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The Federal Employers? Liability Act Protects Railroad WorkersThe railroad industry is expanding, and with it comes the risk of injury while working. Railroad workers aren't covered by state-run workers' compensation programs. Instead, they have an unwritten law that protects workers from negligence by employers.This federal law is known as the Federal Employers? Liability Act (FELA). What you need to know about the Liability Act (FELA).DefinitionRailroad workers face a unique set of safety issues while on the job. To prevent accidents at work, railroad workers are held to an elevated standard. A worker's injury on the job can have devastating effects on their lives. Fortunately there are laws that protect these workers and ensure they receive the compensation they are due.The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA differs from regular workers' comp, which protects workers in other industries. As opposed to workers' compensation, FELA claims must be proved by proving an employer's negligence. This is where a FELA lawyer can really assist.Congress adopted FELA in 1908. The law states that railroad carriers can be held accountable for the injury or death of an employee. However, fela federal employers liability act applies if the accident occurred while in the course of the employee's job and resulted from the negligence of the carrier. This could include the failure to provide sufficient safety equipment, training, or procedures or violations of the Safety Appliance Act.The law was passed to protect railroad workers but it also creates high standards of responsibility for employers across all industries. Judges generally do not think of workers' compensation or FELA to be the same, but this is changing as more FELA cases are filed. Therefore, it is essential to understand the differences between the two laws, so that you can determine which one is suitable for your case. The Lanier Law Firm is experienced in representing railroad workers, and can assist you with filing a claim under FELA.PurposeIn general, employers are required to ensure the safety of their employees while at work. This is especially relevant for those who work in high-risk fields like construction and 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 stricter safety rules. When a person gets injured while working and suffers a serious injury, they should be paid for their medical expenses and lost income.While the laws on workers' compensation 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), require workers to prove that their injury was caused by an employer's negligence.In 1908, Congress passed FELA in order to ensure that railroad workers would be compensated for injuries. It was not intended to grant railroad workers complete payment on a regular basis. Instead, the law requires that an injured worker prove that their injury was caused by the railroad's negligence. The law prohibits employers from denying a claim based on contributory negligence.In general, an injured worker has to prove three things in order to be eligible for compensation under the FELA.ScopeRailroad workers are at risk in a unique way. If they suffer injuries while working they are entitled to an action right against their employer under a Federal law known as the Federal Employers? Liability Act, 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 in the course and of their 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 caused the injury.Some cases might be covered under both workers' compensation and FELA. Both laws differ in many ways. A knowledgeable lawyer can assist you in determining which law is appropriate for your situation. Understanding these distinctions will save your time and money, and also avoid unnecessary confusion.LimitationsEmployers are responsible for the health and safety of their employees. However, certain industries and jobs pose a higher risk of injury than other. These employers are therefore held to a higher standard of safety guidelines. The workers in high-risk industries like construction and utilities, for instance, are usually protected under the law on worker's compensation. These state-specific laws provide workers compensation if they're injured during their work. Railroad workers are also covered by the Federal Employers' Liability Act which is codified as 45 U.S.C. 51-60).In 1908, Congress passed the FELA. This law allows injured railroad workers to claim damages against employers due to their negligence or a violation of federal safety laws. Unlike state workers compensation laws, FELA doesn't automatically award full compensation to railroad workers injured. Instead, it requires railroad workers injured to show that their employer was "legally negligent" in causing their injuries.FELA claims are typically handled in federal courts and railroad workers who have been injured are entitled to have their cases ruled by jury. In a case that is a jury, the jury must find that the railroad was liable for an injured employee's injury or death. The conclusion must be based on the evidence presented in the case. It must be based on the fact that the railroad failed to exercise a duty of care to its employees, and that this negligence caused or caused the injury or death.Furthermore, the jury must also determine that the railroad has did not comply with one or more of the statutes that are outlined 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 accountable and can reduce the amount of the award by the proportion of the plaintiff's negligence that caused or contributed to the death or injury.ApplicabilityIn 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who had suffered injuries while working. This law was distinct from the laws on workers' compensation of each state, 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 injured railroad workers to seek damages.FELA is applicable to employees of railroads that operate across state lines or internationally. It also applies to railroads who have their own railroad lines that are utilized by interstate railroads. Railroad workers are exempted from state laws on workers' compensation and provides a mechanism for claiming damages when they are injured while working 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 the injury or death. The burden of evidence in a FELA case is on the plaintiff and the court is able to order a jury trial in an FELA claim.In order to succeed in a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their death or injury. They must prove that they were hurt or killed as a result of a railroad's negligence, inability to provide safety training and equipment, or a violation of a safety law like the Boiler Inspection Act or Safety Appliance Act. If the jury awards damages to a plaintiff in an award the railroad is responsible for paying the damages. The jury has to be properly instructed about the law prior to their deliberations.