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The Federal Employers? Liability Act Protects Railroad Workers

The industry of railroads is growing and with it comes the risk of injury on the job. In contrast to other types of workers, railroad workers do not have access to state-run worker's compensation systems. Instead, they are covered by a federal law that protects them from employer negligence.

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

Definition

Railroad workers face a unique variety of safety concerns when working. As a result, they are held to higher standards in regards to injuries that are related to work. If a worker gets injured on the job, it can be extremely devastating and affect their entire life. Luckily there are laws that protect workers and ensure that they get the compensation they deserve.

The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA is different from regular workers' compensation, which protects state workers in other industries. Unlike workers' compensation, FELA claims must be established by proving the employer's negligence. This is where a FELA lawyer can really help.

Congress passed FELA (1908). The law says that a railroad carrier is liable for the death or injury of an employee. This liability only applies in the event that the incident occurred within the course and scope of the employee's job, and was caused by the carrier's negligence. This could include the failure to provide the proper safety equipment, training, and procedures or violations of the Safety Appliance Act.

Despite the fact that the law was passed to offer protection to railroad workers, it also creates strict liability requirements for employers across all industries. Generally, workers compensation and FELA are not viewed as the same by judges, but this is changing as more cases are being filed under the FELA. Therefore, it is essential to understand the differences between the two laws, so that you can decide which one is the best for your situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in submitting a claim under the FELA.

Purpose

In general employers are responsible to ensure their employees are safe at work. This is especially applicable to workers in high-risk fields, such as construction and utilities. In certain instances however, an employer's negligence could result in workers being injured or even dying. Employers in these industries must adhere to more stringent safety standards. When an employee is injured at work, they should be compensated for medical expenses as well as lost income.

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

In 1908, Congress passed the FELA to ensure that railroad workers be compensated for injuries they sustained. It was not intended to grant railroad workers complete compensation on the spot. The law requires that workers demonstrate that the railroad was negligent in causing their injuries. The law prohibits employers from denying a claim based on the contributory negligence.

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

Scope

Railroad employees have an unique work environment that comes with its own set of risks. When they are injured on the job they are entitled to an action right against their employer under a Federal statute known as The Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This pivotal law doesn't just protect workers, but also sets high standards for employers to follow.

A Tennessee worker seeking compensation under FELA must demonstrate four things: 1) the injury occurred within the scope of employment,) the employee acted within the course and scope of the duties he or she performed, 3) the conduct in question furthered the employer's interstate transportation business, and four) the railroad was negligent.

While a lot of injuries fall under either workers' compensation or FELA Some cases may require both. The two laws differ in several ways, and a seasoned lawyer can assist you in determining which one best suits your needs. Understanding these differences will save you money and time as well as to avoid confusion.

Limitations

Employers across the nation are responsible for keeping their employees secure and free of harm. However certain jobs and industries have a higher risk of injury than others. These employers are therefore held to a higher standard of safety guidelines. Workers in high-risk fields like construction and utilities, for instance, are typically protected under the law on worker's compensation. State-specific laws give workers compensation in the event that they are injured in the course of their job. Similarly, railroad workers are protected by federal law, known as the Federal Employers' Liability Act (FELA codified in 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 by negligence of their employers or in violation of federal safety laws. In contrast to the laws of state workers' compensation, FELA does not automatically give injured railroad workers full compensation. It requires railroad workers who have been injured to demonstrate that negligence by their employers was the reason for their injuries.

FELA claims will be handled in federal courts and railroad workers who are injured are entitled to an appeal to a jury. In a jury trial the jury must decide that the railroad was liable for the injuries sustained by an injured employee or death. This finding must be based on the evidence that are presented in the case for example, that the railroad was negligent in failing to exercise the proper care for its employees and the negligence of the railroad caused or contributed to the cause of the death or injury.

The jury must also find that the railroad is in breach of one or more of the statutes mentioned in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will determine the amount to which the plaintiff is accountable. It could reduce the amount by the proportion that the plaintiff's negligence was responsible 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 worksite. This law was distinct from the laws on workers' compensation of individual states, and provided a system whereby railroad workers injured in an accident could directly sue their employers. FELA establishes high standards for employers' obligations and allows injured railroad workers to seek damages.

FELA is applicable to railroad employees who work across state lines, or even internationally. It is also applicable to railroads that manage and own rail lines that are used by interstate railroads. It exempts railroad workers from state workers' compensation laws and provides a means for claiming damages when they are injured on the job due to a violation of federal safety regulations or due to the negligence of their employer.

To be successful in a lawsuit brought under FELA an injured railroad worker must show that their employer violated the act 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 can require a jury to consider a FELA claim.

To win a FELA lawsuit the employee must prove that the railroad was accountable 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 in violation of a safety rule such as the Boiler Inspection Act. If the jury is found to be in favor of a plaintiff the railroad must pay the damages that were awarded. The jury must be properly instructed about the law prior to their deliberations.