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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is expanding and so are the risks of being injured on the job. Railroad workers are not covered by the state-run workers' compensation programs. They are protected under federal law against employer negligence. This federal law is referred to as the Federal Employers? Liability Act (FELA). Here is the information you should know about the Federal Employers. Definition Railroad workers face a distinct set of safety issues while on the job. This is why they are required to meet higher standards in regards to work-related injuries. When a worker is injured on the job, it can be extremely devastating and affect their entire life. Fortunately there are laws in place 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 the regular workers' compensation which covers workers in other industries. Unlike workers compensation, FELA claims must be proven by proving the negligence of the employer. A FELA attorney can be a great resource. Congress passed FELA (1908). The law states that a railroad carrier can be held liable for the death or injury of an employee. However, this only applies when the incident occurred during the employee's employment and stemmed from the negligence of the carrier. This includes failure to provide sufficient safety equipment, training, and procedures or infractions of the Safety Appliance Act. Despite the fact that the law was passed to protect railroad workers, it also establishes high liability standards for employers across all industries. Generally, workers compensation and FELA aren't considered to be the same by judges, but this is changing as more cases are filed under the FELA. It is important to understand the differences between these laws to choose which is best 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. Purpose As a general rule, employers are responsible for ensuring their employees' safety at work. This is especially applicable to workers in highly risky fields such as construction or utilities. In some cases the negligent employer can lead to a worker getting hurt or even dying. This is why employers in these industries are required to adhere to more stringent safety standards. If a worker is injured while working, they deserve to be compensated for their medical bills and lost earnings. Railroad workers are protected by federal laws that differ from workers' compensation laws. These laws, also known as the Federal Employers' Liability Act or FELA, require a worker to prove that their injury was resulted from an employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad workers would receive compensation for their injuries. The law was not designed to provide railroad workers with full compensation. The law requires railroad workers to demonstrate that the railroad was negligent in causing their injuries. The law prohibits employers from refusing to accept a claim based on the contributory negligence. As a general rule, 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 has the risk of its own. If they are injured while at work, they could 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 prove four elements: (1) the injury occurred within the scope of the employee's job; (2) the employee was acting in the course and of their duties; (3) the conduct was in the interest of the employer's interstate transportation business and (4) the railroad was negligent and caused the injury. Many injuries are covered under either workers' compensation or FELA certain cases could fall under both. Both laws are different in numerous ways. A knowledgeable lawyer can assist you in determining the best law for your particular situation. Understanding the differences can save you time and money as well as avoid confusion. Limitations Employers across the nation are responsible to ensure that their employees are secure and free of harm. Certain occupations and industries pose the highest risk of injuries. Thus, these employers are held to a stricter standard of safety standards. Workers in high-risk fields such as utilities and construction, for instance, are typically covered under the law of worker's compensation. These state-specific laws offer the right to compensation for workers injured while working. In the same way, railroad workers are protected 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 in violation of federal safety laws. Contrary to the state laws governing workers' compensation, FELA does not automatically give injured railroad workers full compensation. Instead, it requires injured railroad workers to show that their employer was “legally negligent” in causing their injuries. FELA claims will be handled in federal courts and railroad workers who are injured are entitled to trial by jury. In a jury case, the jury must find that the railroad is liable for the injuries sustained by an injured employee or death. This conclusion must be based on evidence that are presented in the case for example, that the railroad was negligent in failing to fulfill the proper care for its workers, and the negligence of the railroad caused or contributed to causing, the injury or death. The jury must also find that the railroad is in violation of any one or more of the statutes mentioned 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 that the plaintiff is responsible, and it may reduce the amount of the award by the proportion of the plaintiff's negligence that caused or contributed to the death or injury. Applicability In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the worksite. This law was different than the laws for workers' compensation in individual states and provided a system through which injured railroad workers could directly sue their employers. FELA establishes high standards for the employer's obligations, and permits injured railroad workers to seek damages. FELA is applicable to railroad employees who work across state lines, or even internationally. federal employers’ liability act applies to railroads that own and maintain railroad lines that are utilized by interstate railroads. Railroad workers are exempt from state workers' compensation laws and allows for claiming damages when they are injured on the job because of a violation to federal safety regulations or the negligence of their employer. To win a lawsuit under FELA railroad workers who have been injured must show that their employer acted in violation of that act and that this violation led to their injury or death. The burden of evidence in a FELA case rests with the plaintiff and the court has the authority to order a trial by jury for the purpose of a FELA claim. To win a FELA lawsuit, an employee must prove that the railroad was accountable for their injury or death. They must prove that they were injured or killed as a result of the railroad's negligence or inability to provide safety equipment and training, or a violation of a safety act such as the Boiler Inspection Act. If the jury decides that a plaintiff is the winner the railroad must pay the damages that were awarded. Before beginning their deliberations, the jury has to be informed of the law.