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more_legal_areas felaWhen a railroad worker suffers a railroad injury on the job, they may seek compensation for their injuries in the FELA. The FELA, or Federal Employer Liability Act, was passed by Congress in 1908 in order to protect railroad employees and their families from the devastating repercussions of railroad injury. The FELA was also intended to encourage railroad companies to adopt stringent safety policies to protect people from railroad injury risks. Under FELA, an employee must prove that their employer''s negligence contributed to the cause of the railroad injury. In contrast to other worker''s compensation laws, the FELA requires that fault be proven and allows a jury to judge the award that will be offered to the plaintiff when a case cannot be settled out of court.
The FELA was passed because lawmakers understood the inherent risk of railroad injury in one of America''s more dangerous industries. Each year there are approximately 3,000 train accidents that cause railroad injury to more than one thousand people. Over 400 people suffer a fatal railroad injury every year. Accidents that result in railroad injury commonly involve one of the following scenarios: collision with other trains, derailment, collisions with passenger vehicles, inadequately maintained tracks, mechanical failure, and other breeches in railroad safety.
When a railroad employee suffers a railroad injury on the job, they may be able to receive compensation for their related medical expenses, loss of income or earning potential, partial or permanent disability, and pain and suffering. If a worker dies as a result of a railroad injury, his/her family may be eligible to receive compensation for their losses. In order to receive compensation for a railroad injury, the victim must be able to prove that their employer''s negligence contributed to the accident. Even when some fault can be attributed to the victim''s negligence, they might still be able to receive compensation for their railroad injury and related expenses.
When a worker suffers a railroad injury, that person has a right to a trial in any jurisdiction where the railroad company conducts business, even if the railroad injury did not take place in that jurisdiction. In a majority of cases, a railroad injury case is settled out of court between the railroad company and the railroad injury victim and his/her legal representative (if they choose to hire an attorney). When a settlement cannot be reached, the railroad injury victim has the right to a jury trial in order to seek compensation for his/her losses. In some cases, these jury verdicts can offer large sums of money to the victims of railroad injury.
Employee railroad injury compensation laws, particularly the FELA, have been the subject of controversy for virtually 100 years. Several bills have been introduced into Congress in an effort to repeal the FELA, though each has been struck down. If you suffer a railroad injury on the job, your only method of action is to seek damages under FELA. This law is intricate and therefore railroad injury victims greatly benefit from the guidance and professional expertise of a qualified FELA attorney who can protect and maximize your legal rights.
A Federal Employers'' Liability Act (FELA) suit has been filed in the U.S. District Court in East St. Louis, Illinois alleging Illinois Central Railroad (ICR) failed to provide Anthony Lynch of Clinton, Ill. with a safe place to work.
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