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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry grows and expand, so is the chance of being injured while working. Railroad workers aren't covered by state-run workers' compensation systems. Instead, they are protected by a federal law that shields workers from negligence by employers. Federal Employers Liability Act (FELA) is the name of this federal law. Liability Act (FELA). What you need to Know about the Liability Act (FELA). Definition Railroad workers face a distinct variety of safety concerns on the job. This is why they are required to meet higher standards in regards to workplace-related injuries. An injury sustained by a worker during work can have a devastating impact on their lives. Fortunately there are laws in place to protect these workers and ensure that they get the compensation they need. fela railroad accident lawyer allows railroad workers injured in accidents to sue their employers. FELA is different from the standard workers' compensation, which protects state workers in other industries. Contrary to workers' compensation, FELA claims are fault-based and must be proven through the evidence of the employer's negligence or inattention. A FELA attorney is a great resource. Congress passed FELA in 1908. The law says that a railroad carrier is liable for the injury or death of an employee. This liability is only applicable when the incident occurred in the context of the employee's work and was caused by the negligence of the railroad company. This could include the failure to provide adequate 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 sets high standards of accountability for employers in all sectors. Judges are not typically able to consider workers' compensation and FELA to be the same, however this is changing as more FELA cases are filed. It is crucial to know the distinctions between these laws to choose which is best for your particular situation. The Lanier Law Firm has extensive experience representing railroad workers. They can assist you in filing a claim under the FELA. Purpose In general, employers are responsible for keeping their employees safe at work. This is particularly relevant for those who work in areas that are high-risk such as construction or utilities. In some cases the employer's negligence can result in a worker getting hurt or even dying. This is why employers in these fields are held to stricter safety guidelines. If an employee gets injured at work, they must be compensated for their medical expenses and lost income. Railroad workers are protected under federal laws, which differ from the workers' compensation laws. These laws, referred to as the Federal Employers' Liability Act (FELA), require workers to prove that their injury was caused by the employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers would receive compensation for injuries suffered by them. The law was not designed to provide railroad workers with complete compensation. Instead the law requires a worker prove their injury was caused by railroad's negligence. The law prohibits employers from denial of a claim that is based on the contributory negligence. In general an injured worker must prove the following three things in order to be awarded compensation under FELA: Scope Railroad employees have a unique working environment that comes with its own set of risks. If they get injured at work they are entitled to a cause of action 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 important for protecting workers, but also sets standards that employers must follow. A Tennessee worker who seeks compensation under FELA is required to show four things: 1)) the injury occurred within the scope of employment, 2) the employee acted within the course and scope and his or her duties 3) the act in question furthered the employer's interstate transportation business and four) the railroad was negligent. Many injuries fall under either workers compensation or FELA laws Some cases may require both. Both laws differ in many ways. A knowledgeable lawyer can assist you in determining which law is best for your situation. Understanding these distinctions will help you save time and money as well as avoid confusion. Limitations Employers across the country are responsible to ensure that their employees are safe and unharmed. However certain occupations and industries have a higher risk of injury than others. They are thus held to a higher standard of safety standards. People working in high-risk areas like construction and utilities, for instance, are typically covered under worker's compensation law. These state-specific laws offer compensation to workers injured while working. In the same way, railroad workers are protected by federal law, known as the Federal Employers' Liability Act (FELA codified in 45 U.S.C. 51-60). In 1908, Congress passed the FELA. This law allows railroad workers injured by injuries to sue employers for damages caused by their negligence or a violation of federal safety laws. Unlike the state laws governing workers' compensation, FELA does not automatically award injured railroad workers full compensation. It requires injured railroad workers to demonstrate that their employer's negligence caused their injuries. FELA claims are typically heard in federal court and railroad workers who are injured are entitled to have their cases heard by juries. In a trial that is a jury, the jury will decide whether the railroad is liable for the injury or death of an employee who was injured. The conclusion must be based on the evidence presented in the case. It must include that the railroad failed to uphold a duty of respect to its employees, and that this negligence contributed to the death or injury. The jury must also find that the railroad is in violation of any one or more of the statutes mentioned 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 responsible, and it may reduce the amount of the award by the percentage of negligence by the plaintiff that caused or contributed to the death or injury. Applicability In 1908, Congress passed The Federal Employers' Liability Act to ensure the safety of railroad workers injured on the job. This law was different from the laws on workers' compensation of individual states, and provided a system whereby injured railroad workers could directly sue their employers. FELA sets high standards for employers' responsibilities, and allows railroad employees who are injured to seek damages. FELA applies to railroad employees who operate across state lines or internationally. It is also applicable to railroads that have their own railroad lines that are utilized by interstate railroads. It exempts railroad workers from state workers' compensation laws and provides a means to claim damages if they are injured at work because of a violation to federal safety statutes or the negligence of their employer. In order to win a lawsuit filed under FELA the injured railroad worker must prove that their employer violated the law and that the breach caused or caused their death or injury. In a FELA lawsuit, the burden of proof is on the plaintiff. The court may order a jury to hear a FELA claim. To prevail in a FELA lawsuit the employee must prove that the railroad was at fault for their injuries or death. They must prove that they were injured or killed because of the negligence of the railroad, its failure to provide safety training and equipment, or a violation of a safety law such as the Boiler Inspection Act or Safety Appliance Act. If a jury awards damages to a plaintiff following a verdict the railroad is accountable for paying the damages. Before beginning their deliberations, the jury must be fully informed about the law.