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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to expand, so too is the chance of being injured at work. Railroad workers aren't covered by state-run workers' compensation systems. Instead, they are protected by a federal law that protects them from negligence by employers. Federal Employers' Liability Act (FELA) is the name of this federal law. Liability Act (FELA). What you need to Know about the Liability Act (FELA). Definition Railroad workers face unique challenges in safety. In turn, they are expected to adhere to higher standards when it comes to work-related injuries. An injury sustained by a worker at work can have a a devastating impact on their life. Fortunately there are laws in place to protect workers and make sure they get the compensation they need. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the standard workers' compensation, which protects state workers in other industries. Unlike workers compensation, FELA claims must be proven by proving the employer's negligence. This is where a FELA lawyer can really help. Congress passed FELA (1908). The law states that railroad companies can be held accountable for the death or injury of an employee. However, this is only in the event that the accident occurred in the course of the employee's work and resulted from the negligence of the carrier. This includes failure to provide adequate safety equipment, training, or procedures, or violations of the Safety Appliance Act. The law was passed to protect railroad workers, however it also creates high standards of liability for employers in all industries. In general, workers' compensation and FELA are not considered the same by judges, but this is changing as more cases are filed under the FELA. As a result, it is essential to understand the differences between the two laws so you can determine which one is suitable for your situation. The Lanier Law Firm is experienced in representing railroad workers and can help you file an action under FELA. Purpose In general, employers are responsible to ensure the safety of their employees at work. This is particularly applicable to workers in high-risk sectors such as construction and utilities. In some cases however, an employer’s negligence can cause a worker to be injured or even dying. This is why employers in these fields are held to stricter safety guidelines. When an employee is injured at work, they should be compensated for their medical expenses as well as lost income. Workers' compensation laws cover many workers in the United States, there are specific federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act or FELA will require that a person to prove that their injuries were caused by an employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad employees received compensation for their injuries. It was not designed to provide railroad workers with full payment on a regular basis. The law requires that workers prove that the railroad was negligent in causing their injuries. The law prohibits employers from denying a claim based on the contributory negligence. In general the case of an injured worker, he or she must to be able to prove three things to receive damages under the FELA. Scope Railroad workers are at risk in a unique way. When they are injured while working, they have an action right against 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 prove four elements: (1) the injury occurred within the course of work; (2) the employee was acting within the scope and scope of his or her duties; (3) the conduct in question was in furtherance of the employer?s interstate transportation business; and (4) the railroad was negligent and its negligence was a factor in the causing of the injury. Many injuries are covered under either workers' compensation or FELA certain cases could fall under both. Both laws are different in numerous ways. A knowledgeable attorney can help determine which law is appropriate for your situation. Understanding these distinctions will save you time and money as well as avoid unnecessary confusion. Limitations Employers are accountable for the health and safety of their employees. However certain jobs and industries pose a higher risk of injuries than others. These employers are therefore subject to a higher level of safety standards. For instance, workers in high-risk industries like utilities and construction are usually covered by worker's compensation laws. These state-specific laws provide compensation to workers who are injured on the job. Railroad workers are also covered under the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law permits railroad workers injured by injuries to claim damages against employers resulting from their negligence or violation of federal safety laws. Unlike 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 will be handled in federal courts and railroad employees who are injured are entitled to trial by jury. In a jury trial the jury will decide whether the railroad is liable for the injury or death of an employee who has been injured. The conclusion must be based upon the evidence presented in the case. It must be based on the fact that the railroad failed to uphold a duty of respect to its employees and that negligence caused the death or injury. fela lawyers must also find the railroad 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 determine the amount to which the plaintiff is accountable. It could reduce the amount by the percentage that the plaintiff's negligence contributed to the injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to offer protection for railroad workers who had suffered injuries 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 directly sue their employers. FELA sets high standards for the duties of employers and allows railroad workers who have been injured to claim damages in the event of injury. FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads that have their own rail lines that are used by interstate railroads. Railroad employees are exempt from state workers' compensation, and allows them to claim damages if they suffer injuries at work due to a violation or negligence by their employer. In order to win a lawsuit under FELA railroad workers who have been injured must demonstrate that their employer has violated the law and that the violation led to or contributed to their death or injury. The burden of proof in a FELA case is on the plaintiff, and the court is able to require a jury trial for an FELA claim. To win a FELA claim an employee must demonstrate that the railroad caused or contributed to their injuries or death. They must prove that they were hurt or killed due to a railroad's negligence, inability to provide safety training and equipment, or violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If the jury gives damages to a plaintiff following a verdict the railroad is accountable for the payment of the damages. The jury must be properly informed about the law prior to their deliberations.