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The Federal Employers? Liability Act Protects Railroad Workers

As the railroad industry continues to grow and expand, so does the risk of being injured while working. Railroad workers are not covered by state-run workers' compensation systems. Instead, they are covered by a federal law that protects them from negligence by employers.

This federal law is referred to as the Federal Employers? Liability Act (FELA). Here's what you should know about the Federal Employers.

Definition

Railroad workers face unique challenges in safety. To prevent work-related accidents, railroad workers are held to a higher standard. If a worker gets injured while working it can be devastating and impact their entire life. Fortunately there are laws to protect these workers and make sure they get the compensation they deserve.

The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from regular workers' compensation, which protects state workers in other sectors. Unlike workers' comp, FELA claims are fault-based and require the evidence of negligence or inattention. A FELA attorney can be of great assistance.

Congress approved FELA (1908). The law says that railroad carriers can be held liable for the injury or death of an employee. However, this only applies in the event that the accident occurred in the course of the employee's work and resulted from the negligence of the carrier. This could be due to the carrier's failure to provide sufficient safety equipment, training and procedures or infractions of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.

The law was enacted to protect railroad workers, but it also creates high standards of responsibility for employers across all industries. Generally speaking, workers compensation and FELA are not considered the same by judges, but this is changing as more cases are being filed under the FELA. It is crucial to know the distinctions between these laws to decide which is appropriate for your specific situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you in filing claims under FELA.

Purpose

In general, employers are responsible to ensure the safety of their employees while at work. This is particularly applicable to employees in high-risk fields such as construction and utilities. In some cases however an employer's negligence could cause a worker to be injured or even dying. Employers in these sectors must adhere to stricter safety rules. If someone is injured while working they are entitled to be paid for their medical bills and lost income.

Railroad workers are protected under federal laws, which differ from the laws governing workers' compensation. These laws, also known as the Federal Employers' Liability Act (FELA) requires the worker to prove that their injury was the result of an employer's negligence.

In 1908, Congress passed FELA in order to ensure that railroad workers received compensation for their injuries. The law was not meant to give railroad workers full compensation. Instead the law requires an injured worker prove that their injury was caused by railroad's negligence. The law prohibits employers from denying a claim that is based on the negligence of a contributor.

In general, an injured worker has to show three things to be entitled to compensation under the FELA.

Scope

Railroad workers face unique risks. If they suffer injuries 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 crucial law doesn't only safeguard workers, it also sets high standards for employers to adhere to.

A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred within the scope of work; (2) the employee was acting in the course and of their duties; (3) the conduct that was at issue was in the service 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 may be covered under both workers compensation and FELA. The two laws differ in several ways, and a seasoned lawyer can help you decide which one best suits your needs. Knowing these distinctions can save you time and money, as well as avoiding unnecessary confusion.

Limitations

Employers across the country are accountable for keeping their employees secure and free of harm. However, certain industries and jobs have a higher risk of injury than others. Thus, these employers are held to a stricter standard of safety guidelines. For instance, employees in high-risk fields such as utilities and construction are usually covered under worker's compensation laws. State-specific laws give workers compensation if they are injured in the course of 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 caused due to their employer's negligence or in violation of federal safety laws. Unlike state workers compensation laws, fela federal employers liability act 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 handled in federal courts and railroad employees who are injured are entitled to trial by jury. In a jury trial, the jury must find that the railroad was liable for an injured employee's injury or death. This conclusion must be based on the proofs provided in the case which include that the railroad was negligent in failing to fulfill a reasonable duty of care for its workers, and that the railroad's negligence led to, or contributed to cause, the injury or death.

Additionally the jury must find that the railroad violated one or more of the statutes set forth in the fela lawsuits instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. Finally, the jury must determine the amount of damages for which the plaintiff is liable and can reduce the amount of the award by the proportion of negligence by the plaintiff that caused or contributed to the injury or death.

Applicability

In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers injured on the job. This law was different than the laws for workers' compensation in the individual states and created an opportunity for injured railroad workers could sue their employers directly. FELA sets high standards for the obligations of employers and allows railroad workers who have been injured to claim damages in the event of injury.

FELA is applicable 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. Railroad workers are exempted from state laws on workers' compensation and provides a mechanism to claim damages if they are injured while working because of a violation of federal safety statutes or due to the negligence of their employer.

To be successful in a lawsuit filed under FELA the injured railroad worker must prove that their employer violated the act and that the violation caused or contributed to their death or injury. In a FELA lawsuit the burden of proof falls on the plaintiff. The court may require a jury to consider the FELA claim.

To win a FELA lawsuit, an employee has to demonstrate that the railroad was at fault for their injury or death. They must show that they were injured or killed due to the railroad's negligence, or inability to provide safety equipment or training, or a violation of a safety law such as the Boiler Inspection Act. If the jury finds that a plaintiff is the winner, the railroad must pay the damages awarded. Before they begin their deliberations, the jury has to be fully informed about the law.