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Ten Common Misconceptions About Fela Federal Employers Liability Act That Aren't Always True
Federal Employers Liability Act

The federal law on employees liability (FELA) allows railroad workers who have been injured to sue their employers. Unlike workmen’s compensation laws that pay out a lump sum regardless of the fault of the railroad, FELA demands that plaintiffs prove the railroad’s negligence was the cause of their injuries.

Current and former railroad employees can present FELA claims and family members of deceased railroad workers who die from an accident on the job or occupational disease like mesothelioma. A knowledgeable FELA attorney will have extensive experience handling these cases.

Statute of limitations

The Federal Employers Liability Act (FELA) was enacted in 1908 to provide a form of compensation and security for railroad workers. The statute defines the essential obligations of a railroad corporation and what types of negligence could cause injuries and damages for employees. The law also imposes a time limit within which an employee must make a claim for compensation.

In FELA claims in contrast to workers' compensation the injured worker must to prove that the employer was the one responsible for the injury. This is called the causation requirement. The United States Supreme Court has taken this to mean that the railroader's fault must "play any part, even the slightest, in causing the harm for which damages are sought."

If an employee can show that their employer failed to provide adequate safety equipment, instruction, or other protective measures or if they violated workplace regulations, like the Locomotive Inspection Act and Railroad Safety Appliance Act It will be easier to build an argument for negligence.

The law also prevents employers from relying on defenses like assumption of risk or fellow employees' negligence, which results in an easier legal process for railroad workers who have been injured. It is important to prove a solid case of injury prior to making a claim. This includes speaking with witnesses, co-workers and ensuring the medical professional has reviewed any injuries or illnesses. It also involves taking photos of the scene or surrounding area, taking photographs, and taking photographs or inspections of any equipment or tools that could have caused an accident.

A FELA attorney is also essential to contact immediately following an accident because there is a specific deadline within which the lawsuit can be filed. In FELA cases, this 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 make a claim within a reasonable time frame could have devastating financial and personal implications for a railroad worker who has suffered injury. This is especially true if an injury causes permanent disability. It could also have a negative impact on future retraining or career plans.

Work-related Diseases

The occupational disease can manifest in a variety of industries and occupations. These illnesses can be caused by the nature of your job or by a combination of both. Research in epidemiology and medical research have made it easier to establish the connection between certain illnesses and certain professions or industries. For instance, asbestos and mesothelioma are often associated with certain jobs and industries.

FELA laws provide railroad employees the right to hold their employers responsible for illnesses and injuries caused by their work. In a lot of ways, it's like workers compensation for railroad workers but it provides more benefits and requires more proof that the injury or illness was caused by a violation of a law, regulation or policy. A committed FELA lawyer can help you receive the maximum amount of amount of compensation.

While FELA offers more protections than workers' comp however, it has its own rules and requirements. FELA also allows for comparative negligence, meaning you may still receive compensation even if you are partially responsible for the injury or accident.

The FELA statute of limitations is three years in the case of workplace injuries or deaths. For mesothelioma as well as other diseases the clock starts the day you received your diagnosis or the day your symptoms began to become incapacitating.

A FELA case requires extensive documentation and testimony from health and safety experts, so it is important to work with an experienced FELA lawyer. They can assist you in gathering the proper documentation and help you build a strong case to receive the compensation you are due. They can also help determine if you were more than 50 percent responsible for the accident or exposure to toxic substances. This can impact the settlement or trial award. If you are found more than 50% at fault for a specific incident or injury the amount of your settlement or award may be reduced according to. In the last century, FELA litigation has compelled railroad companies to adopt safer work procedures and equipment. Despite these improvements trains, tracks and rail yards are still one of the most dangerous places to work in the United States.

Repetitive Trauma Injury

Workplace injuries often occur when a worker repeatedly performs the same physical task repeatedly. These actions can include sewing, typing, assembly line work, listening to music, driving and more. These repetitive actions can cause injuries that take so long to develop that the worker may not realize they have been injured until it's too late to initiate legal action.

Many people think of workplace accidents as a single incident that results in injury, like being injured in a slip-and-fall accident or becoming sick from exposure to harmful chemical. However many small repetitive movements can lead to significant injuries and disability over time. These kinds 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 industries, like those who are covered by workers compensation and can sue their employers for damages not covered by workers' compensation. FELA cases are different than regular claims for workers' compensation and require evidence specific to an employer's negligence. FELA claims must be filed according to strict guidelines and handled by experienced attorneys.


Nearly all railroad employees who are involved in interstate commerce, such as clerical staff, temporary employees and contractors, could be qualified to submit a FELA complaint. Engineers, conductors, and brakemen are the most obvious FELA covered workers. But, the law also covers office staff, trainmen, and signalmen as well as anyone who is exposed railroad equipment goods, services, or equipment.

Get in touch with a FELA lawyer as soon as you can after an accident. The railroad begins gathering statements, performing reenactments of the incident, and acquiring documents and records as soon as it learns about the incident and an attorney who is adept at these tactics will know how to quickly find and save relevant information. This is especially important because evidence tends fade as time passes. Employing an attorney before the deadline ensures that the evidence will be accessible when it is needed for trial.

Unintentional exposure to harmful substances

All businesses are accountable for the safety of their employees and customers. However, certain sectors and jobs are more at risk risks than others. In these high-risk industries and jobs employers are held to even stricter safety guidelines. This is why some states have specific laws that protect workers in their particular sector, for instance, the Federal Employers Liability Act (FELA code 45 U.S.C. 51).

For more than 100 years, FELA litigation has led to better equipment and safer work procedures in trains, rail yards and machine shops. Despite fela claims , railroads remain 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 including Roundup. These exposures are linked to serious diseases like mesothelioma, lung cancer and pulmonary fibrisis. If a major railroad 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.

In contrast to workers' compensation claims, FELA actions are based on fault and filed in federal courts. Researchers should be aware of tort law principles, as well as any state tort laws that may apply to tort claims that are added in a FELA case.

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