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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to grow, so too is the chance of getting injured at work. As opposed to other types of employees railroad workers do not have access to the state-run worker's compensation systems. Instead, they are covered by a federal law that shields them from negligence by employers. This federal law is known as the Federal Employers? Liability Act (FELA). Here's the information you should know about the Federal Employers. Definition Railroad workers face a distinct variety of safety concerns while on the job. This is why they are expected to adhere to higher standards when it comes to work-related injuries. An injury sustained by a worker on the job can have a devastating impact on their lives. Thankfully, there are laws that protect these workers and make sure they get the compensation they deserve. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the regular workers compensation, which covers state 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 adopted FELA in 1908. The law stipulates that a railroad carrier can be held accountable for the death or injury of an employee. This is only the case in the event that the incident occurred within the context of the employee's duties and was caused by the negligence of the railroad company. This includes failure to provide sufficient safety equipment, training, or procedures or infractions of the Safety Appliance Act. Despite the fact that the law was created to protect railroad workers, it also creates high liability standards for all employers. In general, workers' compensation and FELA aren't considered to be the identical by judges, however this is changing as more cases are filed under the FELA. It is crucial to know the distinctions between these laws in order to decide which is appropriate for your situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you in filing an action under FELA. Purpose As a general rule employers are responsible to ensure their employees are safe at work. This is especially relevant for those who work in areas that are high-risk like construction and utilities. In certain instances the employer's negligence could result in workers being injured or even dying. For this reason, employers in these industries are required to adhere to more stringent safety guidelines. If an employee is injured at work, they must be compensated for medical expenses and loss of income. Workers' compensation laws protect many workers in the United States, there are specific federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA) will require the worker to prove that their injury was the result of an employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad employees received compensation for their injuries. The law was not designed to provide railroad workers with full compensation. The law requires that workers demonstrate that the railroad was negligent in causing their injury. The law also 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 prove three things in order to be eligible for compensation under the FELA. Scope Railroad workers are at risk in a unique way. If they get injured on the job they are entitled to a cause of action against their employer under a Federal statute known as the Federal Employers? Liability Act, U.S.C. 51 et seq. This law isn't just crucial to protect workers, it also sets standards that employers must 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 its negligence was a factor in the causing of the injury. Many injuries are covered under either workers compensation or FELA certain cases could fall under both. The two laws differ in many ways, and a skilled attorney can help you determine which one is most suitable for your needs. Understanding these differences will save you money and time as well as avoid confusion. Limitations Employers across the country are responsible to ensure that their employees are safe and unharmed. However certain jobs and industries pose a higher risk of injury than others. Therefore, those employers are held to a more strict standard of safety guidelines. 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 in the course of their employment. 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 allows railroad workers injured by injuries to sue employers for damages caused by their negligence or in violation of federal safety laws. In contrast to the state laws governing workers' compensation, FELA does not automatically give injured railroad workers full compensation. fela law firm requires railroad workers who have been injured to demonstrate that their employer's negligence caused their injuries. FELA claims are generally heard in federal court, and injured railroad workers are entitled to have their cases heard by a jury. In a case that is a jury the jury must decide that the railroad was responsible for the injuries sustained by an injured employee or death. The verdict is based on the evidence presented in the case, including 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. The jury must also find that the railroad is in breach of one or more statutes 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 liable and can 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 for railroad workers who suffered injuries while working. This law was different from the laws governing workers' compensation of each state, and established a system by which railroad workers who were injured could directly sue their employers. FELA sets high standards for employer responsibilities 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 operate and maintain rail tracks that are used by other interstate railroads. Railroad workers are exempted from state laws on workers' compensation and provides a mechanism for claiming damages when they are injured while working because of a violation to federal safety regulations or due to the negligence of their employer. In order to win a lawsuit under FELA railroad workers who have been injured must show that their employer acted in violation of that act and that this violation led to the injury or death. In a FELA lawsuit, the burden of proof falls on the plaintiff. The court may order a jury to hear a FELA claim. In order to succeed in a FELA claim an employee must demonstrate that the railroad caused or contributed to their death or injury. They must prove that they were injured or killed because of the railroad's negligence or failure to provide safety equipment and/or training, or in violation of a safety law like the Boiler Inspection Act. If the jury decides in favor of a plaintiff the railroad must pay the damages that were awarded. The jury must be properly informed about the law before they begin deliberations.