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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is growing, and with it, the chances of getting injured while working. In contrast to other types of workers railroad workers do not have access to state-run worker's compensation systems. They are protected under a federal law against employer negligence. Federal Employers Liability Act (FELA) is the name of this federal law. Liability Act (FELA). Here is the information you should know about the Federal Employers. Definition Railroad workers face unique safety issues. In order to prevent accidents at work, railroad workers are held to the highest standards. When a worker is injured while working it can be devastating and impact their entire life. Thankfully, there are laws that protect workers and ensure they get the compensation they require. The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from regular workers' comp, which protects workers in other sectors. Contrary to workers' compensation, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or inattention. This is where a FELA lawyer can really help. Congress passed FELA in 1908. The law stipulates that railroad companies 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 includes the failure to provide the proper safety equipment, training, or procedures or infractions of the Safety Appliance Act. Despite the fact that the law was enacted to offer protection to railroad workers, it also establishes high liability standards for all employers. Judges do not generally consider workers' compensation and FELA to be the same, but that is changing as more FELA cases are filed. It is essential to be aware of the differences between these laws in order to decide which is appropriate for your situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you with filing a claim for compensation under the FELA. fela claims railroad employees In general employers are responsible for ensuring their employees' safety at work. This is particularly applicable to workers in highly risky fields such as construction or utilities. In certain instances an employer's negligence could cause a worker to be injured or even dying. For this reason, employers in these fields are held to stricter safety guidelines. If an employee gets injured while at work, they must be compensated for medical expenses as well as lost income. While workers' compensation laws apply to a wide range of workers in the United States, there are special federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act (FELA), require a worker to prove their injury was the result of an employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for injuries suffered by them. The law was not meant to provide railroad workers with complete compensation. The law requires workers to demonstrate that the railroad was negligent in causing their injury. The law prohibits employers from denying a claim based on the contributory negligence. In general an injured worker must to show three things to be eligible for compensation under the FELA. Scope Railroad workers face a variety of risks. If they suffer injuries at work, they could sue their employer under a Federal Statute, referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just designed to protect workers but sets high standards for employers to adhere to. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred in the scope of the employee's job; (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 transport business; and (4) the railroad was negligent and its negligence was a factor in the causing of the injury. Some cases might fall under both workers' compensation and FELA. Both laws differ in various ways. An experienced lawyer can help you determine which law is best for your situation. Understanding these distinctions will save you time and money, and also avoid unnecessary confusion. Limitations Employers are responsible for the health and safety of their employees. However, certain industries and jobs pose a higher risk of injuries than others. This is why these employers are held to a stricter level of safety guidelines. People working in high-risk areas like construction and utilities, for instance, are typically covered under worker's compensation law. These state-specific laws provide workers compensation if they're injured during their job. In the same way, railroad workers are covered by federal law known as the Federal Employers' Liability Act (FELA codified at 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow railroad workers injured by accidents to sue their employers for damages caused by negligence of their employers or violation of federal safety laws. Unlike state workers compensation laws, FELA doesn't automatically award the full amount of compensation to railroad workers injured. Instead it requires injured railroad workers to prove that their employer was “legally negligent” in causing their injuries. FELA claims will be heard in federal courts, and railroad employees who have been injured are entitled to an appeal to a jury. In a jury trial, the jury will decide whether the railroad is accountable for the injury or death of an employee who has been injured. The verdict is based on the proofs presented in the case, which include that the railroad was negligent in failing to fulfill the proper care for its employees and that the railroad's negligence caused, or contributed to cause the death or injury. The jury must also find the railroad in breach of one or more statutes listed in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will determine the amount of damages for which the plaintiff is responsible and may also reduce the amount of the award by the percentage of the plaintiff's negligence caused or contributed to the death or injury. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to offer protection for railroad workers who suffered injuries on the job. This law was distinct from the workers' compensation laws of the individual states and provided a system whereby railroad workers who were injured could directly sue their employers. FELA sets high standards for the duties of employers and permits railroad workers injured to claim damages in the event of injuries. FELA is applicable to employees of railroads that operate across state lines or internationally. It also applies to railroads that operate and maintain railway tracks that are utilized by other interstate railroads. Railroad workers are exempt from state workers' compensation laws and allows to claim damages if they are injured at work because of a violation of federal safety statutes or due to the negligence of their employer. To be successful in a lawsuit under FELA the injured railroad worker must prove that their employer violated the act and that the violation caused or caused their injury or death. In a FELA lawsuit, the burden of proof lies on the plaintiff. The court may decide to require a jury to consider the FELA claim. In order to succeed in a FELA claim an employee must demonstrate that the railroad caused or contributed to their death or injury. They must prove that they were injured or killed due to the railroad's negligence or inability to provide safety equipment and/or training, or a violation of a safety law such as the Boiler Inspection Act. If the jury finds in favor of a plaintiff the railroad must compensate the damages awarded. The jury must be properly educated on the law prior to beginning deliberations.