Federal Employers Liability Act
The federal law on employees liability (FELA) allows railroad workers who are injured to sue their employers. In contrast to workmen's compensation laws which award payouts regardless the fault of the railroad, FELA requires plaintiffs to prove that the railroad's negligence caused their injuries.
Both current and former railroad workers are able to present FELA claims as can family members of deceased railroad workers who have died due to an on-the-job accident or occupational disease such as mesothelioma. A FELA lawyer with a lot of experience handling these cases will be knowledgeable.
Statute of Limitations
The Federal Employers Liability Act (FELA) was enacted in 1908 to create a form of compensation and protections to railroad workers. The statute defines the essential duties of a railroad company and the types of negligence that can cause injury and damages for employees. The law also establishes an time limit within which an employee has to file a lawsuit to recover compensation.
In FELA claims, unlike workers' comp the injured person 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 read this to mean that the railroader's negligence has to "play any part even the smallest, in causing the injury for which damages are sought."
If an employee can demonstrate that their employer failed to provide proper safety equipment, training or other measures to protect themselves or if they violated workplace laws, such as the Locomotive Inspection Act and Railroad Safety Appliance Act it is easier to establish a strong case for negligence.
The law also blocks employers from using defenses like assumption of risk and fellow employees' negligence, which results in a more favorable legal framework for injured railroad workers. It is essential to prove a solid case of injury before filing a lawsuit. This involves the assurance that an expert medical professional has examined the injury or illness and taken photographs of the scene and surrounding area, speaking with witnesses and coworkers, and reviewing and taking photos of equipment or tools that could have caused an accident.
Another reason it is important to seek an experienced 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 claims the deadline is three years from the date when the person should have realized or realized that their injury or illness could be related to work.
The failure to submit a lawsuit in a timely manner can result in devastating financial and personal consequences for railroad workers who have been injured. This is particularly true for an injury that results in permanent impairments. It could also have a negative impact on any future retraining or career plans.
Work-related Diseases
A lot of different industries and jobs are prone to trigger occupational illnesses. These illnesses may be related to the nature of work, or they could be caused by an array of factors. Research in epidemiology and medical research have helped to establish the connection between certain illnesses and certain occupations or industries. For fela railroad settlements and mesothelioma are typically associated with certain occupations and industries.
FELA laws permit railroad workers to claim their employers' responsibility for injuries and illnesses caused by the nature of their job. It is similar to workers' compensation, but it has more benefits and requires proof that the injury or illness or violation of a law, regulation, or policy was the cause. A partnership with a professional FELA attorney can ensure that you receive the most amount of compensation possible.
While FELA provides more protections than workers' comp however, it has its own rules and requirements. FELA allows for comparative fault, which means you may still be eligible for compensation even if you're partially at fault for the accident or illness.
The FELA statute is three years in the event of workplace injuries or deaths. For mesothelioma and other illnesses, the clock begins either the day you were diagnosed or the day your symptoms began to become incapacitating.
It is crucial to work with an FELA lawyer with experience in FELA cases. A FELA claim requires extensive documentation and testimony from experts in health and safety. They can assist you in gathering the right documentation and build a strong case to receive the compensation you are due. They can also help determine whether you were more or less than 50 percent at fault for the accident or exposure to toxic substances. This can impact the amount you receive in settlement or trial. For instance, if are found to be more than 50% at fault for an accident or injury the settlement or trial award will be reduced by that percentage. More than 100 years of FELA litigation has forced railroad companies to consistently adopt and deploy safer equipment and working practices. Despite these advances trains, tracks and rail yards remain among the most dangerous workplaces in the United States.
Repetitive Trauma Injury
Workplace injuries typically occur when workers repeatedly perform the same physical action over and over. This could include typing, sewing, assembly line work, playing music, driving, and many more. Injuries that result from these repetitive actions typically take time to develop, so that the person who is injured might not be aware they are injured until it is too late to take legal action.
Many people view workplace accidents as a single incident that results in injury, like being injured by slipping and falling or getting sick from exposure to harmful chemicals. However many small repetitive movements can cause serious injuries and disabilities over time. These kinds of injuries are referred to as cumulative trauma injuries or repetitive stress injuries, and can be as severe as a sudden, traumatic injury.
The Federal Employers' Liability Act (FELA 45 U.S.C. 51) allows employees in high-risk industries to sue their employers for damages not covered by traditional workplace compensation such as workers compensation. FELA claims differ from traditional workers' compensation cases and require evidence of negligence on part of the employer. Additionally, the procedure for filing a FELA claim is governed by strict guidelines to be followed by experienced lawyers in these matters.
Any worker who works for a railroad involved in interstate commerce is qualified to make a FELA claim, which includes temporary and clerical employees as contractors as well. The workers who are covered by FELA are conductors, engineers brakemen, machinists and brakemen, however, the law also covers office workers, trainmen signalmen, and any other person who is exposed to railroad equipment or goods or services.
A FELA lawyer should be consulted as quickly as is possible following an accident. As soon as the railroad becomes aware of the accident, it begins collecting statements, reenacting events and acquiring documents and records. An attorney who is experienced with the process will be able to find and preserve the relevant information. This is crucial because the evidence is likely to fade as time passes. The early hiring of an attorney can ensure that the evidence is available to be used in trial.
Unintentional exposure to harmful substances
All businesses are accountable for the safety of their employees and customers. Certain jobs and industries are more dangerous than others. In these high-risk industries and jobs, employers are held to even stricter safety guidelines. Some states have laws to protect workers in their particular field, like the Federal Employers Liability Act, code 45 U.S.C. 51).
For more than a hundred years, FELA litigation led to improvements in equipment and safer working procedures on trains, rail yards, and machine shops. Despite these improvements however, railroads remain dangerous places to be.
Many FELA cases are caused by toxic exposures to substances such as asbestos, diesel exhaust, silica dust, welding fumes, chemical solvents, and herbicides such as Roundup. These exposures are linked to serious illnesses like mesothelioma, lung cancer and pulmonary lung fibrosis. When major railroads KNEW of the dangers associated with these exposures, but did not warn or protect their employees, this could be considered negligent and lead to substantial FELA damage.
Contrary to claims for workers' compensation, FELA actions are based on fault and filed in federal courts. Researchers must be aware of tort law principles and state tort laws that could apply to tort claims added to a FELA case.