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The Federal Employers? Liability Act Protects Railroad Workers The industry of railroads is growing, and with it, the chances of being injured on the job. As opposed to other types of employees railroad workers do not have access to the state-run worker's compensation systems. Instead, they have a federal law that shields them from negligence by employers. 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 safety challenges. To avoid work-related accidents, railroad workers are held to an elevated standard. A worker's injury during work can have devastating consequences for their lives. Fortunately, there are laws to protect workers and ensure they receive 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 covers state workers in other sectors. As opposed to workers compensation, FELA claims must be proved by proving an negligence of the employer. This is where a FELA lawyer can be of great help. Congress passed FELA (1908). The law stipulates that a railroad carrier is responsible for any injury or death of their employees. This liability is only applicable in the event that the incident occurred within the context of the employee's job, and was caused by the carrier's negligence. This could be due to the carrier's failure to provide sufficient 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 in order to provide protection to railroad workers, it also establishes high-risk standards for employers in all industries. Judges do not generally think of workers' compensation or FELA to be the same thing, but this is changing as more FELA cases are filed. It is crucial to know the distinctions between these laws to choose which is 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 As a general rule employers are accountable for keeping their employees safe at work. This is particularly applicable to workers in high-risk industries such as utilities and construction. In certain instances the employer's negligence could result in a worker getting hurt or even dying. Because of this, employers in these fields are held to stricter safety guidelines. When an employee is injured at work, they should be compensated for medical expenses and lost income. Railroad workers are protected by federal laws that differ from the laws governing workers' compensation. These laws, known as the Federal Employers' Liability Act (FELA) requires workers to prove that their injury was the result of an employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers would be compensated for injuries they sustained. The law was not meant to give railroad workers full compensation. The law requires railroad workers to prove 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 negligence that is contributory. In general an injured worker must to show three things to be eligible for compensation under the FELA. Scope Railroad workers face unique risks. If they get injured on the job they are entitled to the right to sue their employer under a Federal statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just designed to protect workers but sets high standards for employers to adhere to. A Tennessee worker who seeks compensation under FELA must demonstrate four things: 1)) the injury occurred within the context of employment,) the employee acted within the course and scope and his or her duties, 3) the act in question was detrimental to the employer's interstate transport business, and four) the railroad was negligent. fela claims Accident Injury Lawyers may fall under both workers compensation and FELA. The two laws differ in a variety of ways, and a skilled lawyer can help you decide which one is best suited to your requirements. Having an understanding of these distinctions will save your time and money, as well as avoid unnecessary confusion. Limitations Employers across the country are accountable to ensure that their employees are safe and unharmed. Certain industries and professions carry higher risk of injuries. These employers are therefore required to meet a higher standard of safety guidelines. People working in high-risk areas like construction and utilities, for instance, are usually covered under the law of worker's compensation. State-specific laws give workers compensation in the event that they are injured during their job. Railroad workers are also covered under the Federal Employers' Liability Act that is codified in the form of 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law permits railroad workers injured by injuries to sue employers for damages resulting from their negligence or a violation of federal safety laws. In contrast to state workers' compensation laws, FELA doesn't automatically award full compensation to railroad workers who have been injured. It requires injured railroad workers to show that negligence by their employers was the reason for their injuries. FELA claims are usually handled in federal courts and railroad workers who are injured are entitled to have their cases decided by juries. In a jury trial the jury must decide that the railroad is liable for the injury or death of an employee or death. The verdict must be based on the proofs presented in the case, which include that the railroad was negligent in failing to exercise the proper care for its workers, and that the railroad's negligence led to 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 the Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will determine the amount to which the plaintiff is held accountable. The jury may reduce the amount by the percentage that negligence by the plaintiff contributed to the injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who suffered injuries while on the job. This law was different from the laws governing workers' compensation of the individual states and created a system in which railroad workers injured in an accident could directly sue their employers. FELA sets high standards for the employer's obligations, and permits railroad employees who are injured to seek damages. FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads who own and maintain railroad lines that are utilized by interstate railroads. It exempts railroad workers from the state's workers' compensation laws and provides a mechanism to claim damages if they are injured on the job because of a violation of federal safety statutes or the negligence of their employer. In order to win a lawsuit filed under FELA an injured railroad worker must prove that their employer has violated the law and that the violation caused or contributed to their injury or death. The burden of proof in a FELA case is on the plaintiff and the court has the authority to order a jury trial in the purpose of a FELA claim. To win a FELA lawsuit, an employee must show that the railroad was at fault for their injury or death. They must show that they were hurt or killed due to the negligence of a railroad, their inability to provide safety training and equipment, or in violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury finds in favor of a plaintiff, the railroad must pay the damages awarded. Before they begin their deliberations, the jury must be informed of the law.