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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to expand as is the possibility of getting injured on the job. Unlike other types of workers railroad workers do not have access to state-run workers' compensation systems. They are protected under federal law against employer negligence. 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 in regards to work-related injuries. When a worker is injured on the job it can be devastating and impact their entire life. federal employers’ liability accidentinjurylawyers.claims there are laws to protect workers and ensure that they receive the compensation they require. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from the standard workers compensation, which covers state workers in other industries. As opposed 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 approved FELA (1908). The law stipulates that railroad carriers can be held accountable for the injury or death of an employee. This liability only applies when the incident occurred in the scope and course of the employee's work and was caused by negligence on the part of the carrier. This could be due to the carrier's failure to provide adequate safety equipment, training and procedures or violations of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. The law was passed to protect railroad workers but it also creates high standards of accountability for employers in all industries. Judges are not typically able to consider workers' compensation or FELA to be the same, however this is changing as more FELA cases are filed. It is important to understand 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 In general employers are accountable for keeping their employees safe at work. This is especially relevant for workers in high-risk industries such as construction and utilities. In some cases however, an employer's negligence could result in an employee being injured or even dying. Employers in these fields must follow stricter safety regulations. When a person gets injured on the job they are entitled to be paid for their medical bills and lost earnings. While workers' compensation laws protect many workers in the United States, there are particular federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act or FELA, require a worker to prove that their injuries were caused due to the negligence of their employer. In 1908, Congress passed the FELA to ensure that railroad workers would be compensated for injuries they sustained. It was not designed to give railroad workers full payment on a regular basis. Instead the law requires an injured worker prove that their injury was caused by railroad's negligence. The law prohibits employers from denying a claim based on the negligence of a contributor. As a rule an injured worker must prove the following three elements to be awarded damages under the FELA: Scope Railroad workers face a variety of risks. When they are injured while working they may have the right to sue their employer under a Federal law 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 show four things: (1) the injury occurred in the scope of employment; (2) the employee was acting within the course and of their duties; (3) the conduct that was at issue was in the service of the employer's interstate transportation business and (4) the railroad was negligent and caused the injury. Many injuries are covered under either workers' compensation or FELA, some cases may involve both. Both laws differ in many ways. A knowledgeable lawyer can help you determine which law is appropriate for your particular situation. Understanding these differences will save you time and money as well as avoid confusion. Limitations Employers across the country are accountable for keeping their employees secure and free of harm. However certain occupations and industries pose a higher risk of injury than others. Employers are held to a higher standard of safety standards. For example, workers in high-risk fields such as utilities and construction are typically protected by laws governing worker's compensation. State-specific laws give workers compensation if they're injured in the course of their employment. In the same way, railroad workers are protected by federal law, known as the Federal Employers' Liability Act (FELA, codified at 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law permits railroad workers injured by injuries to seek damages from employers resulting from their negligence or violation of federal safety laws. Contrary to state workers' compensation laws, FELA does not automatically provide injured railroad workers with full compensation. Instead, it requires injured railroad workers to prove that their employer was “legally negligent” in causing their injuries. FELA claims will be handled in federal courts and railroad workers who are injured are entitled to an appeal to a jury. In a trial that is a jury, the jury must decide if the railroad is responsible for the injury or death of an employee who has been injured. This finding is based on the proofs that are presented in the case which include that the railroad was negligent in failing to exercise a reasonable duty of care for its workers, and that the railroad's negligence led to, or contributed to cause the death or injury. Moreover the jury must find that the railroad was in violation of one or more of the laws stipulated 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 accountable, and it may reduce the amount of the award by the percentage of the plaintiff's negligence 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 had suffered injuries while working. This law was distinct from the laws on workers' compensation of each state, and provided a system whereby injured railroad workers could directly sue their employers. FELA establishes high standards for the employer's obligations, and permits injured railroad employees to recover damages. FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads who have their own rail lines that are used by interstate railroads. Railroad employees are not covered by state workers' compensation, and provides a way to seek damages if they suffer injuries at work as a result of a lapse or negligence by their employer. To succeed in a lawsuit brought under FELA the injured railroad worker must show that their employer has violated the law and that the violation led to or caused their injury or death. The burden of the burden of proof in a FELA case lies with the plaintiff, and the court has the authority to require a jury trial for a FELA claim. To win a FELA lawsuit, an employee must show that the railroad was accountable for their death or injury. They must prove that they were injured or killed as a result of the railroad's negligence or inability to provide safety equipment and training, or a violation of a safety rule such as the Boiler Inspection Act. If a jury decides to award damages to a plaintiff after a verdict the railroad is responsible for the payment of the damages. The jury should be properly educated on the law prior to their deliberations.