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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry grows as is the chance of being injured on the job. Railroad workers are not covered by the state-run workers' compensation programs. Instead, they are covered by a federal law that protects workers 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 a distinct set of safety issues while on the job. In turn, they are required to meet higher standards when it comes to workplace-related injuries. A worker's injury on the job can have a devastating impact on their lives. Fortunately there are laws to protect workers and ensure that they receive the compensation they need. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the regular workers' compensation, which protects workers in other sectors. Unlike workers' comp, FELA claims are fault-based and must be proven through the evidence of negligence or inattention. A FELA attorney can be a great resource. Congress adopted FELA in 1908. fela accident attorney that railroad carriers are accountable for injuries or death of their employees. This liability only applies when the incident occurred in the course and scope of the employee's job, and was caused by the carrier's negligence. This includes the failure to provide the proper safety equipment, training, or procedures or infractions of the Safety Appliance Act. Despite the fact that the law was created to protect railroad workers, it also sets strict liability requirements for employers across all industries. Judges generally do not think of workers' compensation or FELA to be the same, but this is changing as more FELA cases are filed. This is why it is important to know the distinctions between these two laws so you can determine which one is suitable for your particular situation. The Lanier Law Firm has extensive experience in representing railroad workers and can assist you in filing a claim under the FELA. Purpose In general, employers are responsible to ensure the safety of their employees at work. This is particularly relevant for those who work in areas that are high-risk, such as construction and utilities. In some cases however, an employer’s negligence can result in a worker being injured or even dying. Employers in these sectors must adhere to more stringent safety regulations. When a person gets injured while working they are entitled to be compensated for their medical expenses and lost income. Workers' compensation laws protect many workers in the United States, there are particular federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA) requires a worker to prove their injury was the result of an employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad employees would receive compensation for their injuries. The law was not intended to give railroad workers full compensation. Instead the law requires an injured worker prove that their injury was caused by the railroad's negligence. The law prohibits employers from refusing to accept a claim that is based on the contributory negligence. In general the case of an injured worker, he or she must to show three things to be entitled to compensation under the FELA. Scope Railroad employees enjoy a unique working environment that is characterized by its own set of risks. If they get injured on the job they are entitled to a cause of action against their employer under a Federal law known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This crucial law doesn't only protect workers, but also sets high standards for employers to adhere to. A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred in the scope of the employee's job; (2) the employee was acting within the scope and of their duties; (3) the conduct in question was in furtherance of the employer's interstate transport business and (4) the railroad was negligent and caused the injury. While many injuries are covered under either workers' compensation or FELA, some cases may involve both. The two laws differ in a variety of ways, and a skilled lawyer can assist you in determining which one is best suited to your needs. Understanding these distinctions will save you money and time as well as to avoid confusion. Limitations Employers are accountable for the safety and well-being of their employees. However certain jobs and industries are more prone to injury than others. Therefore, those employers are held to a more strict standard of safety standards. For instance, employees in high-risk industries like utilities and construction are typically covered under worker's compensation laws. These state-specific laws offer compensation to workers injured while working. Similarly, 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 permits injured railroad workers to claim damages against employers resulting from their negligence or violation of federal safety laws. Unlike the state laws governing workers' compensation, FELA does not automatically give injured railroad workers full compensation. Instead, it requires railroad workers injured to prove that their employer was “legally negligent” in causing their injuries. FELA claims are usually handled in federal courts and railroad workers who have been injured are entitled to have their cases decided by a jury. In a trial that is a jury, the jury must decide if the railroad is responsible for the death or injury of an employee who has been injured. This finding must be based on proofs provided in the case for example, that the railroad was negligent in failing to fulfill a reasonable duty of care for its workers, and the negligence of the railroad caused, or contributed to cause the injury or death. The jury must also find the railroad in breach of one or more statutes in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will determine the amount of damages for which the plaintiff is responsible, and it may reduce the amount of the award by the percentage of negligence by the plaintiff that caused or contributed to the injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who sustained injuries while working. This law was distinct from the laws on workers' compensation of each state, and created a system in which railroad workers injured in an accident could directly sue their employers. FELA establishes high standards for the employer's responsibilities, and allows injured railroad workers to seek damages. FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads that own and maintain rail tracks that are used by other interstate railroads. Railroad workers are exempted from state workers' compensation laws and provides a mechanism to claim damages if they are injured at work because of a violation of federal safety regulations or due to the negligence of their employer. To be successful in a lawsuit filed under FELA an injured railroad worker must prove that their employer violated the act and that the breach caused or caused their death or injury. The burden of evidence in a FELA case lies with the plaintiff, and the court has the authority to order a trial by jury for an FELA claim. To be successful in a FELA claim an employee must show that the railroad was responsible for or contributed to their injury or death. They must show that they were injured or killed because of the negligence of a railroad, their failure to provide safety education and equipment, or violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If the jury is found to be that a plaintiff is the winner the railroad must pay the damages awarded. Before they begin deliberations, the jury should be fully informed about the law.