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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to expand as does the risk of being injured on the job. In contrast to other types of workers railroad workers do not have access to state-run workers' compensation systems. Instead, they have a federal law that protects workers from negligence by employers. This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). What fela claims need to Know about the Liability Act (FELA). Definition Railroad workers face a unique set of safety challenges when working. As a result, they are held to higher standards when it comes to injuries that are related to work. An injury sustained by a worker during work can have devastating consequences for their life. Thankfully there are laws to protect workers and make sure they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA differs from regular workers' compensation, which covers state workers in other industries. As opposed to workers' compensation, FELA claims must be proven by proving the negligence of the employer. This is where a FELA lawyer can be of great help. Congress approved FELA (1908). The law states that railroad carriers are responsible for any injury or death of their employees. This is only the case when the incident occurred in the scope and course of the employee's job, and was caused by the carrier's negligence. This could be due to the carrier's failure to provide adequate safety equipment, training, and procedures or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. Despite the fact that the law was passed to offer protection to railroad workers, it also sets high-risk standards for employers in all industries. Generally speaking, workers compensation and FELA are not viewed as the identical by judges, however this is changing as more cases are being filed under the FELA. It is crucial to know the distinctions between these laws in order to decide which is appropriate for your specific 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 accountable to ensure the safety of their employees at work. This is especially relevant for those who work in high-risk fields like construction and utilities. In some cases however an employer's negligence could result in a worker being injured or even dying. For this reason, employers in these industries are required to adhere to stricter safety guidelines. If a worker is injured while working, they deserve to be compensated for medical expenses and lost earnings. While the laws on workers' compensation cover many workers in the United States, there are special federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA) requires workers to prove that their injury was caused by an employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers be compensated for injuries they sustained. The law was not designed to provide railroad workers with complete compensation. Instead the law requires the injured worker prove that their injury was caused by the railroad's negligence. The law also prohibits employers from denying an employee's claim on the basis of negligence that is contributory. In general, an injured worker has to be able to prove three things to be eligible for compensation under the FELA. Scope Railroad employees have a unique working environment that comes with the risk of its own. If they are injured at work, they can sue their employer under a Federal Statute known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This crucial law doesn't only protect workers, but also sets high standards for employers to follow. A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred within the scope of employment; (2) the employee was acting within 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 transport business; and (4) the railroad was negligent and played some part in causing the injury. Some cases may fall under both workers' compensation and FELA. The two laws differ in several ways, and a knowledgeable lawyer can assist you in determining which one best suits your requirements. Understanding the differences can save you time and money, as well avoid unnecessary confusion. Limitations Employers are responsible for the safety and well-being of their employees. Certain industries and occupations pose a greater risk of injuries. Employers are subject to a higher level of safety guidelines. For example, workers in high-risk sectors such as construction and utilities are often protected by laws governing worker's compensation. These state-specific laws provide the right to compensation for workers injured on the job. The same is true for railroad workers. 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 incurred by their employer's negligence or violation of federal safety statutes. In contrast to state workers' compensation laws, FELA does not automatically award 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 are typically handled in federal courts, and injured railroad workers are entitled to have their cases decided by juries. In a jury trial, the jury must decide if the railroad is responsible for the injury or death of an injured employee. This conclusion must be based on the evidence that are presented in the case including that the railroad was negligent in failing to exercise the proper care for its workers, and the negligence of the railroad caused or contributed to the cause of, the injury or death. The jury must also find that the railroad is in violation of any 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 then determine the amount for which the plaintiff has to be accountable. The jury may reduce the amount by the proportion that the plaintiff's negligence was responsible to the death or injury. Applicability In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers who were injured on the job. This law was different from the workers' compensation laws in the individual states and created an avenue through which 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 recover damages in cases of injuries. FELA is applicable to railroad employees who work across state lines or even internationally. It is also applicable to railroads that have their own railroad lines that are utilized by interstate railroads. Railroad employees are not covered by state workers' compensation, and gives them the ability to claim damages if they suffer injuries at work due to a violation or negligence by their employer. To win a lawsuit under FELA an injured railroad worker must prove that their employer violated that act and that this violation caused or contributed their injury or death. The burden of the burden of proof in a FELA case is on the plaintiff and the court has the power to require a jury trial for 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 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 to award damages to a plaintiff following a verdict, the railroad is responsible for paying the damages. Before they begin deliberations, the jury has to be fully informed about the law.