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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to expand, so too is the possibility of getting injured while working. In contrast to other types of workers railroad workers do not have access to state-run workers' compensation systems. They are protected by federal law against employer negligence. This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). What fela claims need to know about the Liability Act (FELA). Definition Railroad workers face unique challenges in safety. This is why they are expected to adhere to higher standards when it comes to workplace-related injuries. If a worker gets injured on the job, it can be extremely devastating and impact their entire life. Fortunately there are laws to protect these workers and ensure they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from regular workers compensation, which covers state workers in other sectors. Unlike workers' comp, FELA claims are fault-based and must be proven through the evidence of negligence or recklessness. This is where a FELA lawyer can be of great help. Congress approved FELA (1908). The law stipulates that a railroad carrier is liable for the death or injury of an employee. However, this is only if the accident occurred while in the course of the employee's employment and stemmed due to the negligence of the railroad company. This could include the insufficient safety equipment, training, and procedures or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. The law was enacted to protect railroad workers, however it also creates high standards of liability for employers in all industries. Generally speaking, workers compensation and FELA are not viewed as the identical by judges, however this is changing as more cases are being filed under the FELA. It is crucial to know the differences between these laws to determine which one is the best for your situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in filing a claim under the FELA. Purpose As a rule employers are accountable to ensure their employees are safe at work. This is particularly true for workers who work in highly risky fields like construction and utilities. In certain instances the employer's negligence can result in workers being injured or even dying. For this reason, employers in these industries are required to adhere to stricter safety guidelines. When an employee is injured while at work, they must be compensated for medical expenses and lost income. While workers' compensation laws cover many workers in the United States, there are specific federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA) will require the worker to prove that their injury was caused by the employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad employees would receive compensation for their injuries. The law was not meant to provide railroad workers with complete compensation. The law requires railroad workers to demonstrate that the railroad was negligent in causing their injuries. The law also prohibits employers from denying an employee's claim on the basis of negligence that is contributory. In general, an injured worker must demonstrate the following three things in order to be awarded damages under FELA: Scope Railroad employees have an environment of work that comes with the risk of its own. If they are injured at work, they may sue their employer under a Federal Statute, referred to as the Federal Employers? Liability Act, U.S.C. 51 et seq. This law isn't just designed to safeguard workers, it also sets high standards for employers to meet. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred in the scope of employment; (2) the employee was acting within the course and of the scope of his duties; (3) the conduct was in the interest of the employer's interstate transportation business; and (4) the railroad was negligent and played some part in causing the injury. Some cases may fall under both workers' compensation and FELA. The two laws differ in many ways, and a skilled attorney can help you determine which one best suits your requirements. Understanding these distinctions will save you time and money and also avoid unnecessary confusion. Limitations Employers across the United States are responsible to ensure that their employees are protected and safe. However certain occupations and industries are more prone to injury than other. Employers are required to meet a higher standard of safety guidelines. People working in high-risk areas such as utilities and construction, for instance, are usually protected under the law on worker's compensation. These state-specific laws provide the right to compensation for workers injured on the job. Railroad workers are also covered under the Federal Employers' Liability Act that is codified in the form of 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law permits injured railroad workers to sue employers for damages due to their negligence or violation of federal safety laws. Contrary to the state laws governing workers' compensation, FELA does not automatically provide injured railroad workers with full compensation. Instead, it requires injured railroad workers to prove that their employer was “legally negligent” in causing their injuries. FELA claims will be considered in federal courts, and railroad workers who are injured are entitled to trial by jury. In a jury trial, the jury must decide if the railroad is accountable for the death or injury of an injured employee. This conclusion must be based upon the evidence provided in the case. It must also include evidence that the railroad did not uphold a duty of respect to its employees and that the negligence caused or caused the death or injury. The jury must also find that the railroad is in breach of one or more of the statutes mentioned in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will determine the amount at which the plaintiff is accountable. It could reduce the amount by the proportion that the plaintiff's negligence contributed to the death or injury. Applicability In 1908, Congress passed The Federal Employers' Liability Act to ensure the safety of railroad workers injured on the worksite. This law was different than the laws governing workers' compensation in individual states and provided a system through which injured railroad workers could directly sue their employers. FELA establishes high standards for employers' obligations and allows injured railroad employees to recover damages. FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads that own and maintain rail tracks that are used by other interstate railroads. Railroad workers are exempt from state workers' compensation laws and provides a mechanism for claiming damages when they are injured while working due to a violation of federal safety laws or the negligence of their employer. To succeed in a lawsuit brought under FELA an injured railroad worker must show that their employer violated the law and that the breach caused or caused their death or injury. The burden of the burden of proof in a FELA case rests with the plaintiff, and the court has the authority to order a jury trial for a FELA claim. To prevail in a FELA lawsuit, an employee must prove that the railroad was accountable for their death or injury. They must show that they were injured or killed due to the railroad's negligence or inability to provide safety equipment or training, or because of a violation of a safety law such as the Boiler Inspection Act. If the jury awards damages to a plaintiff after a verdict, the railroad is responsible for paying the damages. The jury has to be properly educated on the law prior to beginning deliberations.