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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry grows and expand, so is the chance of getting injured on the job. Railroad workers aren't covered by state-run workers' compensation systems. They are protected by a federal law against employer negligence. 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 a unique variety of safety concerns on the job. To avoid accidents that result from work, railroad employees are held to the highest standards. If a worker gets injured while working it can be devastating and impact their entire life. Luckily there are laws that protect these workers and ensure they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from regular workers' comp which protects workers in other industries. Unlike workers' comp, FELA claims are fault-based and must be proven through the evidence of the employer's negligence or carelessness. A FELA attorney is a great resource. fela claims passed FELA (1908). The law stipulates that railroad carriers are liable for an injury or death of their employees. However, this is only if the accident occurred while during the employee's employment and stemmed from the negligence of the carrier. This includes the failure to provide sufficient safety equipment, training, and procedures or infractions of the Safety Appliance Act. The law was enacted to protect railroad workers, however it also sets high standards of accountability for employers in all sectors. Generally speaking, workers compensation and FELA are not viewed as the same by judges, but this is changing as more cases are filed under the FELA. It is essential to be aware of the differences between these laws to decide which is appropriate for your particular situation. The Lanier Law Firm is experienced in representing railroad workers and can assist you with filing an action under FELA. Purpose In general, employers are responsible to ensure the safety of their employees at work. This is especially applicable to employees in high-risk fields such as utilities and construction. In certain instances however, an employer's negligence can result in workers being injured or even dying. Employers in these sectors must follow stricter safety regulations. When an employee is injured at work, they must be compensated for medical expenses and lost income. Railroad workers are protected under federal laws, which differ from workers' compensation laws. These laws, referred to as the Federal Employers' Liability Act (FELA), require the worker to prove that their injury was the result of an employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers be compensated for injuries they sustained. The law was not designed to provide railroad workers with complete compensation. The law requires railroad workers to demonstrate that the railroad was negligent in causing their injury. The law also prohibits employers from denying an employee's claim on the basis of negligence that is contributory. As a general rule an injured worker must prove the following three things to be awarded compensation under FELA: Scope Railroad employees have a unique working environment that is characterized by the risk of its own. When they are injured at work 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 pivotal law doesn't just protect workers, but also sets high standards for employers to meet. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred within the course of the employee's job; (2) the employee was acting within the course and scope of his or her duties; (3) the conduct in question was in furtherance of the employer's interstate transportation business and (4) the railroad was negligent and was a factor in the causing of the injury. Certain cases could be covered under both workers' compensation and FELA. Both laws differ in various ways. An experienced lawyer can assist you in determining which law is best for your particular situation. Understanding the differences can save you time and money, as well avoid unnecessary confusion. Limitations Employers are accountable for the safety and well-being of their employees. Certain occupations and industries pose the highest risk of injury. Therefore, those employers are held to a more strict standard of safety standards. People working in high-risk areas like construction and utilities, for example, are often covered under the law of worker's compensation. State-specific laws give workers compensation if they are injured during their employment. 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 FELA to allow railroad workers injured in the line of duty to sue their employers for damages incurred by their employer's negligence or violation of federal safety regulations. Contrary to the laws of state workers' compensation, FELA does not automatically provide injured railroad workers with full compensation. Instead, it requires railroad workers injured to show 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 trial by jury. In a jury trial, the jury must find that the railroad was liable for the injuries sustained by an injured employee or death. The verdict must be based on the 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 causing the injury or death. The jury must also find the railroad in violation of one or more of the statutes mentioned 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 must be held liable. The jury may reduce the amount by a percentage that the plaintiff's negligence was responsible to the injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who had suffered injuries while on the job. This law was distinct from the workers' compensation laws in each state and provided a system through which injured railroad workers could sue their employers directly. FELA sets high standards for employers' obligations 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 railroad tracks that are used by other interstate railroads. Railroad workers are exempt from state laws on workers' compensation and allows for claiming damages when they are injured at work due to a violation of federal safety regulations or due to the negligence of their employer. To succeed in a lawsuit filed under FELA the injured railroad worker must show that their employer violated the law and that the violation led to or caused their death or injury. In a FELA lawsuit, the burden of proof lies on the plaintiff. The court may decide to decide to have a jury hear the case of a FELA claim. In order to succeed in a FELA claim an employee must show that the railroad caused or contributed to their injuries or death. They must show that they were injured or killed because of the railroad's negligence or inability to provide safety equipment and/or training, or because of a violation of a safety act such as the Boiler Inspection Act. If the jury is found to be in favor of a plaintiff the railroad must compensate the damages that were awarded. Before beginning their deliberations, the jury has to be properly informed about the law.