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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is expanding and so are the risks of injury on the job. Unlike other types of workers, railroad workers do not have access to state-run workers' compensation systems. They are protected under a federal law against employer negligence. This federal law 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. In turn, they are expected to adhere to higher standards in regards to injuries that are related to work. If a worker gets injured while working it can be devastating and impact their entire life. Thankfully there are laws to protect these workers and make sure they get the compensation they require. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from regular workers' comp, which covers workers in other industries. Unlike workers' compensation, FELA claims must be proved by proving an negligence of the employer. This is where a FELA lawyer can really assist. Congress approved FELA (1908). The law states that railroad carriers are responsible for any injury or death of their employees. This liability is only applicable if the accident happened in the context of the employee's work and was caused by the carrier's negligence. This includes 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, however it also creates high standards of accountability for employers in all industries. Judges do not generally think of workers' compensation or FELA to be the same, but this is changing as more FELA cases are filed. As a result, it is essential to understand the differences between the two laws so you can choose which one is best for your case. The Lanier Law Firm is experienced in representing railroad workers, and can help you file an action under FELA. Purpose As a general rule, employers are responsible for keeping their employees safe at work. This is especially true for workers who work in highly risky fields like construction and utilities. In certain instances, an employer’s negligence can cause a worker to be injured or even dying. Employers in these fields must adhere to stricter safety standards. If an employee gets injured at work, they should be compensated for their medical expenses and lost income. While workers' compensation laws apply to a wide range of workers in the United States, there are special federal laws that protect railroad workers. These laws, known as the Federal Employers' Liability Act (FELA), require workers to prove that their injury was caused by the 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 designed to give railroad workers full compensation. The law requires workers to demonstrate that the railroad was negligent in causing their injury. fela lawsuits prohibits employers from denying a claim by an employee on the basis of contributory negligence. In general the case of an injured worker, he or she must to be able to prove three things to be eligible for compensation under the FELA. Scope Railroad workers are at risk in a unique way. If they suffer injuries while working they may have an action right 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 safeguard workers, it also sets high standards for employers to follow. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred within the scope of the employee's job; (2) the employee was acting within the scope and of their duties; (3) the conduct that was at issue was in the service of the employer's interstate transport business; and (4) the railroad was negligent and its negligence was a factor in the causing of the injury. Many injuries fall under either workers' compensation or FELA Some cases may require both. Both laws are different in numerous ways. A knowledgeable lawyer can assist you in determining which law is best for your situation. Understanding these distinctions will help you save time and money and also avoid unnecessary confusion. Limitations Employers across the country are accountable to ensure that their employees are safe and unharmed. However certain occupations and industries are more prone to injury than others. Thus, these employers are held to a stricter level of safety guidelines. For instance, employees in high-risk sectors such as utilities and construction are usually protected by laws governing worker's compensation. These state-specific laws offer workers compensation in the event that they are injured during their employment. Railroad workers are also covered by the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law allows railroad workers injured by injuries to seek damages from employers caused by their negligence or a violation of federal safety laws. Unlike state workers compensation laws, FELA doesn't automatically award the full amount of compensation to railroad workers who have been injured. Instead it requires railroad workers injured to show that their employer was “legally negligent” in causing their injuries. FELA claims are typically handled in federal courts and railroad workers who are injured are entitled to have their cases ruled by juries. In a case that is a jury the jury has to decide that the railroad was responsible for an injured employee's injury or death. The conclusion must be based upon the evidence provided in the case. It must include that the railroad failed to exercise a duty of care to its employees and that negligence led to or contributed to the death or injury. Moreover, the jury must also find that the railroad did not comply with one or more of the statutes that are outlined 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 at which the plaintiff must be accountable. It may reduce the amount by the proportion that the plaintiff's negligence contributed to or caused 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 on workers' compensation of the individual states and created a system in which injured railroad workers could directly sue their employers. FELA sets high standards for the obligations of employers and allows injured railroad workers 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 manage and own railway tracks that are utilized by other interstate railroads. It exempts railroad employees from state workers' compensation and allows them to claim damages if they suffer injuries at work as a result of a violation or negligence by their employer. To succeed in a lawsuit 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 proof in a FELA case lies with the plaintiff, and the court is able to order a trial by jury for an FELA claim. To prevail in a FELA lawsuit, an employee has to demonstrate that the railroad was at fault for their injury or death. They must show that they were injured or killed due to the railroad's negligence, or inability to provide safety equipment and/or training, or a violation of a safety rule like the Boiler Inspection Act. If the jury finds that a plaintiff is the winner the railroad must compensate the damages awarded. Before they begin deliberations, the jury has to be properly informed about the law.