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The Federal Employers? Liability Act Protects Railroad Workers The industry of railroads is growing and with it comes the risk of injury on the job. As opposed to other types of employees railroad workers do not have access to state-run worker's compensation systems. They are protected under a federal law against employer negligence. Federal Employers' Liability Act (FELA) is the name of this federal law. Liability Act (FELA). Here's what you should know about the Federal Employers. Definition Railroad workers face unique safety issues. In turn, they are held to higher standards in regards to workplace-related injuries. If a worker is injured on the job, it can be extremely devastating and impact their entire life. Luckily, there are laws to protect workers and ensure that they receive the compensation they deserve. The Federal Employers Liability Act (FELA) allows railroad workers who are injured to sue their employers. FELA differs from traditional workers' compensation which covers workers in other industries. Contrary to workers' compensation, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or recklessness. A FELA attorney can be a great resource. Congress passed FELA in 1908. The law says that railroad carriers is liable for the injury or death of an employee. However, this only applies when the incident occurred during the employee's work and resulted due to the negligence of the railroad company. This could include the failure to provide sufficient 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 sets high standards of responsibility for employers across all industries. Judges are not typically able to think of workers' compensation or FELA to be the same, but that is changing as more FELA cases are filed. It is essential to be aware of the differences between these laws in order to choose which is best for your situation. The Lanier Law Firm is experienced in representing railroad workers and can help you file an action under FELA. Purpose In general, employers are accountable to ensure the safety of their employees while at work. This is particularly relevant for those who work in areas that are high-risk, such as construction and utilities. In some cases however the negligence of an employer can cause a worker to be injured or even dying. Employers in these sectors must follow stricter safety regulations. If someone is injured while working, they deserve to be paid for their medical expenses and lost earnings. fela lawsuit settlements are protected under federal laws that differ from the workers' compensation laws. These laws, known as the Federal Employers' Liability Act (FELA) will require a worker to prove their injury was caused by the employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for their injuries. The law was not intended to provide railroad workers with full compensation on the spot. 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 contributory negligence. As a rule, an injured worker must demonstrate the following three things in order to be awarded damages under the FELA: Scope Railroad employees have an environment of work that is characterized by the risk of its own. If they suffer injuries at work they are entitled to a cause of action 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 sets high standards for employers to follow. A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the scope of work; (2) the employee was acting in 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 caused the injury. Many injuries fall under either workers' compensation or FELA Some cases may require both. Both laws are different in various ways. An experienced attorney can help determine which law is appropriate for your particular situation. Knowing these distinctions will save your time and money, and also avoid unnecessary confusion. Limitations Employers across the United States are accountable to ensure that their employees are protected and safe. Certain industries and professions carry higher chance of injury. Employers are required to meet a higher standard of safety guidelines. For instance, workers in high-risk fields such as utilities and construction are usually covered by worker's compensation laws. These state-specific laws provide the right to compensation for workers injured while working. In the same way, railroad workers are covered under federal law known as the Federal Employers' Liability Act (FELA codified at 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow railroad workers injured by accidents to sue their employers for damages caused by negligence of their employers or violation of federal safety statutes. In contrast to the laws of state workers' compensation, FELA does not automatically provide injured railroad workers with full compensation. Instead, it requires injured railroad workers to show that their employer was “legally negligent” in causing 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 will decide whether the railroad is responsible for the injury or death of an injured employee. This conclusion must be based on evidence presented in the case, which include that the railroad was negligent in failing to exercise a reasonable duty of care for its employees and that the railroad's negligence led to or contributed to causing the injury or death. The jury must also find that the railroad is in violation of any one or more statutes listed in the FELA instructions. This includes violations of 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 may also reduce the amount of the award by the percentage of negligence by the plaintiff 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 sustained injuries on the job. This law was different from the laws on workers' compensation of the individual states and provided a system whereby railroad workers injured in an accident could directly sue their employers. FELA sets high standards for employers' obligations and allows injured railroad workers to seek damages. FELA applies to railroad employees who operate across state lines or internationally. It is also applicable to railroads that manage and own rail lines that are used by interstate railroads. Railroad workers are exempted from state laws on workers' compensation and allows for claiming damages when they are injured while working because of a violation of federal safety statutes or due to the negligence of their employer. In order to win a lawsuit filed under FELA an injured railroad worker must prove that their employer has violated the act and that the violation led to or caused their injury or death. The burden of the burden of proof in a FELA case lies with the plaintiff and the court has the power to require a jury trial for an FELA claim. To win a FELA claim an employee must demonstrate that the railroad caused or contributed to their death or injury. They must show that they were hurt or killed due to the negligence of a railroad, their failure to provide safety training and equipment, or in violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If the jury finds in favor of a plaintiff the railroad must compensate the damages awarded. Before they begin their deliberations, the jury must be fully informed about the law.