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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. Contrary to the workmen’s compensation laws which award payouts without regard to fault, FELA demands that plaintiffs prove the railroad’s negligence was the cause of their injuries.

Both current and former railroad employees can file FELA claims and relatives of railroad workers who suffer an accident on the job or occupational disease such as mesothelioma. A FELA lawyer with a lot of experience in handling these cases will be skilled.

Statute of Limitations

In 1908, the Federal Employers Liability (FELA) Act was passed to provide protection and compensation for railroad employees. The law defines the essential duties and responsibilities of railroads and outlines how negligence can lead to injuries and damages to employees. The law also imposes an time limit within which an employee has to file a lawsuit to recover compensation.


In FELA claims, unlike workers’ comp, the injured worker has to prove that the employer was the cause of the injury. This is referred to 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 producing the injury for which damages are sought.”

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

The law also prevents employers from relying on defenses such as assumption of risk and fellow employee negligence, resulting in an easier legal process for railroad workers injured. It is important to prove a solid case of injury prior to filing a suit. This involves interviewing witnesses, co-workers and ensuring an expert medical professional has examined any injuries or illnesses. It also involves taking photos of the scene or surrounding area as well as taking photos and inspecting or photographing any equipment or tools which could have caused an accident.

A FELA attorney is also essential to contact immediately following an accident as there is a time limit within which a lawsuit can be filed. In FELA cases it is three years from the date when an individual knew or should have known that their injury or illness was work-related.

Failure to file a lawsuit promptly could 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 could also have a negative effect on any future retraining or career plans.

Occupational Diseases

occupational diseases can be found in a wide range of occupations and industries. These ailments can be caused by the nature of your job or by a combination of both. Due to research in the field of medicine and epidemiology it is becoming easier to prove that certain diseases are linked to particular occupations or industries. For instance, mesothelioma and asbestos, for example, are often related to specific jobs and industries.

FELA laws allow railroad workers to make their employers accountable for any injuries or illnesses that occur due to the nature of their job. It is similar to workers’ compensation, but it provides more benefits and requires proof that the injury, illness or violation of a law, regulation, or policy was the cause. A dedicated FELA lawyer can help you get the maximum amount of compensation.

FELA provides more protections than workers’ compensation, but it has its own rules and requirements. FELA allows for comparative fault, meaning that you can still get compensation when you’re partially responsible for the injury or accident.

The FELA statute of limitations is three years for on-the-job accident or death claims. For a mesothelioma or other illness claim, the clock begins either on the day that you received a diagnosis or on the day when your symptoms began to be incapacitating.

A FELA case requires the most extensive documentation and evidence from health and safety experts, so it is important to be partnered with a seasoned FELA lawyer. They can assist you in building a solid case and collect the necessary documentation to get the justice you deserve. They will also determine if your responsibility for the incident or exposure to toxic substances was more than 50 percent. This can impact the settlement or trial award. For instance, if you are found to be more than 50 percent at fault for an injury or incident and your settlement or trial award could be reduced by that percentage. More than a century of FELA litigation has forced railroad companies to consistently adopt and implement safer equipment and practices. 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 perform the same physical action repeatedly. This includes typing, sewing and assembly line work. Accident Injury Lawyers may also involve driving, playing music or driving on a motorway. These repetitive actions can result in injuries that take so long to heal that the worker might not be aware that they have suffered an injury until it is too far gone to take legal action.

Many people view workplace accidents as one-off events, such as getting injured in a slip-and-fall accident or becoming sick from exposure to harmful chemicals. However many small repetitive movements can cause significant injuries and disability over time. These injuries are also known as repetitive stress injuries or cumulative trauma. They can be as painful and debilitating as a sudden injury.

The Federal Employers’ Liability Act 45 U.S.C. 51) permits workers in high-risk industries, like those covered by workers’ compensation the right to sue their employer for damages not covered by workers’ compensation. FELA cases are different than traditional workers’ compensation claims and require specific evidence of the negligence of the employer. Furthermore the process of filing a FELA claim has strict guidelines to be followed by lawyers who are experienced in these areas.

Almost all railroad workers who are involved in interstate commerce, such as personnel on clerical duties, temporary employees and contractors, could be qualified to submit an FELA complaint. Conductors, engineers, and brakemen are the obvious FELA covered workers. But, the law also covers office employees as well as signalmen, trainmen, and other employees as well as any person who is exposed to railroad equipment, goods, or services.

Consult a FELA lawyer immediately after an accident. The railroad begins gathering statements, performing reenactments of the incident, and acquiring documents and records once it has learned about the injury and an attorney experienced with these techniques will be able to swiftly discover and preserve relevant information. This is particularly important since evidence fades as time passes. Early hiring of an attorney will also 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 risky than others. In these industries and jobs that are high-risk, employers must adhere to even more stringent safety standards. Some states have laws to protect workers in their specific field, like the Federal Employers Liability Act, code 45 U.S.C. 51).

For more than 100 years, FELA litigation led to improvements in the equipment and safer working practices for trains, rail yards, and machine shops. Despite these advancements trains are still hazardous places to work in.

Many FELA cases result from toxic exposures, such as asbestos, diesel fumes and silica dust. Other toxic substances include chemical solvents and herbicides like Roundup. These exposures can cause serious illnesses like mesothelioma, lung cancer and pulmonary fibrisis. When major railroads KNEW about the dangers of these exposures and failed to warn or protect its employees it is considered negligence that could result in significant FELA damages.

Unlike workers’ compensation claims, FELA cases are fault-based and filed in federal court. Researchers should be familiarized with tort law principles and state tort laws which may apply to tort claims included in the FELA case.