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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is expanding, and so are the risks of getting injured at work. As opposed to other types of employees, railroad workers do not have access to state-run worker's compensation systems. They are protected under a federal law against employer negligence. This federal law is referred to as the Federal Employers? Liability Act (FELA). What you need to Know about the Liability Act (FELA). Definition Railroad workers face a unique set of safety challenges while on the job. To avoid work-related accidents, railroad workers are held to an elevated standard. If a worker is injured on the job it can be devastating and have a negative impact on their life. Luckily, there are laws to protect workers and ensure that they get the compensation they deserve. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from regular workers' comp, which is a type of insurance that covers workers in other sectors. In contrast to workers compensation, FELA claims must be established by proving the negligence of the employer. A FELA attorney can be a great resource. Congress adopted FELA in 1908. The law stipulates that railroad carriers are liable for an injury or death of their employees. This liability only applies when the incident occurred in the context of the employee's work and was caused by negligence on the part of the carrier. This includes the failure to provide sufficient safety equipment, training, or procedures, or violations of the Safety Appliance Act. The law was passed to protect railroad workers but it also establishes high standards of responsibility for employers across all sectors. Judges generally do not think of workers' compensation or FELA to be the same, however this is changing as more FELA cases are filed. This is why it is important to know the distinctions between these two laws to choose which one is best for your case. The Lanier Law Firm has extensive experience representing railroad workers and can assist you with filing a claim for compensation under the FELA. Purpose As a rule employers are accountable for ensuring their employees' safety at work. This is particularly applicable to employees in high-risk fields such as utilities and construction. In some instances the employer's negligence can result in an employee being injured or even dying. Because of this, employers in these industries are required to adhere to more stringent safety standards. If an employee is 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 the laws governing workers' compensation. These laws, referred to 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 the FELA to ensure that railroad workers would be compensated for injuries they sustained. The law was not meant to provide railroad workers with full compensation. Instead, the law requires that a worker prove their injury was caused by railroad's negligence. The law also prohibits employers from denying an employee's claim on the ground of contributory negligence. As a rule, an injured worker must demonstrate the following three elements to be awarded damages under the FELA: Scope Railroad workers are at risk in a unique way. If they are injured while at work, they may 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 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 work; (2) the employee was acting in the course and of the scope of his 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 its negligence was a factor in the causing of the injury. While a lot of injuries fall under either workers compensation or FELA Some cases may require both. The two laws differ in many ways, and a knowledgeable lawyer can assist you in determining which one is best suited to your requirements. Understanding these distinctions will save you time and money, as well as avoiding unnecessary confusion. Limitations Employers are accountable for the security and well-being of their employees. Certain industries and professions carry higher chance of injuries. Thus, these employers are held to a stricter standard of safety standards. For example, workers in high-risk sectors such as utilities and construction are typically protected by laws governing worker's compensation. These state-specific laws offer the right to compensation for workers injured while working. 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 FELA to allow railroad workers injured in the line of duty to sue their employers for damages caused due to their employer's negligence or violation of federal safety statutes. Unlike state workers compensation laws, FELA doesn't automatically award full compensation to railroad workers injured. It requires railroad workers who have been injured to demonstrate that negligence by their employers was the cause of their injuries. FELA claims will be considered in federal courts, and railroad employees who have been injured are entitled to a jury trial. 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. The conclusion must be based on the evidence presented in the case. It must also include evidence that the railroad did not uphold a duty of respect towards its employees, and that this negligence contributed to the injury or death. The jury must also find that the railroad is in breach of one or more statutes 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 to which the plaintiff has to be held liable. It could reduce the amount by the percentage 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 distinct from the workers' compensation laws of individual states, and provided a system whereby railroad workers injured in an accident could directly sue their employers. FELA sets high standards for employers' responsibilities, and allows injured railroad employees to recover damages. FELA applies to employees of railroads that operate across state lines or internationally. It also applies to railroads that operate and maintain rail tracks that are used by other interstate railroads. It exempts railroad workers from state workers' compensation laws and provides a means to claim damages if they are injured on the job due to a violation of federal safety statutes or the negligence of their employer. To be successful in a lawsuit brought under FELA, an injured railroad worker must prove that their employer violated the law and that the violation led to or caused their death or injury. In a FELA lawsuit, the burden of proof is on the plaintiff. The court may decide to require a jury to consider the case of a FELA claim. To win a FELA lawsuit, an employee must show that the railroad was accountable for their injuries or death. They must show that they were injured or killed because of the negligence of the railroad, its failure to provide safety education and equipment, or violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If fela lawyer decides that a plaintiff is the winner, the railroad must pay the damages that were awarded. Before they begin their deliberations, the jury has to be informed of the law.