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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to expand as does the risk of getting injured on the job. As opposed to other types of employees railroad workers do not have access to the state-run worker's compensation systems. They are protected by federal law against employer negligence. Federal Employers Liability Act (FELA) is the name of this federal law. Liability Act (FELA). What you need to know about the Liability Act (FELA). Definition Railroad workers face a distinct set of safety challenges while on the job. To prevent accidents that result from work, railroad employees are held to an elevated standard. If a worker gets injured while working, it can be extremely devastating and impact their entire life. Fortunately there are laws to protect workers and ensure they get the compensation they need. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from regular workers' compensation, which protects state workers in other sectors. As opposed to workers compensation, FELA claims must be proved by proving an negligence of the employer. A FELA attorney can be of great assistance. Congress passed FELA in 1908. The law stipulates that railroad companies is liable for the death or injury of an employee. This is only the case if the accident happened in the course and scope of the employee's duties and was caused by negligence on the part of the carrier. This could include the failure to provide adequate safety equipment, training, or procedures or violations of the Safety Appliance Act. Despite the fact that the law was enacted in order to provide protection to railroad workers, it also creates strict liability requirements for all employers. Judges generally do not think of workers' compensation or FELA to be the same, but this is changing as more FELA cases are filed. This is why it is essential to understand the differences between these two laws so you can determine which one is suitable for your case. The Lanier Law Firm is experienced in representing railroad workers, and can help you file claims under FELA. railroad injury fela lawyer In general, employers are responsible to ensure their employees are safe at work. This is especially applicable to workers in high-risk industries, like construction and utilities. In certain cases, an employer’s negligence can lead to a worker being injured or even dying. For this reason, employers in these industries are required to adhere to more stringent safety guidelines. If an employee gets injured while at work, they should be compensated for medical expenses as well as lost income. Railroad workers are protected under federal laws that differ from workers' compensation laws. These laws, also known as the Federal Employers' Liability Act (FELA) requires a worker to prove 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. Instead, the law requires that the injured worker prove that their injury was caused by railroad's negligence. The law prohibits employers from refusing to accept a claim due to the contributory negligence. In general, an injured worker has to show three things to receive damages under the FELA. Scope Railroad workers face a variety of risks. If they get injured while working they are entitled to the right to sue their employer under a Federal statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just designed to protect workers, but also sets high standards for employers to adhere to. A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred in the scope of the employee's job; (2) the employee was acting within the course and of their duties; (3) the conduct that was at issue was in the service of the employer?s interstate transportation business and (4) the railroad was negligent and played some part in causing the injury. Certain cases could fall under both workers compensation and FELA. The two laws differ in many ways, and a knowledgeable lawyer can help you decide which one best suits your needs. Having an understanding of these distinctions can save you time and money, and also avoid unnecessary confusion. Limitations Employers are responsible for the safety and well-being of their employees. Certain industries and occupations pose a greater chance of injuries. These employers are therefore subject to a higher level of safety standards. Workers in high-risk fields such as utilities and construction, for instance, are typically protected under the law on worker's compensation. State-specific laws give workers compensation if they are injured during their employment. Railroad workers are also covered by the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow railroad workers injured by accidents to sue their employers for damages incurred by negligence of their employers or in violation of federal safety laws. Contrary to state laws regarding workers compensation, FELA doesn't automatically award the full amount of compensation to railroad workers injured. Instead, it requires railroad workers injured to prove that their employer was “legally negligent” in causing their injuries. FELA claims will be heard in federal courts, and railroad employees who are injured are entitled to an appeal to a jury. In a case that is a jury the jury has to decide that the railroad is liable for the injuries sustained by an injured employee or death. This conclusion should be based on the evidence presented in the case. It must also include evidence that the railroad failed to exercise a duty of care towards its employees, and that this negligence led to or contributed to the death or injury. Furthermore the jury must find that the railroad did not comply with one or more of the laws that are outlined in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. In the end, the jury has to determine the amount of damages that the plaintiff is accountable, and it may reduce the amount of the award by the proportion of the plaintiff's negligence caused or contributed to the injury or death. Applicability In 1908, Congress passed The Federal Employers' Liability Act to ensure the safety of railroad workers injured on the job. This law was different from the laws on workers' compensation of each state, and established a system by which injured railroad workers could directly sue their employers. FELA sets high standards for employer responsibilities and allows railroad workers who have been injured to claim damages in the event of injuries. FELA applies to employees of railroads that operate across state lines or internationally. It also applies to railroads who own and maintain rail lines that are used by interstate railroads. It exempts railroad employees from state workers' compensation, and gives them the ability to claim damages if they are injured while at work as a result of a violation or negligence of their employer. To be successful in a lawsuit brought under FELA an injured railroad worker must show that their employer violated the law and that the violation led to or caused their injury or death. The burden of evidence in a FELA case rests with the plaintiff and the court has the power to order a trial by jury in a FELA claim. To win a FELA lawsuit, an employee must prove that the railroad was accountable for their injuries or death. They must show that they were injured or killed as a result of a railroad's negligence, failure to provide safety education and equipment, or a violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If a jury awards damages to a plaintiff after an award the railroad is responsible for the payment of the damages. The jury has to be properly instructed about the law prior to beginning deliberations.