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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to expand, so too is the possibility of getting injured while working. Unlike other types of workers railroad workers do not have access to state-run worker's compensation systems. They are protected by federal law against employer negligence. This federal law is known as the Federal Employers? Liability Act (FELA). Here is what you need to know about it. Definition Railroad workers face unique safety issues. To prevent accidents at work, railroad workers are held to the highest standards. When a worker is injured while working it can be devastating and affect their entire life. Fortunately there are laws in place to protect these workers and ensure that they get the compensation they need. 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' comp, FELA claims are fault-based and have to be proved through the evidence of the employer's negligence or inattention. A FELA attorney can be of great assistance. Congress passed FELA (1908). The law stipulates that railroad carriers can be held accountable for the injury or death of an employee. This is only the case when the incident occurred in the scope and course of the employee's duties and was caused by negligence on the part of the carrier. This includes failure to provide sufficient safety equipment, training, or procedures or infractions of the Safety Appliance Act. The law was passed to protect railroad workers, however it also establishes high standards of liability for employers in all sectors. Generally speaking, workers compensation and FELA are not considered the same by judges, but this is changing as more cases are being filed under the FELA. Therefore, it is crucial to understand the distinctions between these two laws, so that you can choose which one is best for your situation. The Lanier Law Firm is experienced in representing railroad workers, and can assist you with filing claims under FELA. Purpose In general, employers are required to ensure the safety of their employees at work. This is especially relevant for those who work in highly risky fields, such as construction and utilities. In some instances the negligent employer can lead to a worker getting hurt or even dying. This is why employers in these industries are required to adhere to stricter safety guidelines. If a worker is injured on the job, they deserve to be paid for their medical bills and lost income. While fela case settlements cover 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 or FELA will require that a person prove that their injury was resulted from the negligence of their employer. In 1908, Congress passed the FELA to ensure that railroad workers be compensated for injuries they sustained. The law was not designed to give railroad workers full compensation. The law requires railroad workers to demonstrate that the railroad was negligent in causing their injury. The law prohibits employers from denial of a claim that is based on the negligence of a contributor. In general the case of an injured worker, he or she must to show three things to receive damages under the FELA. Scope Railroad employees enjoy an environment of work that has the risk of its own. When they are injured while working they may have 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 is not just important for protecting workers, but also sets standards that employers must adhere to. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred in the scope of work; (2) the employee was acting within the course and of their duties; (3) the conduct was in the interest of the employer's interstate transport business and (4) the railroad was negligent and played some part in causing the injury. Many injuries fall under either workers' compensation or FELA, some cases may involve both. Both laws are different in numerous ways. A knowledgeable attorney can help determine the best law for your situation. Having an understanding of these distinctions will save you time and money and also avoid unnecessary confusion. Limitations Employers across the United States are responsible to ensure that their employees are secure and free of harm. Certain occupations and industries pose a greater risk of injuries. These employers are therefore subject to a higher level of safety guidelines. For example, workers in high-risk sectors such as construction and utilities are often covered under worker's compensation laws. These state-specific laws offer workers compensation if they're injured in the course of their work. The same is true for railroad workers. protected by 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 injured railroad workers to sue their employers for damages incurred by negligence of their employers or violation of federal safety regulations. Unlike state workers compensation laws, FELA doesn't automatically award full compensation to railroad workers injured. Instead, it requires injured railroad workers to show that their employer was “legally negligent” in causing their injuries. FELA claims are usually heard in federal court and railroad workers who are injured are entitled to have their cases ruled by jury. In a trial that is a jury, the jury must determine that the railroad is responsible for the injury or death of an employee who has been injured. This finding is based on the evidence presented in the case, including that the railroad was negligent in failing to fulfill the proper care for its workers and the negligence of the railroad caused, or contributed to cause, the injury or death. The jury must also find that the railroad is in violation of any one or more of the statutes mentioned in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. The jury will determine the amount for which the plaintiff must be held accountable. The jury may reduce the amount by a percentage that negligence by the plaintiff contributed to or caused the injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who sustained injuries while on the job. This law was different from the laws on workers' compensation of the individual states and established a system by which railroad workers injured in an accident could directly sue their employers. FELA sets high standards for the obligations of employers and allows railroad workers who have been injured 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 who own and maintain railway lines that are used by interstate railroads. Railroad workers are exempt from state workers' compensation laws and allows to claim damages if they are injured at work because of a violation to federal safety regulations or the negligence of their employer. In order to win a lawsuit under FELA an injured railroad worker has to show that their employer acted in violation of the law and that the violation led to or contributed to the injury or death. The burden of evidence in a FELA case rests with the plaintiff, and the court has the power to order a jury trial in the purpose of a FELA claim. To prevail in a FELA lawsuit, an employee has to prove that the railroad was accountable for their injury or death. They must show that they were injured or killed as a result of the railroad's negligence, or inability to provide safety equipment or training, or a violation of a safety rule such as the Boiler Inspection Act. If the jury awards damages to a plaintiff after a verdict the railroad is accountable for paying the damages. Before they begin deliberations, the jury should be properly informed about the law.