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The Federal Employers? Liability Act Protects Railroad WorkersThe railroad industry is expanding, and with it, the chances of injury at work. Unlike other types of workers railroad workers don't have access to the state-run worker's compensation systems. Instead, they have an unwritten law that protects workers from negligence by employers.This law, which is federal, is referred to as the Federal Employers? Liability Act (FELA). Here is the information you need to know about it.DefinitionRailroad workers face unique challenges in safety. To avoid work-related accidents, railroad workers are held to the highest standards. When a worker is injured on the job, it can be extremely devastating and affect their entire life. Fortunately there are laws in place to protect these workers and ensure they receive the compensation they deserve.The Federal Employers Liability Act (FELA) allows injured railroad workers to sue their employers. FELA is different from regular workers' compensation, which protects state workers in other industries. As opposed to workers compensation, FELA claims must be established by proving the negligence of the employer. This is where a FELA lawyer can really help.Congress passed FELA in 1908. The law stipulates that railroad companies are liable for an injury or death of their employees. This liability only applies if the accident happened in the scope and course of the employee's work and was caused by the negligence of the railroad company. This could be due to the carrier's insufficient 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 responsibility for employers across all industries. In general, workers' compensation and FELA are not viewed as the same by judges, but this is changing as more cases are filed under the FELA. This is why it is essential to understand the differences between the two laws so you can decide which one is the best for your particular situation. The Lanier Law Firm is experienced in representing railroad workers and can assist you with filing claims under FELA.PurposeIn general, employers are required to ensure the security of their employees at work. This is particularly true for workers who work in highly risky fields such as construction or utilities. In certain instances the negligence of an employer can result in a worker being injured or even dying. Employers in these fields must adhere to more stringent safety rules. When a person gets injured on the job, they deserve to be compensated for medical bills and lost earnings.While the laws on workers' compensation protect many workers in the United States, there are specific federal laws that protect railroad workers. These laws, known as the Federal Employers' Liability Act (FELA) will require a worker to prove their injury was caused by the employer's negligence.In 1908, Congress passed FELA in order to ensure that railroad workers received compensation for their injuries. It was not intended to grant railroad workers complete payment on a regular basis. Instead, fela lawyers requires that an injured worker prove that their injury was caused by railroad's negligence. The law prohibits employers from denying a claim based on contributory negligence.As a rule an injured worker must demonstrate the following three things in order to be awarded compensation under FELA:ScopeRailroad employees enjoy an environment of work that is characterized by its own set of risks. If they suffer injuries while working they are entitled to an action right against their employer under a Federal statute known as The Federal Employers? Liability Act, U.S.C. 51 et seq. This law is not only crucial to protect workers, it also sets high standards for employers must meet.A Tennessee worker seeking compensation under FELA must prove four elements: (1) the injury occurred within the course of employment; (2) the employee was acting in the course and scope of his or her duties; (3) the conduct was in the interest of the employer's interstate transportation business and (4) the railroad was negligent and caused the injury.Some cases might be covered under both workers' compensation and FELA. Both laws are different in many ways. A knowledgeable lawyer can help you determine the best law for your particular situation. Understanding these differences will help you save time and money and also to avoid confusion.LimitationsEmployers across the United States are responsible to ensure that their employees are secure and free of harm. However, certain industries and jobs pose a higher risk of injury than other. These employers are therefore subject to a higher level of safety guidelines. For example, workers in high-risk fields such as construction and utilities are often covered by worker's compensation laws. State-specific laws give workers compensation in the event that they are injured in the course of their job. Railroad workers are also covered under the Federal Employers' Liability Act, codified as 45 U.S.C. 51-60).In 1908, Congress passed FELA to allow injured railroad workers to sue their employers for damages caused by negligence of their employers or violation of federal safety laws. Unlike the laws of state workers' compensation, FELA does not automatically award injured railroad workers full compensation. 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 employees who are injured are entitled to a jury trial. In a jury trial the jury will decide whether the railroad is responsible for the injury or death of an employee who has been injured. This conclusion should be based on the evidence presented in the case. It must include that the railroad did not perform a duty of care to its employees, and that this negligence led to or contributed to the death or injury.The jury must also find that the railroad is in violation of one or more statutes listed 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 is held accountable. It could reduce the amount by the proportion that the plaintiff's negligence was responsible to or caused the death or injury.ApplicabilityIn 1908, Congress passed the Federal Employers' Liability Act (FELA) to offer protection for railroad workers who suffered injuries while working. This law was different from the laws on workers' compensation of each state, and established a system by which railroad workers who were injured could directly sue their employers. FELA sets high standards for employer responsibilities and allows injured railroad workers to recover damages in cases of injury.FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads who manage and own rail lines that are used by interstate railroads. Railroad employees are not covered by state workers' compensation and gives them the ability to claim damages if they suffer injuries at work as a result of a lapse or negligence by their employer.To prevail in a lawsuit brought under FELA an injured railroad worker must show that their employer acted in violation of the law and that this violation led to or contributed to their injury or death. In a FELA lawsuit, the burden of proof falls on the plaintiff. The court may decide to have a jury hear the case of a FELA claim.To be successful in a FELA claim, an employee must prove that the railroad caused or contributed to their injuries or death. They must prove that they were hurt or killed because of the negligence of a railroad, their failure to provide safety education and equipment, or a violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If a jury awards damages to a plaintiff in an award the railroad is accountable for the payment of the damages. Before they begin their deliberations, the jury should be properly informed about the law.