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The Federal Employers? Liability Act Protects Railroad WorkersAs the railroad industry grows, so too is the possibility of getting injured while working. In contrast to other types of workers railroad workers do not have access to state-run worker's compensation systems. Instead, they are covered by a federal law that shields them from employer negligence.This federal law is referred to as the Federal Employers? Liability Act (FELA). What you need to know about the Liability Act (FELA).DefinitionRailroad workers face unique challenges in safety. As a result, they are held to higher standards in regards to workplace-related injuries. If a worker is injured on the job it can be devastating and have a negative impact on their life. Fortunately there are laws to protect workers and make sure they receive the compensation they deserve.The Federal Employers Liability Act (FELA) allows injured railroad workers 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 have to be proved through the evidence of negligence or carelessness. A FELA attorney is a great resource.Congress approved FELA (1908). The law stipulates that railroad companies are liable for an injury or death of their employees. However, this only applies in the event that the accident occurred in the course of the employee's employment and stemmed due to 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 enacted to protect railroad workers, however it also establishes high standards of accountability for employers in all sectors. In general, workers compensation and FELA are not viewed as the same by judges, but this is changing as more cases are being filed under the FELA. As a result, it is important to know the differences between these two laws, so that you can choose which one is best for your situation. The Lanier Law Firm is experienced in representing railroad workers and can assist you with filing claims under FELA.PurposeIn general, employers are accountable to ensure the safety of their employees at work. This is particularly relevant for employees in high-risk fields such as construction and utilities. In certain instances the employer's negligence can result in an employee being injured or even dying. Because of this, employers in these fields are required to adhere to stricter safety standards. If an employee gets injured while at work, they must be compensated for their medical expenses as well as lost income.Railroad workers are protected under federal laws, which differ from workers' compensation laws. These laws, referred to as the Federal Employers' Liability Act or FELA requires that a worker to prove that their injuries were caused by the negligence of an employer.In 1908, Congress passed the FELA to ensure that railroad workers would be compensated for injuries they sustained. It was not designed to grant railroad workers complete compensation automatically. The law requires that workers prove that the railroad was negligent in causing their injuries. The law also prohibits employers from denying a claim by an employee on the basis of contributory negligence.As a rule an injured worker must demonstrate the following three things to be awarded damages under FELA:ScopeRailroad employees enjoy a unique working environment that is characterized by its own set of risks. If they suffer injuries while working they may have 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 just crucial for protecting workers, but also sets high standards that employers must follow.A Tennessee worker seeking compensation under FELA must establish four elements: (1) the injury occurred within the scope of the employee's job; (2) the employee was acting within the scope and of the scope of his duties; (3) the conduct was in the interest of the employer?s interstate transportation business and (4) the railroad was negligent and its negligence played some part in causing the injury.Some cases may be covered under both workers' compensation and FELA. Both laws differ in numerous ways. fela claims can help determine which law is appropriate for your situation. Knowing these distinctions will save you time and money as well as avoiding unnecessary confusion.LimitationsEmployers across the United States are accountable for keeping their employees secure and free of harm. However certain jobs and industries are more prone to injury than others. Employers are held to a higher standard of safety guidelines. The workers in high-risk industries like construction and utilities, for instance, are usually covered under the law of worker's compensation. These state-specific laws offer workers compensation in the event that they are injured in the course of 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 incurred by negligence of their employers or violation of federal safety statutes. Contrary to the state laws governing workers' compensation, FELA does not automatically give injured railroad workers full compensation. It requires injured railroad workers to demonstrate that their employer's negligence caused their injuries.FELA claims will be considered in federal courts, and railroad employees who are injured are entitled to an appeal to a jury. In a jury case the jury must decide that the railroad was responsible for an injured employee's injury or death. This conclusion must be based on the evidence presented in the case. It must include that the railroad did not perform a duty of care to its workers, and that this negligence led to or caused the injury or death.Moreover, the jury must also find that the railroad violated one or more of the statutes set forth in the FELA instructions. This includes violations of the 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 it may reduce the amount of the award by the percentage of the plaintiff's negligence caused or contributed to the death or injury.ApplicabilityIn 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who suffered injuries while working. This law was different than the laws for workers' compensation in individual states and provided an opportunity for injured railroad workers could sue their employers directly. FELA sets high standards for the duties of employers and allows railroad workers who have been injured to seek compensation in the event of injuries.FELA applies to employees of railroads that operate across state lines or internationally. It also applies to railroads that own and maintain railway tracks that are utilized by other interstate railroads. Railroad employees are exempt from state workers' compensation, and allows them to claim damages in the event that they are injured at work as a result of a lapse or negligence by their employer.In order to win a lawsuit filed under FELA an injured railroad worker must prove that their employer violated the law and that the violation led to or caused their injury or death. The burden of evidence in a FELA case lies with the plaintiff, and the court is able to require a jury trial in a FELA claim.To be successful in a FELA claim an employee must show that the railroad caused or contributed to their death or injury. They must prove 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 law such as the Boiler Inspection Act. If the jury decides to award damages to a plaintiff following an award the railroad is responsible for paying the damages. The jury should be properly educated on the law prior to beginning deliberations.