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The Federal Employers? Liability Act Protects Railroad Workers The industry of railroads is growing, and so are the risks of getting injured on the job. Railroad workers are not covered by the state-run workers' compensation programs. Instead, they are covered by an unwritten law that protects them from employer negligence. This federal law is known as the Federal Employers? Liability Act (FELA). Here's what you must know about the Financial 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 an elevated standard. A worker's injury at work can have a devastating consequences for their life. Fortunately there are laws that protect workers and ensure they receive the compensation they deserve. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA differs from the regular workers' compensation which protects workers in other industries. In contrast to workers' compensation, FELA claims must be established by proving the negligence of the employer. A FELA attorney is a great resource. Congress passed FELA in 1908. The law says that railroad carriers can be held accountable for the death or injury of an employee. This liability only applies when the incident occurred in the context of the employee's duties and was caused by negligence on the part of the carrier. This includes the failure to provide the proper safety equipment, training, or procedures or infractions of the Safety Appliance Act. Despite the fact that the law was enacted to offer protection to railroad workers, it also creates strict liability requirements for employers in 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. Therefore, it is essential to understand the differences between these two laws so you can decide which one is the best for your 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 rule, employers are responsible for keeping their employees safe at work. This is especially applicable to workers in highly risky fields like construction and utilities. In certain instances an employer's negligence could lead to a worker being injured or even dying. Because of this, employers in these fields are required to adhere to stricter safety standards. When a person gets injured on the job and suffers a serious injury, they should be compensated for their medical expenses and lost earnings. Railroad workers are protected by federal laws, which differ from the laws governing workers' compensation. These laws, also known as the Federal Employers' Liability Act (FELA) requires a worker to prove their injury was caused by the employer's negligence. In 1908, Congress passed FELA in order to ensure that railroad employees would be compensated for injuries. It was not designed to give railroad workers full payment on a regular basis. Instead the law requires a worker prove their injury was caused by railroad's negligence. The law also prohibits employers from denying a claim by an employee on the basis of contributory negligence. In general, an injured worker must demonstrate the following three elements to be awarded damages under the FELA: Scope Railroad employees have a unique working environment that is characterized by the risk of its own. If they get injured 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 crucial law doesn't only safeguard workers, it also sets high standards for employers to meet. A Tennessee worker who seeks compensation under FELA must prove four elements: 1.) the injury occurred within the context of employment, 2) the employee acted within the course and scope of his or her duties 3) the conduct in question contributed to the employer's interstate transportation business, and four) the railroad was negligent. Certain cases could be covered under both workers compensation and FELA. Both laws differ in numerous ways. A knowledgeable lawyer can assist you in determining the best law for your particular situation. Understanding the differences can help you save time and money as well as to avoid confusion. Limitations Employers across the United States are responsible to ensure that their employees are protected and safe. Certain industries and professions carry the highest risk of injuries. These employers are therefore subject to a higher level of safety standards. People working in high-risk areas like construction and utilities, for instance, are usually covered under worker's compensation law. These state-specific laws offer workers compensation if they are injured during their work. The same is true for railroad workers. covered by federal law known as the Federal Employers' Liability Act (FELA, codified at 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law permits injured railroad workers to seek damages from employers resulting from their negligence or in violation of federal safety laws. Unlike state workers compensation laws, FELA doesn't automatically award the full amount of compensation to injured railroad workers. It requires railroad workers who have been injured to prove that negligence by their employers was the reason for their injuries. FELA claims will be heard in federal courts, and railroad employees who have been injured are entitled to a jury trial. In a jury trial the jury must determine that the railroad is responsible for the injury or death of an employee who was injured. The verdict must be based on evidence presented in the case, for example, that the railroad was negligent in not exercising a reasonable duty of care for its workers, and that the railroad's negligence caused or contributed to causing 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 of damages for which the plaintiff is liable and can reduce the amount of the award by the percentage of the plaintiff's negligence caused or contributed to the death or injury. Applicability In 1908, Congress passed The Federal Employers' Liability Act to protect railroad workers who were injured on the job. This law was distinct from the laws for workers' compensation in individual states and provided an avenue through which injured railroad workers could sue their employers directly. fela attorneys sets high standards for the duties of employers and allows injured railroad workers to recover damages in cases of injuries. FELA applies to railroad employees who operate across state lines or internationally. It is also applicable to railroads that manage and own rail lines that are used by interstate railroads. Railroad employees are exempt from 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 of their employer. To prevail in a lawsuit brought under FELA railroad workers who have been injured must demonstrate that their employer has violated the law and that the violation caused or contributed the injury or death. In a FELA lawsuit the burden of proof falls on the plaintiff. The court may require a jury to consider the FELA claim. To win a FELA claim an employee must show that the railroad was responsible for or contributed to their injury or death. They must prove that they were injured or killed because of the railroad's negligence or inability to provide safety equipment and training, or because of a violation of a safety law such as the Boiler Inspection Act. If the jury decides to award damages to a plaintiff in a verdict the railroad is accountable for the payment of the damages. Before they begin deliberations, the jury must be fully informed about the law.