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The attorneys at Zipin & Melehy are equipped to help clients pursue their claims filed under the Federal Employer's Liability Act (FELA). FELA enables railroad employees injured on the job to bring claims directly against their employers where it can be shown that it was the railroad's negligence that caused the injury.
Time Period to File Complaint
FELA cases must be filed in court within three years of the date of the accident. If the FELA complaint is a case of repetitive stress or occupational diseases, the statue of limitations begins when the employee should reasonably know that they have a work related injury.
Requirements Under FELA
FELA claims are similar to worker's compensation claims. The two claims differ in the establishment of fault by the employer. FELA claims must establish that the employer was at fault and was somehow negligent and caused the injury. Employees are not simply entitled to damages because they were injured while at work.
Employers will generally try to show that it was the employee's fault or the accident was somehow caused by the employee's own negligence. In most FELA cases, a jury decides to award both parties with a percentage of fault, and damages are awarded based on this percentage.
It is the responsibility of the employer under FELA to ensure that the workplace is reasonably free of unsafe conditions and hazards, to warn employees of unsafe conditions and hazards, and to inspect the workplace to make sure it is free of known and unknown hazards.
Injuries Covered by FELA
There are four basic types of injuries covered under FELA. The four types of injuries are sudden and traumatic injuries, repetitive stress injuries, aggravation of preexisting conditions, and occupational diseases such as lung cancer, skin diseases and asbestos related diseases.
Your Options
If you feel that you have suffered an injury on the job which qualifies under FELA, you may benefit from a consultation with an attorney at Zipin & Melehy.
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