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The Federal Employers? Liability Act Protects Railroad Workers

As the railroad industry continues to grow as is the possibility of being injured while working. Railroad workers are not covered by the 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). What you need to Know about the Liability Act (FELA).

Definition

Railroad workers face unique safety challenges. This is why they are required to meet higher standards in regards to workplace-related injuries. An injury sustained by a worker on the job can have devastating effects on their lives. Fortunately there are laws in place to protect these workers and ensure they get the compensation they deserve.

The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from the regular workers' compensation which protects workers in other sectors. In contrast to workers compensation, FELA claims must be proved by proving an employer's negligence. A FELA attorney can be a great resource.

Congress approved FELA in 1908. The law stipulates that a railroad carrier can be held liable for the death or injury of an employee. This liability only applies in the event that the incident occurred within the context of the employee's work and was caused by the carrier's negligence. This could include the failure to provide sufficient safety equipment, training, and procedures, or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act.

The law was passed to protect railroad workers, however it also establishes high standards of liability for employers in all industries. In general, 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 important to understand the distinctions between these laws in order to determine which one is the best for your situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in filing a claim under the FELA.

Purpose

In general, employers are accountable to ensure the safety of their employees while at work. This is particularly true for employees in high-risk fields, like construction and utilities. In some instances, however, an employer's negligence could result in workers being injured or even dying. For this reason, employers in these industries are required to adhere to more stringent safety standards. When a person gets injured on the job they are entitled to be compensated for medical expenses and lost income.

While workers' compensation laws apply to a wide range of workers in the United States, there are specific federal laws that protect railroad workers. These laws, known as the Federal Employers' Liability Act (FELA) will require workers to prove that their injury was caused by the employer's negligence.

In 1908, Congress passed FELA in order to ensure that railroad employees would be compensated for injuries. The law was not designed to give railroad workers full compensation. The law requires railroad workers to demonstrate that the railroad was negligent in causing their injury. The law also prohibits employers from denying a claim by an employee on the basis of contributory negligence.

As a general rule an injured worker must prove the following three things in order to be awarded damages under the FELA:

Scope

Railroad workers are at risk in a unique way. If they get injured at work they may have 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 adhere to.

A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred in the scope of the employee's job; (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 transportation business; and (4) the railroad was negligent and its negligence played some part in causing the injury.

Certain cases could be covered under both workers' compensation and FELA. The two laws differ in several ways, and a skilled attorney can help you determine which one is best suited to your needs. Having an understanding of these distinctions can save you time and money, and also avoid unnecessary confusion.

Limitations

Employers across the nation are accountable to ensure that their employees are protected and safe. However certain jobs and industries pose a higher risk of injuries than others. Employers are required to meet a higher standard of safety standards. For instance, employees in high-risk fields such as utilities and construction are usually covered under worker's compensation laws. These state-specific laws offer the right to compensation for workers injured on the job. The same is true for railroad workers. covered under 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 injured railroad workers to sue their employers for damages caused due to their employer's negligence or in violation of federal employers’ liability act safety statutes. Contrary to the state laws governing workers' compensation, FELA does not automatically award injured railroad workers full compensation. It requires injured railroad workers show that their employer's negligence was the reason for their injuries.

FELA claims are typically handled in federal courts, and injured railroad workers are entitled to have their cases decided by jury. In a jury trial the jury must decide that the railroad is liable for the injuries sustained by an injured employee or death. This conclusion should be based on the evidence presented in the case. It must be based on the fact that the railroad did not exercise a duty of care towards its employees, and that this negligence caused the injury or death.

The jury must also find that the railroad is in violation of one or more statutes listed in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will then determine the amount at which the plaintiff must be held liable. It could reduce the amount by the percentage that negligence by the plaintiff 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 job. This law was different from the workers' compensation laws of the individual states and created a system in which injured railroad workers could directly sue their employers. FELA establishes high standards for employers' responsibilities, and allows railroad employees who are injured to seek damages.

FELA is applicable to railroad employees who work across state lines, or even internationally. It is also applicable to railroads that own and maintain railway lines that are used by interstate railroads. Railroad employees are exempt from state workers' compensation, and gives them the ability to seek damages if they are injured at work as a result of a lapse or negligence of their employer.

In order to win a lawsuit under FELA an injured railroad worker must prove that their employer violated the law and that this violation led to or contributed to their death or injury. In a FELA lawsuit, the burden of proof falls on the plaintiff. The court can require a jury to consider the case of a FELA claim.

To win a FELA claim an employee must show that the railroad was responsible for or contributed to their injury or death. They must prove that they were injured or killed due to the railroad's negligence or inability to provide safety equipment and training, or because of a violation of a safety rule such as the Boiler Inspection Act. If the jury decides in favor of a plaintiff, the railroad must pay the damages that were awarded. Before beginning their deliberations, the jury must be informed of the law.