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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 while working. As opposed to other types of employees railroad workers do not have access to 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 set of safety issues while on the job. To avoid work-related accidents, railroad workers are held to the highest standards. When a worker is injured on the job, it can be extremely devastating and have a negative impact on their life. Fortunately there are laws in place to protect these workers and ensure that they get the compensation they deserve. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from the regular workers' compensation, which is a type of insurance that covers workers in other industries. Unlike workers' compensation, FELA claims must be established by proving the employer's negligence. This is where a FELA lawyer can really help. Congress passed FELA (1908). The law states that railroad carriers are accountable for injuries or death of their employees. However, this only applies if the accident occurred while during the employee's employment and stemmed from the carrier's negligence. This could include the insufficient 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 enacted to offer protection to railroad workers, it also creates high-risk standards for employers across all industries. Judges generally do not think of workers' compensation or FELA to be the same, but this is changing as more FELA cases are filed. It is crucial to know the distinctions between these laws to decide which is appropriate for your situation. The Lanier Law Firm is experienced in representing railroad workers and can help you file a claim under FELA. Purpose As a general rule, employers are responsible to ensure their employees are safe at work. This is particularly true for workers who work in areas that are high-risk such as construction or utilities. In some cases however, an employer's negligence can result in an employee being injured or even dying. This is why employers in these industries are held to stricter safety guidelines. When a person gets injured on the job they are entitled to be compensated for medical expenses and lost earnings. While workers' compensation laws protect many workers in the United States, there are specific 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. Instead, the law requires that the injured worker prove that their injury was caused by railroad's negligence. 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 prove three things in order to receive damages under the FELA. Scope Railroad employees have an environment of work that is characterized by the risk of its own. If they are injured at work, they can sue their employer under a Federal Statute, referred to 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 demonstrate four things: 1) the injury occurred within the context of employment,) the employee acted in the course and scope of his or her duties, 3) the act in question furthered the employer's interstate transportation business and four) the railroad was negligent. While fela lawyers of injuries are covered under either workers compensation or FELA laws, some cases may involve both. Both laws differ in numerous ways. An experienced lawyer can help you determine the best law for your particular situation. Having an understanding of these differences can save you time and money, as well as avoid unnecessary confusion. Limitations Employers across the nation are accountable to ensure that their employees are secure and free of harm. Certain industries and professions carry the highest risk of injury. Employers are subject to a higher level of safety standards. For example, workers in high-risk fields such as construction and utilities are often covered under worker's compensation laws. These state-specific laws provide workers compensation in the event that they are injured during their employment. The same is true for railroad workers. covered by federal law known as the Federal Employers' Liability Act (FELA codified in 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow injured railroad workers to sue their employers for damages caused by their employer's negligence or violation of federal safety regulations. In contrast to the laws of state workers' compensation, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers to show that negligence by their employers caused their injuries. FELA claims will be heard in federal courts, and railroad employees who have been injured are entitled to an appeal to a jury. In a jury trial the jury must decide that the railroad was liable for the injuries sustained by an injured employee or death. The conclusion must be based upon the evidence presented in the case. It must include that the railroad failed to uphold a duty of respect to its employees and that the negligence caused the injury or death. Furthermore the jury has to find that the railroad was in violation of one or more of the statutes stipulated in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. In the end, the jury has to determine the amount of damages that 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 death or injury. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to offer protection for railroad workers who sustained injuries while on the job. This law was different from the laws on workers' compensation of each state, and created a system in which railroad workers who were injured could directly sue their employers. FELA sets high standards for the obligations of employers and permits railroad workers injured to claim damages in the event of injury. FELA applies to railroad employees who operate across state lines or internationally. It also applies to railroads that manage and own rail tracks that are used by other interstate railroads. Railroad employees are exempt from state workers' compensation, and provides a way to claim damages if they are injured while at work as a result of a violation or negligence by their employer. In order to win a lawsuit brought under FELA, an injured railroad worker must show that their employer has violated the act and that the breach caused or caused their injury or death. In a FELA lawsuit the burden of proof is on the plaintiff. The court can order a jury to hear the case of a FELA claim. To prevail in a FELA lawsuit the employee must prove that the railroad was responsible for their death or injury. They must prove that they were injured or killed due to the negligence of the railroad, its inability to provide safety training and equipment, or a violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury decides that a plaintiff is the winner the railroad must compensate the damages that were awarded. Before beginning their deliberations, the jury has to be fully informed about the law.