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Federal Employers Liability Act

The federal law on employees liability (FELA) allows railroad workers who are injured to sue their employers. Contrary to the workmen's compensation laws which pay out a lump sum regardless of fault, FELA demands that plaintiffs show that negligence by the railroad was responsible for their injuries.

Families of railroad workers who passed away from occupational illnesses or accidents on the job, like mesothelioma, may also make FELA claims. A knowledgeable FELA attorney will have years of experience handling these cases.

Statute of Limitations

The Federal Employers Liability Act (FELA) was passed in 1908 to provide a form of compensation and protections for railroad employees. The law defines the fundamental obligations and responsibilities for a railroad and outlines what negligence could cause injury and damages to employees. The law also establishes the time frame within which an employee has to bring a lawsuit in order to claim 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 taken this to mean that the railroader's negligence has to "play any role, even the slightest, in causing the harm for which damages are sought."

It will be easier for an employee to prove their negligence if they can show their employer was negligent for not providing safety equipment or training, or other safety measures or if the company did not comply with workplace laws such as the Locomotive Inspection Act or Railroad Safety Appliance Act.

In addition, the law prevents employers from relying on defenses such as negligence or assumption of risk by their employees. This creates a more favorable working environment for railroad workers injured. It is important to establish a convincing case of injury prior to filing a lawsuit. This includes speaking with witnesses, colleagues and making sure that an expert medical professional has assessed any injuries or illnesses. It also involves taking photos of the area or scene, taking photographs, and reviewing or photographing any equipment or tools which may have caused an accident.

Another reason that it is crucial to find a qualified FELA attorney right away following an injury is the fact that there is a specific time limit within which a lawsuit must be filed. In FELA claims, the time limit is three years from the date on which the person should have realized or suspected the injury or illness to be work-related.

The failure to submit a lawsuit in a timely manner can result in devastating financial and personal consequences for an injured railroad worker. This is particularly the case when an injury results in permanent impairments. It can also negatively impact any future plans for retraining or a job.

Work-related Diseases

A lot of different industries and jobs are prone to cause occupational illnesses. These illnesses may be related to the nature of work, or they could be caused by an array of factors. Medical research and epidemiological studies have made it easier to prove the connection between certain illnesses and certain occupations or industries. For instance asbestos and mesothelioma have been often associated with certain jobs and industries.

FELA laws grant railroad workers the right to hold their employers accountable for any injuries or illnesses caused by their work. It is similar to workers' compensation, however it offers more benefits and requires evidence that the injury, illness or violation of law, regulation, or policy resulted in it. A committed FELA lawyer can help you receive the maximum amount of compensation.

While FELA offers more protections than workers' compensation, it does have unique rules and requirements. FELA allows for comparative fault, which means that you may still be eligible for compensation even if you're partially at fault for the injury or accident.

The FELA statute is three years in the case of on-the-job accidents or deaths. For mesothelioma or another illness claim, the clock starts from the day you received a diagnosis or the day your symptoms began to become difficult to manage.

A FELA case requires an extensive amount of documentation and testimony from experts in health and safety, so it is important to partner with an experienced FELA lawyer. fela lawyers can help you create a solid case and gather the necessary documentation to get the justice you're entitled to. They can also help you determine whether you were more than 50 percent at fault for the accident or exposure to toxic substances. This could impact the amount you receive in settlement or trial. If you are found more than 50% at fault for a specific incident or injury the amount of your settlement or award will be reduced accordingly. More than a century of FELA litigation has pushed railroad companies to continuously adopt and deploy safer working methods and equipment. Despite these advancements, trains, tracks, and rail yards are still among the most dangerous workplaces in the United States.

Repetitive Trauma Injury

Workers are often injured at work when they perform the same physical tasks repeatedly. These actions include typing, sewing and assembly line work. They can also include driving, playing music, or driving on motorways. Injuries that result from these repeated actions often develop so slowly that the person who is injured may not even realize they're hurt until it is too late to pursue legal action.

Although many people think of workplace injuries as a single incident like being injured in a fall or slip or getting sick from exposure to toxic chemicals, the reality is that thousands of repetitive movements over the course of time can cause serious injury and disability. These kinds of injuries are referred to as cumulative trauma injuries or repetitive stress injuries, and can be as severe as a sudden, severe injury.

The Federal Employers' Liability Act (FELA, 45 U.S.C. 51) allows workers who work in high-risk sectors, such as those covered by workers compensation the right to sue their employer for damages that are not covered by workers compensation. FELA cases are different than regular workers' compensation claims and require evidence specific to the negligence of the employer. Moreover, the process of filing a FELA claim has strict guidelines that must be followed by lawyers who are experienced in these cases.

Nearly any worker working for a railroad that is involved in interstate commerce is qualified to submit a FELA claim, including clerical workers and temporary employees as also contractors. The workers who are covered by FELA are engineers, conductors brakemen, machinists and brakemen, but the law also covers trainmen, office workers signalmen, trainmen and everyone else who is exposed to railroad equipment products or services.

Get in touch with an FELA lawyer immediately after an accident. When the railroad is informed of the accident the railroad begins collecting statements, reenacting the incident and acquiring documents and documents. An attorney who is familiar with the process will be able to find and preserve the relevant information. This is particularly important since evidence is susceptible to disappearing with time. 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 ensuring the security of their employees as well as customers. Certain jobs and industries are more risky than others. In these high-risk occupations and industries, employers are held to more stringent safety standards. Some states have laws that 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 has led to safer equipment and better work procedures in trains, rail yards and machine shops. Despite these advancements, railroads are still dangerous places to be.





Many FELA cases are caused by toxic exposure to substances like asbestos silica, diesel exhaust, dust, welding fumes, herbicides, and chemical solvents such as Roundup. These exposures are linked to serious diseases like mesothelioma, lung cancer and pulmonary fibrisis. If a major railroad KNEW about the dangers posed by these exposures, but did not warn or protect its workers it is considered negligence and can lead to substantial FELA damages.

Unlike workers' compensation claims, FELA cases are fault-based and filed in federal court. Researchers should be familiarized with tort law principles, as well as any state tort laws that may apply to tort claims added in the FELA case.