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The Federal Employers? Liability Act Protects Railroad Workers

The railroad industry is expanding, and with it comes the risk of being injured while working. Railroad workers are not covered by state-run workers' compensation systems. Instead, they are covered by a federal law that protects them from negligence by employers.


This federal law 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 distinct set of safety issues when working. To avoid work-related accidents, railroad workers are held to the highest standards. If a worker gets injured on the job it can be devastating and have a negative impact on their life. Thankfully there are laws to protect workers and make sure they receive the compensation they need.

The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA is different from the standard workers compensation, which covers state workers in other sectors. Unlike workers compensation, FELA claims must be proven by proving the employer's negligence. A FELA attorney can be a great resource.

Congress approved FELA in 1908. The law stipulates that railroad companies are liable for an injury or death of their employees. However, this only applies when the incident occurred in the course of the employee's work and resulted from the carrier's negligence. This could include the failure to provide adequate safety equipment, training, and procedures or infractions of the Safety Appliance Act.

The law was passed to protect railroad workers, however it also sets high standards of responsibility for employers across all industries. Judges generally do not consider 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 to choose which is best for your situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in filing a claim under the FELA.

Purpose

As a general rule employers are accountable for keeping their employees safe at work. This is especially applicable to workers in highly risky fields such as construction or utilities. In certain instances however, an employer's negligence could result in workers being injured or even dying. This is why employers in these fields are required to adhere to stricter safety standards. When an employee is injured at work, they must be compensated for medical expenses and loss of income.

Workers' compensation laws apply to a wide range of workers in the United States, there are special federal laws that protect railroad workers. These laws, referred to as the Federal Employers' Liability Act (FELA), require the worker to prove that their injury was caused by an employer's negligence.

In 1908, Congress passed FELA in order to ensure that railroad employees received compensation for their injuries. The law was not meant to give railroad workers full compensation. The law requires workers to demonstrate that the railroad was negligent in causing their injuries. The law prohibits employers from refusing to accept a claim based on the negligence of a contributor.

As a rule an injured worker must demonstrate the following three elements to be awarded damages under FELA:

Scope

Railroad employees have an environment of work that is characterized by its own set of risks. If they are injured at work, they may sue their employer under a Federal Statute referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This crucial law doesn't only protect workers but sets high standards for employers to adhere to.

A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the scope of employment; (2) the employee was acting within the course and of their duties; (3) the conduct in question was in furtherance of the employer?s interstate transportation business and (4) the railroad was negligent and played some part in causing the injury.

Certain cases could be covered under both workers' compensation and FELA. The two laws differ in many ways, and a skilled lawyer can help you decide which one is best suited to your needs. Understanding these distinctions will help you save time and money, as well avoid confusion.

Limitations

Employers across the nation are accountable for keeping their employees protected and safe. Certain occupations and industries pose higher risk of injuries. Therefore, those employers are held to a stricter level of safety guidelines. People working in high-risk areas like utilities and construction for instance, are usually protected under the law on worker's compensation. These state-specific laws provide compensation to workers who are injured while working. Similarly, railroad workers are 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 railroad workers injured by accidents to sue their employers for damages incurred due to their employer's negligence or violation of federal safety laws. Contrary to the state laws governing workers' compensation, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers show that their employer's negligence caused their injuries.

fela claims railroad employees are usually considered in federal court and railroad workers who have been injured are entitled to have their cases ruled by a jury. In a case that is a jury the jury must decide that the railroad was responsible for the injury or death of an employee or death. This finding must be based on the proofs that are presented in the case which include that the railroad was negligent in failing to exercise the proper care for its employees and that the railroad's negligence caused or contributed to causing, the injury or death.

The jury must also find that the railroad is in violation of 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. In the end, the jury has to determine the amount of damages for which the plaintiff is liable and may also reduce the amount of the award by the percentage of the plaintiff's negligence that caused or contributed to the injury or death.

Applicability

In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who suffered injuries on the job. This law was distinct from the workers' compensation laws of the individual states and established a system by which injured railroad workers could directly sue their employers. FELA sets 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 railway tracks that are utilized by other interstate railroads. Railroad workers are exempted from state laws on workers' compensation and provides a means for claiming damages when they are injured at work because of a violation of federal safety laws or due to the negligence of their employer.

In order to win a lawsuit under FELA an injured railroad worker must demonstrate that their employer has violated the law and that the violation led to or contributed to their injury or death. In a FELA lawsuit the burden of proof is on the plaintiff. The court may require a jury to consider the case of a FELA claim.

In order to succeed in a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their injuries or death. They must show that they were injured or killed because of a railroad's negligence, inability to provide safety training and equipment, or in violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If the jury decides to award damages to a plaintiff in a verdict the railroad is accountable for the payment of the damages. The jury must be properly informed about the law prior to beginning deliberations.

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