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The Federal Employers? Liability Act Protects Railroad Workers The railroad industry is expanding and with it, the chances of getting injured on the job. Railroad workers aren't covered by state-run workers' compensation systems. They are protected under a federal law against employer negligence. This federal law is known as the Federal Employers? Liability Act (FELA). Here's the information you should know about the Federal Employers. Definition Railroad workers face a distinct set of safety issues while on the job. To prevent accidents that result from work, railroad employees are held to a higher standard. An injury sustained by a worker during work can have a devastating impact on their lives. Fortunately there are laws to protect workers and ensure that they get the compensation they need. The Federal Employers Liability Act (FELA) allows railroad workers injured to sue their employers. FELA is different from the regular workers' compensation, which covers state workers in other industries. Unlike workers' compensation, FELA claims must be established by proving the negligence of the employer. This is where a FELA lawyer can be of great help. Congress passed FELA (1908). The law stipulates that a railroad carrier is accountable for injuries or death of their employees. However, this is only if the accident occurred while during the employee's employment and stemmed from the negligence of the carrier. This includes failure to provide adequate safety equipment, training, and procedures, or violations of the Safety Appliance Act. Despite the fact that the law was created to offer protection to railroad workers, it also sets high-risk standards for all employers. In general, workers compensation and FELA aren't considered to be the identical by judges, however this is changing as more cases are filed under the FELA. Therefore, it is important to know the differences between the two laws, so that you can choose which one is best for your case. The Lanier Law Firm is experienced in representing railroad workers and can assist you in filing an action under FELA. Purpose In general, employers are responsible to ensure the safety of their employees at work. This is particularly true for workers who work in areas that are high-risk such as construction or utilities. In certain instances however, an employer's negligence could result in an employee being injured or even dying. For this reason, employers in these industries are required to adhere to more stringent safety standards. If a worker is injured on the job, they deserve to be paid for their medical expenses and lost income. While the laws on workers' compensation cover many workers in the United States, there are specific federal laws that protect railroad workers. fela accident attorney , known as the Federal Employers' Liability Act (FELA) will require the worker to prove that their injury was the result of an employer's negligence. In 1908, Congress passed the FELA to ensure that railroad workers would be compensated for injuries they sustained. The law was not meant to provide railroad workers with complete compensation. The law requires railroad workers to demonstrate that the railroad was negligent in causing their injury. The law also prohibits employers from denying an employee's claim on the basis of negligence that is contributory. In general an injured worker must to be able to prove three things to be eligible for compensation under the FELA. Scope Railroad workers face a variety of risks. If they suffer injuries at work, they could sue their employer under a Federal Statute, referred to 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 adhere to. A Tennessee worker seeking compensation under FELA must show four things: (1) the injury occurred within the course of the employee's job; (2) the employee was acting in the course and of their duties; (3) the conduct was in the interest of the employer?s interstate transportation business; and (4) the railroad was negligent and its negligence was a factor in the causing of the injury. Some cases may be covered under both workers' compensation and FELA. The two laws differ in a variety of ways, and a knowledgeable lawyer can assist you in determining which one is most suitable for your needs. Having an understanding of these distinctions will save you time and money, as well as avoid unnecessary confusion. Limitations Employers across the United States are accountable to ensure that their employees are safe and unharmed. However, certain industries and jobs have a higher risk of injury than others. They are thus held to a higher standard of safety standards. The workers in high-risk industries such as utilities and construction, for example, are often protected under the law on worker's compensation. These state-specific laws offer workers compensation if they're injured in the course of their employment. Similarly, railroad workers are covered under federal law known as the Federal Employers' Liability Act (FELA codified at 45 U.S.C. 51-60). In 1908, Congress passed FELA to allow injured railroad workers to sue their employers for damages caused by their employer's negligence or in violation of federal safety laws. Contrary to state laws regarding workers compensation, FELA doesn't automatically award full compensation to railroad workers injured. Instead, it requires railroad workers injured to prove that their employer was “legally negligent” in causing their injuries. FELA claims will be handled in federal courts and railroad workers who have been injured are entitled to a jury trial. In a trial that is a jury, the jury must decide if the railroad is accountable for the death or injury of an employee who was injured. The verdict must be based on proofs that are presented in the case which include 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 the cause of, the injury or death. Additionally the jury has to determine that the railroad has was in violation of one or more of the laws that are outlined in the FELA instructions. This includes violations of the Safety Appliance Act, Boiler Inspection Act or Power Brake Act. The jury will determine the amount for which the plaintiff must be held accountable. The jury may reduce the amount by a percentage that the plaintiff's negligence was responsible to or caused the death or injury. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection for railroad workers who had suffered injuries on the job. This law was different than the laws for workers' compensation in individual states and provided a system through which injured railroad workers could sue their employers directly. FELA sets high standards for employer responsibilities and permits railroad workers injured to claim damages in the event of injury. FELA is applicable to railroad employees who work across state lines, or even internationally. It also applies to railroads that own and maintain railroad tracks that are used by other interstate railroads. Railroad workers are exempted from state laws on workers' compensation and allows to claim damages if they are injured at work because of a violation to federal safety regulations or the negligence of their employer. In order to win a lawsuit under FELA an injured railroad worker has to prove that their employer violated the law and that the violation caused or contributed their injury or death. In a FELA lawsuit the burden of proof lies on the plaintiff. The court can order a jury to hear a FELA claim. To prevail in a FELA lawsuit the employee must prove that the railroad was accountable for their death or injury. They must show that they were hurt or killed because of the negligence of the railroad, its failure to provide safety education and equipment, or violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act. If a jury decides to award damages to a plaintiff in an award, the railroad is responsible for the payment of the damages. The jury has to be properly instructed about the law before they begin deliberations.