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3 Ways The Fela Federal Employers Liability Act Can Influence Your Life
Federal Employers Liability Act

The federal employees liability act (FELA) allows injured railroad workers to file lawsuits against their employers. In contrast to workmen's compensation laws which provide payouts regardless of fault, FELA requires plaintiffs to prove that the railroad's negligence caused their injuries.

Both current and former railroad workers are able to file FELA claims, as well as family members of deceased railroad workers who have died due to an accident on the job or occupational disease like mesothelioma. A experienced 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 type of compensation and security for railroad employees. The law outlines the fundamental obligations of a railroad corporation and what types of negligence can lead to injury and damages for employees. The law also sets a deadline within which injured employees may bring a lawsuit to receive compensation.

In FELA cases, unlike workers' compensation claims, the injured worker must prove that their employer was at fault in the occurrence of their injury. This is known as the causation requirement. The United States Supreme Court has read this to mean that the railroader's fault must "play any role even the smallest in producing the injury for which damages are sought."

It is much easier for an employee to prove their negligence if they can show the employer was negligent in not providing safety equipment, training or other protective measures or if the business violated workplace laws like the Locomotive Inspection Act or Railroad Safety Appliance Act.

In addition the law prohibits employers from relying on defenses such as assumption of risk or negligence by fellow employees. This creates a more favorable environment for injured railroad workers. This is why it is important to build a strong case for injury before making a claim. This includes the assurance that medical professionals have reviewed the injuries or illness and has taken photos of the scene and its surrounding area, speaking with witnesses and coworkers, and taking photographs of equipment or tools that could have caused an accident.


A FELA attorney is also essential to consult immediately after an accident because there is a time limit to when a lawsuit may be filed. In FELA cases the time frame is three years from the date when a person knew or should have known that their injury or illness was caused by work.

Failure to file a lawsuit within a reasonable time frame can result in devastating personal and financial consequences for railroad workers who have been injured. This is particularly true for an injury that causes permanent impairments. It can also negatively impact any future plans for retraining or a new career.

Occupational Diseases

The occupational disease can manifest in a variety of industries and occupations. These diseases may be caused by the nature of your work or a combination. Medical research and epidemiological studies have made it easier to prove the connection between certain diseases and certain professions or industries. Asbestos and mesothelioma, for instance, are typically related to specific jobs and industries.

FELA laws allow railroad employees to hold their employers accountable for illnesses and injuries that result from the nature of their job. It is similar to workers' compensation, however it has more benefits and requires proof that the injury or illness, or violation of law or regulation was the cause. A partnership with a professional FELA lawyer can ensure that you receive the maximum amount of compensation that is possible.

FELA provides 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're partially responsible for the accident or illness.

The FELA statute of limitations is three years for on-the-job accident or death claims. For mesothelioma as well as other diseases the clock starts either the day you were diagnosed or the day that your symptoms began to become incapacitating.

A FELA case requires an extensive amount of documentation and testimony from health and safety experts and health and safety experts, which is why it is crucial to be partnered with a seasoned FELA lawyer. They can help you create a solid case and gather the necessary documentation to get the compensation you deserve. They will also determine if your fault in the accident or exposure of toxic substances was greater than 50%. This can impact the amount you receive in settlement or trial. For instance, if are found to be more than 50 percent at fault for an injury or incident the settlement or trial award will be reduced by that percentage. In the last century, FELA litigation has compelled railroad companies to adopt and implement safer equipment and work practices. Despite these advancements trains, tracks and rail yards remain among the most dangerous places of work in the United States.

Repetitive Trauma Injuries

Workplace injuries often occur when a worker repeatedly performs the same physical action over and over. This includes typing, sewing and assembly line work. They can also include playing music, driving or driving on motorways. Injuries that result from these repeated actions usually take time to develop, so that the person who is injured may not realize they are injured until it is late to take legal action.

Many people view workplace accidents as just one incident like getting hurt by slipping and falling or getting sick from exposure to a toxic chemicals. However thousands of tiny repetitive movements can cause significant injuries and disability over time. These kinds of injuries are also referred to as repetitive stress injuries or cumulative trauma. They can be as debilitating and painful as a sudden 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 cases differ from regular workers' compensation claims and require specific evidence of the negligence of the employer. FELA claims must be filed in accordance with strict guidelines and handled by experienced attorneys.

Almost all railroad workers who are involved in interstate commerce, which includes the clerical staff, temporary workers and contractors, could be eligible to submit an FELA complaint. Engineers, conductors and brakemen are the most obvious FELA covered workers. But, fela accident attorney covers office employees, trainmen, and signalmen as well as any person who is exposed to railroad equipment or goods or services.

Consult an FELA lawyer immediately after an accident. The railroad starts collecting statements, reenacting the incident and gathering documents and records once it has learned about the incident, and an attorney experienced with these techniques will know how to quickly uncover and preserve relevant information. This is crucial because evidence tends to disappear over time. Early hiring of an attorney will also ensure that the evidence is ready to be used in trial.

Unintentional exposure to harmful substances

All businesses are accountable for ensuring the security of their employees as well as customers. However, certain industries and jobs pose higher risks than others. In these industries and jobs that are high-risk employers must follow even stricter safety standards. Some states have laws that protect workers within their specific field, 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 procedures on trains as well as rail yards and machine shops. Despite these improvements, railroads remain dangerous locations to work in.

Many FELA cases are caused by toxic exposure to chemicals like asbestos silica, diesel exhaust, dust, welding fumes, herbicides, and chemical solvents such as Roundup. These exposures have been linked to serious health problems like mesothelioma and pulmonary fibrosis, and lung cancer. When major railroads KNEW of the dangers that come with these exposures but did not take the necessary precautions to protect their workers, 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 familiar with common law tort principles and state tort laws that might apply to additional tort claims brought in the FELA action.

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