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The Federal Employers Liability Act Protects Railroad Workers The railroad industry is growing and so are the risks of injury at work In contrast to other types of workers railroad workers do not have access to staterun workers compensation systems Instead they are covered 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 Here is the information you must know about the Financial Liability Act FELA Definition Railroad workers face unique safety issues To avoid workrelated accidents railroad workers are held to a higher standard A workers injury on the job can have devastating consequences for their life Thankfully there are laws in place to protect these workers and ensure that they receive the compensation they deserve The Federal Employers Liability Act allows railroad workers injured in accidents to sue their employers FELA differs from traditional workers compensation which is a type of insurance that covers workers in other industries In contrast to workers compensation FELA claims are faultbased and require the evidence of the employers negligence or inattention A FELA attorney is a great resource Congress approved FELA in 1908 The law stipulates that railroad companies can be held liable for the death or injury of an employee However this is only in the event that the accident occurred during the employees employment and stemmed due to the negligence of the railroad company This could be due to the carriers failure to provide sufficient 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 but it also establishes high standards of liability for employers in all sectors Judges do not generally consider workers compensation or FELA to be the same however this is changing as more FELA cases are filed It is essential to be aware of the differences between these laws to choose which is best for your situation The Lanier Law Firm is experienced in representing railroad workers and can assist you in filing claims under FELA Purpose In general employers are accountable to ensure the safety of their employees while at work This is particularly true for workers who work in highrisk fields like construction and utilities In some instances however an employers negligence could result in workers being injured or even dying Employers in these sectors must follow stricter safety standards If an employee gets injured while at work they must be compensated for their medical expenses as well as lost income Workers compensation laws cover many workers in the United States there are special federal laws that protect railroad workers These laws known as the Federal Employers Liability Act FELA will require the worker to prove that their injury was caused by the employers negligence In 1908 Congress passed the FELA to ensure that railroad workers receive compensation for their injuries The law was not designed to give railroad workers full compensation Instead the law requires that an injured worker prove that their injury was caused by railroads negligence The law also prohibits employers from denying a claim by an employee on the ground of contributory negligence As a general rule an injured worker must demonstrate the following three elements to be awarded compensation under FELA Scope Railroad workers face a variety of risks If they get injured while working they are entitled to a cause of action against their employer under a Federal statute known as The Federal Employers Liability Act USC 51 et seq This law is not only important to protect workers it also sets high standards that employers must meet A Tennessee worker who seeks compensation under FELA must prove four things 1 the injury occurred within the scope of employment the employee acted in the course and scope of the duties he or she performed 3 the conduct in question contributed to the employers interstate transportation business and 4 the railroad was negligent Certain cases could be covered under both workers compensation and FELA The two laws differ in several ways and a seasoned lawyer can help you decide which one best suits your needs Understanding these differences will help you save time and money as well as to avoid confusion Limitations Employers are responsible for the security and wellbeing of their employees However certain industries and jobs are more prone to injury than others These employers are therefore required to meet a higher standard of safety standards Workers in highrisk fields such as utilities and construction for instance are typically covered under workers compensation law These statespecific laws offer compensation to workers injured while working In the same way railroad workers are covered under federal law known as the Federal Employers Liability Act FELA codified in 45 USC 5160 In 1908 Congress passed the FELA This law allows railroad workers injured by injuries to seek damages from employers resulting from their negligence or a violation of federal safety laws Contrary to state laws regarding workers compensation FELA doesnt automatically award full compensation to railroad workers who have been injured Instead it requires injured railroad workers to show that their employer was legally negligent in causing their injuries FELA claims are usually heard in federal court and railroad workers who are injured are entitled to have their cases decided by juries In a jury trial the jury must decide if the railroad is liable for the injury or death of an employee who has been injured This finding must be based on proofs provided in the case for example that the railroad was negligent in not exercising the proper care for its workers and that the railroads negligence led to or contributed to causing 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 The jury will then determine the amount to which the plaintiff must be accountable It could reduce the amount by a percentage that negligence by the plaintiff contributed to the death or injury Applicability In 1908 Congress passed the Federal Employers Liability Act FELA to offer protection for railroad workers who sustained injuries while on the job This law was distinct from the laws for workers compensation in the individual states and created an opportunity for injured railroad workers could sue their employers directly FELA establishes high standards for the employers obligations and permits railroad employees who are injured to seek damages FELA is applicable to railroad employees who work across state lines or even internationally It also applies to railroads that manage and own railway lines that are used by interstate railroads It exempts railroad workers from state workers compensation laws and provides a means for claiming damages when they are injured on the job because of a violation of federal safety statutes or the negligence of their employer In order to win a lawsuit under FELA the injured railroad worker must show that their employer has violated the act and that the breach caused or contributed to their death or injury The burden of proof in a FELA case lies with the plaintiff and the court has the authority to order a jury trial for an FELA claim To prevail in a FELA lawsuit an employee must prove that the railroad was at fault for their injuries or death They must prove that they were injured or killed as a result of the negligence of the railroad its inability to provide safety training and equipment or in violation of a safety rule such as the Boiler Inspection Act or Safety Appliance Act If the jury decides that a plaintiff is the winner the railroad must compensate the damages that were awarded Before fela accident attorney begin their deliberations the jury must be fully informed about the law