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Federal Employers Liability Act The federal employees liability law (FELA) allows railroad workers who have been injured to sue their employers. In contrast to workmen's compensation laws, which give out payouts without regard to the fault of the railroad, FELA demands that plaintiffs show that negligence by the railroad was responsible for their injuries. Current and former railroad workers can file FELA claims as can relatives of railroad workers who suffer an on-the-job accident or occupational disease like mesothelioma. A experienced FELA lawyer will have a lot 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 law defines the fundamental obligations and responsibilities for railroads and defines what negligence can cause injuries and damage to employees. The law also imposes the time frame within which an employee has to file a lawsuit to recover compensation. In FELA cases and not like workers' compensation claims, the injured party must prove that their employer was at fault in the cause of their injury. This is known as the causation requirement. The United States Supreme Court has interpreted this as meaning that the railroader's negligence has to “play any part even the smallest in causing the injury for which damages are sought.” It will be easier for an employee to prove negligence if they can prove the employer was negligent in not providing safety equipment and training, as well as other security measures or if the company did not comply with workplace laws such as the Locomotive Inspection Act or Railroad Safety Appliance Act. Additionally the law prohibits employers from relying on defenses such as assumption of risk or negligence by fellow employees. This creates a safer environment for railroad workers injured. It is important to establish a strong case of injury before filing a suit. This involves making sure that a medical professional has reviewed the injuries or illness and taken photographs of the scene and surrounding area, speaking with witnesses and coworkers, and taking photographs of equipment or tools that could have been the cause of an accident. Another reason that it is crucial to find an experienced FELA attorney immediately after an injury is the fact that there is a specific time frame within which a lawsuit must be filed. In FELA claims the time limit is three years following the date that the person should have realized or knew their injury or illness to be related to work. The failure to submit a lawsuit in a timely manner could result in devastating personal and financial consequences for railroad workers injured. This is particularly true when an injury results in permanent disability. It can also have a negative impact on any future plans for retraining or a job. Occupational Diseases occupational diseases can be found in a variety of industries and occupations. These ailments may be linked to the nature of work or they could be caused by an array of factors. Medical research and epidemiological studies have helped to establish the link between specific illnesses and certain industries or occupations. For instance asbestos and mesothelioma have been typically associated with certain jobs and industries. FELA laws give railroad employees the right to hold their employers accountable for illnesses and injuries caused by their work. In many ways, it's like workers' compensation for railroaders however, it offers more benefits and requires evidence that the injury or illness was caused by a violation of a law, regulation or policy. Partnering with a dedicated FELA attorney can help ensure that you receive the maximum amount of compensation possible. FELA provides more protections than workers' compensation however, it also has its own rules and requirements. FELA allows for comparative fault, which means that you may still be eligible for compensation even when you're partially responsible 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 the day you were diagnosed or the day that your symptoms became incapacitating. A FELA case requires extensive documentation and testimony from health and safety experts, so it is important to be partnered with an experienced FELA lawyer. They can help you build a strong case and gather the required documents to receive the amount of compensation you deserve. They will also determine if your negligence in the accident or exposure to toxic materials was greater than 50%. This could affect your settlement or award at trial. For instance, if you are found to be more than 50% at fault for an incident or injury, then your settlement or trial award may be reduced by the same percentage. In the last century, FELA litigation has compelled railroad companies to adopt and implement safer work procedures and equipment. Despite these advancements, trains, tracks, and rail yards are still one of the most dangerous places to work in the United States. Repetitive Trauma Injuries Workplace injuries often occur when workers repeatedly perform the same physical activity repeatedly. This could include sewing, typing assembly line work, playing music, driving and much more. Injuries that result from these repeated actions usually develop so slowly that the injured worker might not be aware they are injured until it is too late to take legal action. While many people think of workplace injuries as just one event like being injured by a slip and fall or becoming sick due to toxic chemicals, the truth is that thousands of repetitive movements over the course of time can result in significant injuries and disabilities. These kinds of injuries are referred to as cumulative trauma, or repetitive stress injuries. They can be as severe as a sudden, violent injury. The Federal Employers' Liability Act (FELA 45 U.S.C. 51) permits workers in high-risk sectors, such as those who are covered by workers' compensation the right to sue their employer for damages that are not covered by workers compensation. FELA claims are different from normal workers' compensation cases. They require proof of negligence on the part of the employer. Moreover, the procedure for filing a FELA claim is governed by strict guidelines to be followed by attorneys experienced in these areas. Most railroad workers who are involved in interstate commerce, which includes the clerical staff, temporary workers and contractors, could be qualified to make an FELA complaint. Engineers, conductors and brakemen are the most obvious FELA covered workers. But the law also covers office workers, trainmen, and signalmen as well as anyone who is exposed to railroad equipment, goods, or services. fela attorneys should be consulted as soon as possible following an injury. When the railroad becomes aware of the incident, it begins collecting statements, reenacting events and acquiring documents and records. An attorney who is experienced will know how quickly to find and preserve the relevant information. This is particularly important since evidence is susceptible to disappearing as time passes. The early hiring of an attorney will ensure that the evidence is available to be used in trial. Intentional exposure to harmful substances All businesses are responsible for ensuring the security of their employees as well as customers. However, some professions and industries pose greater risks than others. In these high-risk jobs and industries, employers must adhere to even more stringent safety standards. Some states have laws that protect workers in their specific 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 the equipment and safer working practices for trains as well as rail yards and machine shops. Despite these improvements however, railroads remain hazardous places to work in. Many FELA cases are caused by toxic exposures such as asbestos, diesel fumes and silica dust. Other toxic substances include chemical solvents and herbicides like Roundup. These exposures have been linked to serious health conditions like mesothelioma and pulmonary fibrisis, and lung cancer. If major railroads KNEW of the dangers associated with these exposures, yet did not take the necessary precautions to protect their employees, this could be considered negligence and could result in substantial FELA damage. Unlike workers' comp claims, FELA actions are based on fault and filed in federal courts. Researchers should be aware of the common law tort rules and state tort laws that could apply to any additional tort claims that are part of the FELA action.