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The Federal Employers? Liability Act Protects Railroad Workers

As the railroad industry continues to expand, so too is the chance of getting injured on the job. Railroad workers aren't covered by state-run workers' 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). What you need to Know about the Liability Act (FELA).

Definition

Railroad workers face unique safety challenges. To avoid work-related accidents, railroad workers are held to an elevated standard. When a worker is injured on the job, it can be extremely devastating and affect their entire life. Thankfully, there are laws that protect these workers and ensure that they receive the compensation they need.

The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from the standard workers compensation, which covers state workers in other industries. In contrast to workers' compensation, FELA claims are fault-based and require the evidence of the employer's negligence or recklessness. This is where a FELA lawyer can be of great help.

Congress approved FELA in 1908. The law states that railroad companies can be held accountable for the injury or death of an employee. However, this only applies when the incident occurred in the course of the employee's job and resulted from the negligence of the carrier. This could include the failure to provide sufficient safety equipment, training, or procedures, or violations of the Safety Appliance Act.

The law was passed to protect railroad workers, but it also creates high standards of liability for employers in all sectors. Judges do not generally consider workers' compensation and FELA to be the same, however that is changing as more FELA cases are filed. It is important to understand the differences between these laws in order to choose which is best for your specific situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in filing a claim under the FELA.

Purpose

As a rule, employers are responsible to ensure their employees are safe at work. This is especially applicable to workers in high-risk industries, like construction and utilities. In some cases however an employer's negligence could result in a worker being injured or even dying. Because of this, employers in these industries are required to adhere to stricter safety standards. When an employee is injured while at work, they must be compensated for medical expenses and loss of income.

Railroad workers are protected under federal laws that differ from workers' compensation laws. These laws, also known as the Federal Employers' Liability Act (FELA) will require workers to prove that their injury was caused by 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 intended to provide railroad workers with full compensation. The law requires railroad workers to demonstrate that the railroad was negligent in causing their injuries. The law prohibits employers from denial of a claim that is due to the contributory negligence.

In general an injured worker must to prove three things in order to be entitled to compensation under the FELA.

Scope

Railroad workers face a variety of risks. If they are injured while 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 is not only crucial for protecting workers, but also sets high standards that employers must follow.

A Tennessee worker seeking compensation under FELA is required to show four elements: 1.) the injury occurred within the scope of employment,) the employee acted within the course and scope of his or her duties, 3) the act in question was detrimental to the employer's interstate transport business, and 4) the railroad was negligent.

Many injuries fall under either workers' compensation or FELA certain cases could fall under both. The two laws differ in several ways, and a knowledgeable lawyer can help you decide which one is best suited to your requirements. Understanding the differences can save you time and money as well as avoid confusion.

Limitations

Employers are responsible for the safety and well-being of their employees. However certain jobs and industries are more prone to injury than others. These employers are therefore subject to a higher level of safety standards. Workers in high-risk fields like construction and utilities, for example, are often covered under the law of worker's compensation. These state-specific laws offer compensation to workers who are injured on the job. Railroad workers are also covered by the Federal Employers' Liability Act, codified as 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 negligence of their employers or violation of federal safety statutes. Contrary to state workers' compensation laws, FELA does not automatically award injured railroad workers full compensation. Instead it requires injured railroad workers to prove that their employer was "legally negligent" in causing their injuries.

FELA claims are usually heard in federal court and railroad workers who have been injured are entitled to have their cases decided by a jury. In a trial that is a jury, the jury must determine that the railroad is liable for the death or injury of an injured employee. The verdict is based on the proofs that are presented in the case including that the railroad was negligent in not exercising a reasonable duty of care for its employees and that the railroad's negligence caused or contributed to causing, the injury or death.

The jury must also find the railroad in breach of one or more statutes listed in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will determine the amount of damages for which the plaintiff is responsible, and it may reduce the amount of the award by the proportion 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 on the job. This law was distinct from the laws governing workers' compensation of each state, and created a system in which injured railroad workers could directly sue their employers. FELA sets high standards for the obligations of employers and permits railroad workers injured to recover damages in cases of injuries.

FELA is applicable to employees of railroads that operate across state lines or internationally. It also applies to railroads that own and maintain rail tracks that are used by other interstate railroads. Railroad employees are exempt from state workers' compensation, and gives them the ability to claim damages in the event that they are injured while at work as a result of a violation or negligence by their employer.

To be successful in a lawsuit filed under FELA, an injured railroad worker must show that their employer violated the law and that the violation caused or contributed to their injury or death. The burden of the burden of proof in a FELA case is on the plaintiff and the court is able to order a trial by jury in a FELA claim.

To win a FELA claim an employee must demonstrate that the railroad caused or contributed to their injuries or death. They must prove that they were injured or killed because of the negligence of a railroad, their inability to provide safety training and equipment, or violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If the jury awards damages to a plaintiff in an award the railroad is responsible for the payment of the damages. The jury has to be properly educated on the law before they begin deliberations.