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The Federal Employers? Liability Act Protects Railroad Workers As the railroad industry grows and expand, so does the risk of being injured at work. Railroad workers are not covered by the state-run workers' compensation programs. Instead, they are protected by an unwritten law that protects them from employer negligence. 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 unique challenges in safety. In order to prevent work-related accidents, railroad workers are held to a higher standard. If a worker is injured while working, it can be extremely devastating and impact their entire life. Thankfully there are laws in place to protect workers and make sure they get the compensation they deserve. The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers. FELA is different from regular workers compensation, which covers state workers in other sectors. As opposed to workers compensation, FELA claims must be established by proving the employer's negligence. This is where a FELA lawyer can really assist. Congress approved FELA in 1908. The law states that a railroad carrier is responsible for any injury or death of their employees. This liability only applies if the accident happened in the scope and course of the employee's duties and was caused by the negligence of the railroad company. This could include the failure to provide sufficient safety equipment, training, and procedures or infractions of the Safety Appliance Act, Boiler Inspection Act and the Power Brake Act. The law was enacted to protect railroad workers but it also establishes high standards of responsibility for employers across all sectors. Judges generally do not think of workers' compensation or FELA to be the same thing, but this is changing as more FELA cases are filed. It is important to understand the differences between these laws to choose which is best for your particular situation. The Lanier Law Firm is experienced in representing railroad workers, and can help you file an action under FELA. Purpose As a rule employers are accountable for ensuring their employees' safety at work. act fela is especially applicable to workers in areas that are high-risk such as construction or utilities. In some cases the negligent employer can lead to an employee being injured or even dying. For this reason, employers in these industries are held to stricter safety guidelines. When a person gets injured on the job and suffers a serious injury, they should be compensated for medical expenses and lost income. Railroad workers are protected by federal laws that differ from workers' compensation laws. These laws, also referred to as the Federal Employers' Liability Act or FELA will require that a person to prove that their injury was resulted from the negligence of an employer. In 1908, Congress passed FELA in order to ensure that railroad workers would be compensated for injuries. It was not designed to give railroad workers full compensation automatically. The law requires that workers 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 contributory negligence. In general an injured worker must to prove three things in order to be entitled to compensation under the FELA. Scope Railroad workers face unique risks. If they are injured while at work, they can sue their employer under a Federal Statute referred to as the Federal Employers? Liability Act, 45 U.S.C. 51 et seq. This law isn't just essential for protecting workers, but also sets high standards for employers must meet. A Tennessee worker seeking compensation under FELA must demonstrate four elements: 1.) the injury occurred within the context of employment,) the employee acted in the course and scope and his or her duties 3) the conduct at issue was detrimental to the employer's interstate transport business and four) the railroad was negligent. While many injuries are covered under either workers compensation or FELA certain cases could fall under both. Both laws differ in many ways. An experienced lawyer can help you determine which law is best for your situation. Understanding these distinctions will save you time and money, as well as avoiding unnecessary confusion. Limitations Employers are responsible for ensuring the safety and well-being of their employees. Certain industries and occupations pose a greater chance of injuries. Employers are subject to a higher level of safety standards. For instance, workers in high-risk fields such as utilities and construction are usually covered by worker's compensation laws. State-specific laws give workers compensation if they're injured in the course of their work. The same is true for railroad workers. covered under 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 permits railroad workers injured by injuries to seek damages from employers resulting from their negligence or a violation of federal safety laws. In contrast to state workers' compensation laws, FELA doesn't automatically award full compensation to railroad workers who have been injured. It requires injured railroad workers show that their employer's negligence caused their injuries. FELA claims will be heard in federal courts, and railroad workers who are injured are entitled to trial by jury. In a trial that is a jury, the jury must decide if the railroad is accountable for the injury or death of an injured employee. The verdict must be based on evidence provided in the case including that the railroad was negligent in failing to exercise a reasonable duty of care for its workers and that the railroad's negligence led to, or contributed to cause the injury or death. Moreover, the jury must also determine that the railroad has was in violation of one or more of the laws set forth in the FELA instructions. This includes violations of Safety Appliance Act, Boiler Inspection Act, or Power Brake Act. Finally, the jury must determine the amount of damages for which the plaintiff is liable, and it may reduce the amount of the award by the proportion of negligence by the plaintiff that caused or contributed to the injury or death. Applicability In 1908, Congress passed the Federal Employers' Liability Act (FELA) to provide protection to railroad workers who had suffered injuries while working. This law was distinct from the laws governing workers' compensation of individual states, and created a system in which railroad workers who were injured could directly sue their employers. FELA sets high standards for employer responsibilities and allows injured railroad workers to seek compensation in the event of injury. FELA is applicable to railroad employees who work across state lines or even internationally. It also applies to railroads who manage and own railway lines that are used by interstate railroads. It exempts railroad workers from state workers' compensation laws and provides a means to claim damages if they are injured while working due to a violation of federal safety statutes or the negligence of their employer. To win a lawsuit under FELA an injured railroad worker must demonstrate that their employer has violated the law and that the violation caused or contributed the injury or death. The burden of the burden of proof in a FELA case is on the plaintiff, and the court has the authority to order a trial by jury in an FELA claim. To win a FELA claim an employee must demonstrate that the railroad was responsible for or contributed to their death or injury. They must show that they were injured or killed due to the railroad's negligence or inability to provide safety equipment and training, or because of a violation of a safety rule like the Boiler Inspection Act. If a jury gives damages to a plaintiff after an award, the railroad is responsible for the payment of the damages. Before they begin deliberations, the jury has to be informed of the law.