Understanding the Federal Employers Liability Act (FELA): Protecting Workers in Interstate Commerce
The American workforce is the backbone of our nation’s economy. With countless individuals contributing their skills and labor across various industries. While workplaces strive to maintain safe environments, accidents and injuries can still occur, sometimes due to employer negligence. For workers engaged in interstate commerce, a unique set of legal protections exists under the Federal Employers Liability Act (FELA). FELA provides a crucial legal avenue for workers who got an injury on the job due to their employer’s negligence. At KAASS LAW, we champion the rights of workers and dedicate to ensuring they receive the compensation. The following will explore the key aspects of FELA, its purpose, scope, and how it can help injured workers seek recovery.
Federal Employers Liability Act (FELA) is a U.S. federal law which has the aim to protect and compensate workers injured on the job, in case the worker is able to establish that it was at least partially negligent in causing him and injury.
Elements the Plaintiff Must Establish for a Successful Claim Related to the Federal Employers Liability Act
According to CACI 2900, in case the plaintiff claims that while he was employed by the defendant, he was harmed by his negligence he must be able to prove all the following elements to establish the claim:
- Plaintiff was employed by the defendant
- Defendant was engaged in interstate commerce.
- Plaintiff’s job duties furthered, or in any way substantially affected, interstate commerce. (Interstate commerce is a commercial activity, which crosses more than one state or country, such as the movement of goods from one state to another.)
- Plaintiff was acting within the scope of his employment at the time of the incident
- Defendant was negligent
- Plaintiff injury
- Defendant’s negligence was a cause of the defendant’s harm or death
To prove that a breached its duty the plaintiff must prove the circumstances which a reasonable person would foresee as creating a potential for harm and that this breach played any part, even the slightest, in producing the injury or harm to the plaintiff.
Scope of FELA: Coverage?
FELA’s protection extends to a wide range of workers who are in interstate commerce. This includes employees who:
- Work for companies that operate across state lines: This could include transportation companies, trucking companies, shipping companies, and other businesses involved in the movement of goods or people across state borders.
- Are involved in the maintenance or repair of equipment used in interstate commerce: This could include mechanics, technicians, and other workers who maintain vehicles, machinery, or infrastructure used for interstate transportation or communication.
- Handle goods or materials that travel across state lines: This could include warehouse workers, distribution center employees, and others who handle products that are shipped or transported across state borders.
- Whose work activities have a direct impact on interstate commerce: This could include a broad range of employees whose work, even if not directly involved in transportation, affects the flow of goods or services across state lines.
Statute of Limitations for Filing a Claim Under FELA
Workers must file a claim under FELA within a three-year period. In case the worker fails to initiate the claim before the mentioned deadline, there will be a case dismissal under federal law.
Compensation to Injured Workers
FELA allows injured workers to get full compensation for caused damages. This is one of the main differences between standard workers’ compensation claims and FELA claims. Workers are not at limit to seeking compensation for a part of lost wages and medical benefits. Workers with an injury have the right to compensate for their noneconomic losses, including pain and suffering. Federal Employers Liability Act covers injuries due to asbestos exposure, as well as cumulative trauma injuries and repetitive stress.
KAASS LAW: Protecting Workers’ Rights
FELA cases can be complex and challenging, often involving intricate legal arguments and extensive evidence. At KAASS LAW, our attorneys have a deep understanding of FELA.
We can help you:
- Investigate your case: We’ll thoroughly investigate the circumstances of your injury, gather evidence, and consult with experts to determine if you have a valid FELA claim.
- Establish negligence: We’ll work to prove that your employer’s negligence contributed to your injury, overcoming any defenses they may raise.
- Calculate your damages: We’ll accurately assess your damages, including lost wages, medical expenses, and pain and suffering, to ensure you receive the full compensation you deserve.
- Negotiate with the employer: We’ll skillfully negotiate with the employer and their insurance carriers to reach a fair settlement.
- Litigate your case: If necessary, we’ll take your case to trial and fight aggressively to protect your rights and secure a favorable outcome.
Injured on the Job? We’re Here to Help
If you’re a worker with an injured on the job and believe your employer’s negligence, give us a call. We’ll listen to your story, answer your questions, and explain your legal options under FELA. We dedicate in helping workers to get the justice and compensation they deserve.
Additionally, FELA cases have played an important role in establishing the precedent for many tort law issues. For instance, such as damages allocation and standards for employee safety and working conditions. Are you in need of additional information? Our employment law attorney at KAASS LAW would be happy to help. Get in touch with us now at (310) 943-1171 now!