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FELA Claims

Railroad workers are normally covered for workplace injuries under the Federal Employers Liability Act rather than under "regular" California workers compensation laws. 

FELA puts certain restrictions and obligations on railroad companies. These include providing a "reasonably safe" work environment, inspecting the workplace to keep it safe, providing adequate training and supervision to employees, avoiding setting unreasonable work schedules for workers, and enforcing all relevant safety regulations.

Under FELA, some degree of fault must be proved against the employer to collect on a claim, but the threshold of fault is very low. This differs from workers comp law, which operates on a no-fault basis. A good lawyer can help prevent an employer from denying or reducing your claim by trying to attach a degree of fault for the accident to you.


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