Federal Employers Liability Act (FELA) allows railroad workers to receive compensation when injured in the workplace. It stipulates the employer's standard liability on workplace condition and safety.
FELA mandates employers to provide financial assistance to employees who sustain injuries while performing work duties. Employers have the responsibility to keep the workplace free from hazards that will cause harm to people.
Railroad companies are mandated to abide with the following FELA regulations:
1. Foresee potential and correct existing hazards in the workplace. It includes regular inspection and maintenance of railroad equipment, facilities, and tools.
2. Provide effective safety measures and sufficient protective gear to employees.
3. Inform and train employees on safety procedures in times of emergency or danger.
The employer will be held liable for a railroad accident that could have been prevented through an inspection. Such failure to prevent or correct hazard will require employers to pay for the medical expenses of the injured worker.
FELA requires employers to ensure that hired employees are properly equipped to perform their assigned duties. This includes:
1. Employers must provide sufficient training to help employees meet safety and performance standards. Employees are expected to have adequate education and experience that is necessary for the job.
2. Supervision for employees on work activities and conditions to prevent untoward accident. It includes inspection for potential and existing hazards that may occur during working hours.
3. Make sure that company safety policies are observed and conducted by all employees.
4. Employers must abide with federal and state safety laws.
FELA provides further protection to employees such as:
1. Mandates employers to implement safety measures to avoid intentional misconduct by third parties or other employees.
2. Prohibit unreasonable work quota.
3. Support from employer when the task exceeds the employee's physical ability.
FELA disability benefits
Railroad workers are entitled to receive FELA disability benefits when injured in the workplace. The injury must have resulted from an accident while performing assigned duties within working hours.
The employee is entitled to receive:
1. Medical assistance
2. Payment for medical expenses
3. Financial assistance if the injury requires long term therapy and recovery. When the railroad worker cannot resume to work due to disability or prolonged medication, the employer is mandated to pay loss income.
If the worker suffers fatal injuries in the railroad accident, the family member can file the disability benefit claim. FELA allows family members of the deceased worker to recover damages and losses.
Consult with an Employment Law Attorney in Los Angeles to help you file the disability benefit claim.