit must be filed. In FELA claims, the time limit is three years after the date that a person should have known or realized that their injury or illness could be work-related. Failure to make a claim promptly could result in devastating financial and personal consequences for railroad workers who have been injured. This is especially true if an injury causes permanent disability. It can also have a negative impact on any future plans to retrain or a career. Work-related Diseases A variety of industries and jobs have the potential to trigger occupational illnesses. These illnesses may be related to the nature of work, or they may be caused by a combination of factors. Research in epidemiology and medical research have made it easier to establish the connection between certain illnesses and certain professions or industries. Asbestos and mesothelioma for instance, are typically linked to certain occupations and industries. FELA laws allow railroad workers to make their employers accountable for injuries and illnesses that occur due to the nature of their job. In a lot of ways, it is like workers compensation for railroad workers, except that it provides more benefits and requires evidence that the illness or injury resulted from a violation of a regulation, law or policy. A partnership with a professional FELA attorney can help ensure that you receive the maximum amount of compensation you can get. FELA provides more protections than workers’ comp however, it also has its own rules and requirements. FELA also allows for the concept of comparative negligence. This means that you could still be eligible for compensation even if you are partially to blame for the injury or accident. The FELA statute of limitations is three years for work-related injury or death claims. 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 the most extensive documentation and evidence from experts in health and safety, so it is important to partner with an experienced FELA lawyer. They can help you gather the necessary evidence and create an argument that is strong to receive the compensation you are due. They will also determine if your fault in the accident or exposure of toxic materials was greater than 50 percent. This can impact the settlement or trial award. If you are found more than 50% at fault for a particular incident or injury and/or incident, your settlement or award will be reduced accordingly. More than 100 years of FELA litigation has pushed railroad companies to regularly adopt and use safer equipment and working practices. Despite these improvements trains, tracks and rail yards are still among the most hazardous workplaces in the United States. Repetitive Trauma Injuries Workplace injuries typically occur when a worker repeatedly performs the same physical activity repeatedly. These include typing, sewing and assembly line work. They can also include driving, playing music, or driving on a motorway. These repetitive actions can cause injuries that are so slow to heal that the worker may not realize they have been injured until it is too late to pursue legal action. While many people think of workplace injuries as just one event, such as being injured by a slip and fall or being sick due to exposure to harmful chemicals, the truth is that thousands of insignificant repetitive movements over the course of time can cause significant injury and disability. These kinds of injuries are known as cumulative trauma, or repetitive stress injuries and can be just as debilitating as a sudden, traumatic injury. The Federal Employers' Liability Act (FELA, 45 U.S.C. 51) permits those working in high-risk sectors to sue their employers for damages that aren't covered by traditional workplace compensation, like workers' compensation. FELA cases differ from traditional workers' compensation claims and require evidence specific to the negligence of the employer. FELA claims are filed in accordance with strict guidelines set by experienced lawyers. Most railroad workers who are involved in interstate commerce, such as personnel on clerical duties, temporary employees and contractors, may be qualified to make an FELA complaint. Engineers, conductors and brakemen are the obvious FELA covered workers. However, the law also covers office staff signalmen, trainmen and other staff members as well as anyone who is exposed railroad equipment goods, services, or equipment. A FELA lawyer is recommended to be consulted as soon as possible after an injury. As soon as the railroad is informed of the incident, it begins collecting statements, reenacting the event and acquiring documents and records. An attorney who is experienced with the process will be able to discover and preserve relevant information. This is particularly important because the evidence tends to fade with time. Employing an attorney before the deadline ensures that the evidence will be available in time for trial. Unintentional exposure to harmful substances All businesses are accountable to ensure the security of their employees as well as customers. However, some professions and industries pose greater dangers than others. In these high-risk occupations and industries employers are required to follow even stricter safety guidelines. Some states have laws to protect workers within their specific area, such as the Federal Employers Liability Act, code 45 U.S.C. 51). For more than 100 years, FELA litigation led to improvements in equipment as well as safer working practices on trains, rail yards and machine shops. Despite these advances, railroads are still dangerous places to be. Many FELA cases are caused by toxic exposure to chemicals like asbestos silica, diesel exhaust, dust, welding fumes, chemical solvents, and herbicides including Roundup. These exposures have been linked to serious health conditions such as mesothelioma, pulmonary thermoplasia, and lung cancer. When a major railroad KNEW about the dangers posed by these exposures, but did not warn or protect its employees it is considered negligence and could lead to substantial FELA damages. Unlike workers' comp claims, FELA actions are based on fault and filed in federal courts. Researchers should be aware of tort law principles and state tort laws which may apply to tort claims that are included in the FELA case.