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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry continues to grow as does the risk of getting injured while working. Railroad workers are not covered by state-run workers' compensation systems. Instead, they are protected by a federal law that shields them from employer negligence. This federal law is referred to as the Federal Employers? Liability Act (FELA). Here's what you must know about the Financial Liability Act (FELA). Definition Railroad workers face unique safety challenges. This is why they are required to meet higher standards when it comes to workplace-related injuries. When a worker is injured on the job it can be devastating and have a negative impact on their life. Luckily, there are laws to protect these workers and ensure that they receive the compensation they are due. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from the regular workers' compensation which is a type of insurance that covers workers in other sectors. In contrast to workers' compensation, FELA claims must be proved by proving an negligence of the employer. A FELA attorney can be of great assistance. Congress approved FELA in 1908. The law states that a railroad carrier can be held liable for the death or injury of an employee. This is only the case if the accident happened in the context of the employee's work and was caused by the negligence of the railroad company. This includes failure to provide the proper safety equipment, training, and procedures or violations of the Safety Appliance Act. The law was passed to protect railroad workers, but it also establishes high standards of accountability for employers in all industries. Judges are not typically able to consider workers' compensation and FELA to be the same, but this is changing as more FELA cases are filed. As a result, it is essential to understand the differences between these two laws so you can determine which one is suitable for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers and can assist you in submitting a claim under the FELA. Purpose As a general rule employers are accountable for ensuring their employees' safety at work. This is particularly true for workers who work in highly risky fields like construction and utilities. In some cases however, an employer’s negligence can result in a worker being injured or even dying. This is why employers in these industries are required to adhere to stricter safety guidelines. When an employee is injured while at work, they should be compensated for medical expenses as well as lost income. Workers' compensation laws apply to a wide range of workers in the United States, there are specific federal laws that protect railroad workers. These laws, also known as the Federal Employers' Liability Act (FELA) will require the worker to prove that their injury was caused by the employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad employees would receive compensation for their injuries. The law was not intended to give railroad workers full compensation. Instead the law requires an injured worker prove that their injury was caused by railroad's negligence. The law prohibits employers from refusing to accept a claim based on the contributory negligence. As a general rule, an injured worker must prove the following three elements to be awarded damages under FELA: Scope Railroad workers face unique risks. When they are injured on the job they are entitled to the right to sue their employer under a Federal statute known as The Federal Employers? Liability Act, 45 U.S.C. 51 et seq. fela attorneys doesn't only protect workers, but also sets high standards for employers to adhere to. A Tennessee worker seeking compensation under FELA must demonstrate four things: 1) the injury occurred within the scope of employment, 2) the employee acted in the course and scope of the duties he or she performed, 3) the act in question contributed to the employer's interstate transportation business and 4) the railroad was negligent. While many injuries fall under either workers compensation or FELA Some cases may require both. The two laws differ in a variety of ways, and a seasoned attorney can help you determine which one best suits your needs. Understanding these distinctions will save you time and money as well as to avoid confusion. Limitations Employers are accountable for the health and safety of their employees. However certain occupations and industries have a higher risk of injury than other. Employers are required to meet a higher standard of safety standards. People working in high-risk areas like utilities and construction for example, are often covered under the law of worker's compensation. State-specific laws give workers compensation in the event that they are injured during their employment. Railroad workers are also covered by 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 claim damages against employers due to their negligence or a violation of federal safety laws. Unlike state workers' compensation laws, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers demonstrate that negligence by their employers was the cause of their injuries. FELA claims will be handled in federal courts and railroad workers who have been injured are entitled to a jury trial. 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 perform a duty of care towards its employees, and that this negligence caused or contributed to the injury or death. The jury must also find that the railroad is in breach of one or more statutes in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will then decide the amount to which the plaintiff must be held accountable. The jury may reduce the amount by a percentage that negligence by the plaintiff 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 different from the workers' compensation laws of the individual states and created a system in 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 operate across state lines or internationally. It is also applicable to railroads that manage and own railway lines that are used by interstate railroads. Railroad workers are exempt from state laws on workers' compensation and provides a mechanism for claiming damages when they are injured at work because of a violation to federal safety statutes or the negligence of their employer. In order to win a lawsuit under FELA railroad workers who have been injured has to prove that their employer violated that act and that this violation caused or contributed their injury or death. In a FELA lawsuit the burden of proof falls on the plaintiff. The court may decide to order a jury to hear a FELA claim. To win a FELA claim, an employee must prove that the railroad caused or contributed to their death or injury. They must prove that they were hurt or killed because of a railroad's negligence, failure to provide safety education and equipment, or 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 pay the damages that were awarded. The jury should be properly educated on the law prior to their deliberations.