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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 getting injured at work. Railroad workers aren't covered by the state-run workers' compensation programs. 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). Here is what you must know about the Financial Liability Act (FELA). Definition Railroad workers face unique safety challenges. To prevent accidents that result from work, railroad employees are held to a higher standard. An injury sustained by a worker on the job can have devastating consequences for their lives. Fortunately, there are laws that protect workers and ensure they receive the compensation they require. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from the regular workers' compensation which protects workers in other sectors. In contrast to workers' compensation, FELA claims are fault-based and require the evidence of negligence or carelessness. A FELA attorney can be a great resource. Congress passed FELA in 1908. The law states that railroad companies are responsible for any injury or death of their employees. This liability is only applicable when the incident occurred in the context of the employee's job, and was caused by negligence on the part of the carrier. 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. Despite the fact that the law was created in order to provide protection to railroad workers, it also creates strict liability requirements for all employers. Judges are not typically able to consider workers' compensation and FELA to be the same thing, but this is changing as more FELA cases are filed. This is why it is crucial to understand the differences between these two laws to decide which one is the best for your situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you with filing claims under FELA. Purpose In general, employers are responsible for ensuring their employees' safety at work. This is particularly true for workers who work in high-risk fields, such as construction and utilities. In some cases, however, an employer's negligence could result in a worker getting hurt or even dying. Employers in these sectors must adhere to more stringent safety rules. If an employee gets injured while at work, they should be compensated for medical expenses as well as lost income. Railroad workers are protected by federal laws, which differ from the laws governing workers' compensation. These laws, known as the Federal Employers' Liability Act (FELA) will require 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 receive compensation for injuries suffered by them. The law was not intended to provide railroad workers with complete compensation. The law requires workers to prove that the railroad was negligent in causing their injuries. The law also prohibits employers from denying a claim by an employee on the ground of contributory negligence. In general an injured worker must to show three things to be eligible for compensation under the FELA. Scope Railroad employees have a unique working environment that is characterized by its own set of hazards. If they are injured at work, they could 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 important to protect workers, but also sets standards that employers must meet. A Tennessee worker who seeks compensation under FELA must prove four elements: 1.) the injury occurred within the context of employment,) the employee acted within the course and scope of the duties he or she performed, 3) the conduct at issue furthered the employer's interstate transportation business and four) the railroad was negligent. 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 knowledgeable attorney can help you determine which one is best suited to your requirements. Knowing these differences can save you time and money as well as avoiding unnecessary confusion. Limitations Employers across the nation are accountable to ensure that their employees are safe and unharmed. However certain jobs and industries have a higher risk of injury than others. This is why these employers are required to adhere to a stricter level of safety guidelines. Workers in high-risk fields like utilities and construction for instance, are usually covered under worker's compensation law. These state-specific laws provide compensation to workers injured while working. Railroad workers are also covered under the Federal Employers' Liability Act which is codified as 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law permits injured railroad workers to seek damages from employers resulting from their negligence or in violation of federal safety laws. Contrary to the state laws governing workers' compensation, FELA does not automatically award injured railroad workers full compensation. Instead, it requires injured railroad workers to prove that their employer was “legally negligent” in causing their injuries. FELA claims will be considered in federal courts, and railroad workers who have been injured are entitled to a jury trial. In a jury trial the jury must decide that the railroad is liable for the injury or death of an employee or death. railroad injury fela lawyer must be based on the evidence presented in the case, which include that the railroad was negligent in failing to fulfill the proper care for its workers 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 breach of 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 then decide the amount to which the plaintiff must be held liable. It may reduce the amount by the percentage that negligence by the plaintiff contributed to or caused the injury or death. 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 provided a system whereby railroad workers who were injured 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 applies to railroad employees who operate across state lines or internationally. It is also applicable to railroads that own and maintain rail lines that are used by interstate railroads. Railroad employees are exempt from state workers' compensation and provides a way to claim damages in the event that they are injured while at work as a result of a violation or negligence by their employer. In order to win a lawsuit under FELA an injured railroad worker must prove that their employer violated that act and that this violation led to the injury or death. In a FELA lawsuit, the burden of proof lies on the plaintiff. The court can decide to have a jury hear a FELA claim. To be successful in a FELA claim, an employee must prove that the railroad caused or contributed to their injuries or death. They must show 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 law like the Boiler Inspection Act. If the jury is found to be that a plaintiff is the winner the railroad must compensate the damages awarded. The jury should be properly educated on the law before they begin deliberations.