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The Federal Employers? Liability Act Protects Railroad Workers The industry of railroads is growing, and with it, the chances of being injured on the job. Railroad workers are not covered by the state-run workers' compensation systems. Instead, they are covered by a federal law that protects workers from negligence by employers. This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). What you need to know about the Liability Act (FELA). Definition Railroad workers face a unique variety of safety concerns when working. This is why they are required to meet higher standards in regards to work-related injuries. An injury sustained by a worker during work can have devastating effects on their lives. Luckily there are laws that protect these workers and ensure that they receive 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 protects workers in other industries. Unlike workers' comp, FELA claims are fault-based and must be proven through the evidence of negligence or recklessness. A FELA attorney is a great resource. Congress approved FELA in 1908. The law stipulates that railroad carriers can be held liable for the injury or death of an employee. This liability only applies in the event that the incident occurred within the course and scope of the employee's job, and was caused by the negligence of the railroad company. This could include the failure to provide adequate 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, but it also creates high standards of liability for employers in all industries. Judges generally do not think of workers' compensation or FELA to be the same thing, but this is changing as more FELA cases are filed. It is essential to be aware of the distinctions between these laws to determine which one is the best for your specific situation. The Lanier Law Firm has extensive experience representing railroad workers and can assist you with filing a claim for compensation under the FELA. Purpose In general, employers are responsible to ensure the security of their employees at work. This is particularly relevant for those who work in high-risk fields like construction and utilities. In some instances however, an negligent employer can lead to a worker getting hurt or even dying. Because of this, employers in these industries are required to adhere to stricter safety standards. If someone is injured while working and suffers a serious injury, they should be compensated for their medical expenses and lost income. Railroad workers are protected under federal laws that differ from the laws governing workers' compensation. These laws, referred to as the Federal Employers' Liability Act (FELA), require the worker to prove that 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 payment on a regular basis. Instead the law requires the injured worker prove that 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. In general, an injured worker has 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 suffer injuries at work, they could 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 sets high standards for employers to follow. A Tennessee worker seeking compensation under FELA must establish 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 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 certain cases could fall under both. The two laws differ in a variety of ways, and a skilled lawyer can assist you in determining which one is best suited to your requirements. Having railroad injury fela lawyer of these differences can save you time and money as well as avoiding unnecessary confusion. Limitations Employers are responsible for the security and well-being of their employees. Certain industries and professions carry higher chance of injury. These employers are therefore required to meet a higher standard of safety guidelines. People working in high-risk areas like utilities and construction for instance, are usually covered under the law of worker's compensation. These state-specific laws provide workers compensation in the event that they are injured during their work. The same is true for railroad workers. protected by federal law, known as the Federal Employers' Liability Act (FELA codified in 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 caused by negligence of their employers or in violation of federal safety regulations. Unlike state workers compensation laws, FELA doesn't automatically award the full amount of compensation to railroad workers who have been injured. It requires injured railroad workers to demonstrate that their employer's negligence was the cause of their injuries. FELA claims are usually considered in federal court and railroad workers who have been injured are entitled to have their cases decided by juries. In a jury case the jury must decide that the railroad was responsible for the injury or death of an employee or death. This conclusion should be based upon the evidence presented in the case. It must also include evidence that the railroad did not exercise a duty of care to its employees and that negligence caused or caused the death or injury. The jury must also find the railroad in violation of any one or more statutes listed 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 for which the plaintiff is liable and can reduce the amount of the award by the proportion of negligence by the plaintiff 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 job. This law was distinct from the laws on workers' compensation of the individual states and provided a system whereby railroad workers who were injured could directly sue their employers. FELA establishes high standards for the employer's responsibilities, and allows railroad employees who are injured to seek damages. FELA is applicable to railroad employees who operate across state lines or internationally. It also applies to railroads that operate and maintain railroad tracks that are used by other interstate railroads. Railroad workers are exempt from state laws on workers' compensation and allows to claim damages if they are injured on the job due to a violation of federal safety regulations or the negligence of their employer. To be successful in a lawsuit brought under FELA, an injured railroad worker must prove that their employer violated the act and that the violation caused or contributed to their injury or death. In a FELA lawsuit, the burden of proof falls on the plaintiff. The court may require a jury to consider the FELA claim. To win a FELA claim, an employee must prove that the railroad caused or contributed to their death or injury. They must show that they were injured or killed because of the railroad's negligence, or inability to provide safety equipment and/or training, or a violation of a safety rule like the Boiler Inspection Act. If the jury gives damages to a plaintiff in a verdict, the railroad is responsible for paying the damages. The jury must be properly instructed about the law prior to beginning deliberations.