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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry grows as is the possibility of being injured while working. Railroad workers are not covered by state-run workers' compensation systems. Instead, they are covered by an unwritten law that protects them from negligence by employers. Federal Employers Liability Act (FELA) is the name of this federal law. Liability Act (FELA). What you need to know about the Liability Act (FELA). Definition Railroad workers face unique safety challenges. To prevent accidents at work, railroad workers are held to a higher standard. If a worker gets injured on the job it can be devastating and have a negative impact on their life. Thankfully there are laws in place to protect these workers and make sure they get the compensation they need. The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA differs from the regular workers' compensation, which protects state workers in other sectors. In contrast to workers' compensation, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or carelessness. A FELA attorney can be a great resource. Congress approved FELA in 1908. The law stipulates that railroad carriers are liable for an injury or death of their employees. However, this is only when the incident occurred in the course of the employee's job and resulted from the carrier's negligence. 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 enacted to protect railroad workers, however it also creates high standards of liability for employers in all industries. Generally, workers compensation and FELA are not considered the identical by judges, however this is changing as more cases are being filed under the FELA. It is important to understand the distinctions between these laws in order to determine which one is the best for your particular situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you in filing an action under FELA. Purpose In general, employers are required to ensure the safety of their employees at work. This is particularly relevant for those who work in highly risky fields such as construction or utilities. In certain instances however, an employer's negligence can result in an employee being injured or even dying. Employers in these fields must adhere to more stringent safety rules. If an employee is injured while at work, they should be compensated for medical expenses and lost income. Workers' compensation laws protect many workers in the United States, there are special federal laws that protect railroad workers. These laws, known 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 receive compensation for injuries suffered by them. The law was not designed to give railroad workers full compensation. Instead the law requires a worker prove their injury was caused by the railroad's negligence. The law also prohibits employers from denying an employee's claim on the basis of contributory negligence. As a general rule, an injured worker must demonstrate the following three things in order to be awarded damages under FELA: Scope Railroad employees are in an unique work environment that has its own set of hazards. If they suffer injuries at work, they can sue their employer under a Federal Statute known as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just designed to protect workers, but also sets high standards for employers to follow. 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 scope and scope of his or her 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. While a lot of injuries are covered under either workers compensation or FELA laws Some cases may require both. Both laws differ in various ways. An experienced attorney can help determine the best law for your situation. Knowing these distinctions will save you time and money, and also avoid unnecessary confusion. Limitations Employers are responsible for the health and safety of their employees. Certain industries and occupations pose a greater chance of injuries. Thus, these employers are held to a more strict level of safety guidelines. Workers in high-risk fields such as utilities and construction, for example, are often protected under the law on worker's compensation. These state-specific laws provide compensation to workers who are injured on the job. 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 the FELA. This law allows railroad workers injured by injuries to seek damages from employers due to their negligence or in violation of federal safety laws. Unlike state workers compensation laws, FELA doesn't automatically award full compensation to railroad workers who have been injured. Instead it requires injured railroad workers 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 an appeal to a jury. In fela law firm that is a jury, the jury must decide if the railroad is liable for the death or injury of an employee who was injured. The conclusion must be based on the evidence that is presented in the case. It must also include evidence that the railroad did not perform a duty of care to its workers, and that this negligence contributed to the injury or death. Additionally, the jury must also determine that the railroad has was in violation of one or more of the statutes set forth in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. Finally, the jury must determine the amount of damages that the plaintiff is liable and can reduce the amount of the award by the proportion of the plaintiff's negligence that caused or contributed to the death or injury. Applicability In 1908, Congress passed The Federal Employers' Liability Act to ensure the safety of railroad workers injured on the worksite. This law was distinct from the workers' compensation laws in the individual states and created an avenue through which injured railroad workers could directly sue their employers. FELA sets high standards for the duties of employers and permits railroad workers injured to recover damages in cases of injuries. FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads that manage and own railroad tracks that are used by other interstate railroads. It exempts railroad employees from state workers' compensation, and gives them the ability to claim damages if they are injured while at work due to a violation or negligence by their employer. To be successful in a lawsuit brought under FELA, an injured railroad worker must show that their employer has violated the law and that the breach caused or caused their death or injury. The burden of proof in a FELA case is on the plaintiff and the court has the authority to order a jury trial for a FELA claim. To prevail in a FELA lawsuit the employee must demonstrate that the railroad was accountable for their injuries or death. They must prove that they were injured or killed due to the railroad's negligence or inability to provide safety equipment or training, or a violation of a safety rule like the Boiler Inspection Act. If the jury finds in favor of a plaintiff the railroad must pay the damages awarded. The jury must be properly informed about the law before they begin deliberations.