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The Federal Employers? Liability Act Protects Railroad Workers

The railroad industry is expanding and with it, the chances of getting injured while working. Railroad workers aren't covered by the state-run workers' compensation systems. Instead, they are covered by a federal law that shields them from employer negligence.

This law, which is federal, 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 challenges in safety. To avoid accidents at work, railroad workers are held to an elevated standard. If a worker is injured while working, it can be extremely devastating and affect their entire life. Fortunately, there are laws to protect these workers and ensure they get the compensation they deserve.

The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA is different from the standard workers' compensation, which covers state workers in other industries. In contrast to workers compensation, FELA claims must be proven by proving the negligence of the employer. This is where a FELA lawyer can really assist.

Congress adopted FELA (1908). The law stipulates that a railroad carrier can be held liable for the death or injury of an employee. This liability only applies when the incident occurred in the course and scope of the employee's work and was caused by the negligence of the railroad company. This includes failure to provide adequate safety equipment, training, or procedures or infractions of the Safety Appliance Act.

The law was passed to protect railroad workers but it also creates high standards of liability for employers in all sectors. Generally, workers compensation and FELA are not viewed as 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 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 with filing a claim for compensation under the FELA.

Purpose

In general, employers are responsible to ensure the safety of their employees at work. This is particularly relevant for workers in high-risk industries such as utilities and construction. In certain instances an employer's negligence could lead to a worker being injured or even dying. Employers in these sectors must follow stricter safety rules. When an employee is injured while at work, they must be compensated for their medical expenses as well as lost income.

Railroad workers are protected by federal laws that differ from the workers' compensation laws. These laws, referred to as the federal employers’ liability act Employers' Liability Act or FELA requires that a worker to prove that their injuries were caused due to the negligence of an employer.

In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for injuries suffered by them. It was not intended to grant railroad workers complete compensation on the spot. The law requires railroad workers to demonstrate that the railroad was negligent in causing their injuries. The law also prohibits employers from denying a claim by an employee on the basis of negligence that is contributory.

As a general rule an injured worker must demonstrate the following three elements to be awarded damages under the FELA:

Scope

Railroad employees have a unique working environment that comes with its own set of risks. When they are injured at work, they have the right to sue their employer under a Federal statute known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This law isn't just designed to protect workers but sets high standards for employers to follow.

A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred in the scope of employment; (2) the employee was acting within the scope 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 caused the injury.

Some cases might fall under both workers compensation and FELA. Both laws are different in various ways. A knowledgeable attorney can help determine which law is appropriate for your particular situation. Knowing these distinctions will save your time and money, as well as avoiding unnecessary confusion.

Limitations

Employers are accountable for the security and well-being of their employees. However certain occupations and industries pose a higher risk of injury than others. Therefore, those employers are held to a stricter standard of safety guidelines. People working in high-risk areas such as utilities and construction, for instance, are typically covered under worker's compensation law. These state-specific laws offer workers compensation if they are injured in the course of their job. In the same way, railroad workers are covered under federal law known as the Federal Employers' Liability Act (FELA codified in 45 U.S.C. 51-60).

In 1908, Congress passed the FELA. This law allows railroad workers injured by injuries to sue employers for damages caused by their negligence or in violation of federal safety laws. Contrary to state laws regarding workers compensation, FELA doesn't automatically award the full amount of compensation to railroad workers who have been injured. It requires railroad workers who have been injured to demonstrate that negligence by their employers was the reason for their injuries.

FELA claims are generally heard in federal employers’ liability court and railroad workers who have been injured are entitled to have their cases decided by a jury. In a jury case the jury must decide that the railroad was responsible for the injuries sustained by an injured employee or death. The verdict must be based on the evidence presented in the case, which include that the railroad was negligent in not exercising a reasonable duty of care for its employees and that the railroad's negligence caused or contributed to the cause of the death or injury.

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 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 it may reduce the amount of the award by the proportion of negligence by the plaintiff that caused or contributed to the death or injury.

Applicability

In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who sustained injuries while on the job. This law was different from the laws on workers' compensation of each state, and created a system in which injured railroad workers could directly sue their employers. FELA establishes high standards for the employer's obligations and allows injured railroad employees to recover damages.

FELA is applicable to employees of railroads that operate across state lines or internationally. It also applies to railroads that manage and own rail tracks that are used by other interstate railroads. Railroad workers are exempted from state laws on workers' compensation and allows to claim damages if they are injured at work because of a violation to federal safety laws or due to the negligence of their employer.

To prevail in a lawsuit brought under FELA an injured railroad worker must show that their employer acted in violation of that act and that this violation caused or contributed their injury or death. In a FELA lawsuit, the burden of proof falls on the plaintiff. The court may decide to order a jury to hear a fela attorneys claim.

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