It’s obvious that any employee no matter where they work the possibility of getting hurt or other types of injuries is real. While this is true for just any occupation out there, railroad workers due to the nature of their work face a higher risk of injury. It can be dangerous and life altering. This is probably what informed the Federal government into passing the 1908 FELA (Federal Liability Act) by the Congress.
This gave railroad workers the chance to work without fear as protections and specific rights were legislated upon. As a result, FELA gave railroad companies the chance to ensure they’ve enforced all governing and applying safety regulations to ensure all workers were supervised and trained on safety issues, including refraining from requiring unreasonable actions from the employees. As a result, if a railroad worker is injured at work and it’s found out that it happened because the employer refused to adhere to any of these regulations applying the injured worker can raise a FELA claim with the employer as the defendant. FELA attorney will ensure the claim offers the worker enough monetary compensation for lost wages, suffering, pain and medical treatments among others.
What are some of the railroad injuries that apply?
It’s important to ensure the railroad covers your injuries. In this type of occupation, lots of hazards exist and affect railroad employees constantly. One of the biggest hazards is inhaling diesel exhaust fumes. While quite difficult not too. Diesel exhaust fumes make up for the majority of injuries over time. Why? When diesel burns it creates a chemical called benzene. Benzene causes cancer.
Most railroad workers disregard this as they smoke or are around trains in one way or another. However, these injuries are quite common. FELA cancer occurs when benzene is inhaled over time. Other accidents include being knocked out by a mobile train, falls from mobile vehicles, electrocution or hits and smashes from objects at the time of railroad repair or construction. Injuries that result from these hazards are immense such as death, neck and back injuries and broken bones. These could result in the loss of use of a specific body organ such as hands or legs.
FELA was passed by Congress in 1908 after it was found that railroad workers were unprotected, resulting in high death rates and injuries at the height of booming industrialization of the latter half of the 19th century to early 20th century. The Act’s enactment was highly anticipated but it didn’t stop workers from dying and getting injured at work in contrast with other employees in other occupations. Fatalities among railroad workers have always been high but have dipped to about twice that of other careers.
FELA makes it mandatory for railroad employers to ensure the workplace is reasonably safe for all. If they fail to do this and worker injuries occur in the line of duty, they’ll be held liable. Nonetheless, ‘reasonably safe’ as indicated in the Act has always been controversial in most FELA claims. FELA is not workers compensation!
FELA claims contrast with other types of occupation claims in a way. Under FELA, an employee who is injured has to prove that the employer indeed was negligent in a certain way that as a result led to the injury. In contrast to other workplace claims, FELA claims require negligence on the part of the employer for the claim to go through. FELA also contrast with other worker compensations in that while they don’t include suffering and pain payments, FELA does. The railroad worker can make a claim worth more money that most worker’s compensation cases. Negligence on the part of the employer under FELA can include insufficient provision of safety equipment and training as required to the workers, use of unsafe tools and imposition of unrealistic deadlines. For the FELA claim to go through, filing must typically be done within three years of the occurrence of the injury.
A FELA cancer attorney can help you seek the most beneficial FELA compensation possible including ensuring you understand your rights under the railroad standards and regulations. The process to make the claim will be clearly indicated and how the compensation can be obtained. FELA related lawsuits hardly end up in court trials and enter mediation most of the time before a trial is even on the table. Experienced FELA claims attorney will protect your rights and represent your interests under the law, effortlessly.